BY SYLIVESTER DOMASA
7th November 2013
Opposition:We hoped they would bring a bill to abolish the law
The amendment bill proposes a whopping 5m/- fine against the current 150,000/- charged for publishing a hate speech and/or three years sentence contained in the current Act as a regulation.
Tabling the Written Laws (Miscellaneous Amendments) (No 3) Bill of 2013, Attorney General (AG) Frederick Werema said the Amendments to the Newspaper Act will help block publication of ‘hate speeches’.
The Newspaper Act and the Penal Code Act, 1945 only defines seditions as an offense. The government also proposed amendments of the Penal Code to incorporate a ‘hate speeches’ section in the legislation.
“The government has thoroughly scrutinised the newspaper Act and noticed that it contextually prohibits publication of inflammatory information which might lead to breach of peace…the penalty mentioned is too small compared to the offense. The bill therefore proposes adjustment of the penalty,” he noted.
Speaking on behalf of Parliamentary Constitution, Legal Affairs and Public Administration Committee Special Seats MP Fakharia Shomari (CCM) concurred with the government proposal stressing that the principal aim of introducing newspapers is to inform the society but not to publish inflammatory ‘hate speeches.’
Shadow Minister for Constitutional and Legal Affairs Tundu Lissu said members of the opposition were against the proposed amendments.
According to Lissu, the opposition is of the view that the government should reconsider the entire history of the Newspaper Act and deliberate the rationale of continuing to use it.
“Hon Speaker, the Newspaper Act was adopted during the colonial period in 1928. The Act did not include hate speeches and criminal libel sections it has today. The sections secured their way in 1953, only designed to protect critics and opposition,” he said.
He said since 1964 the government has never adopted a legislation defining hate speech and that it was shocking to note that instead of abolishing the Newspaper Act, the government is adjusting penalties.
“We hoped the government would bring a bill to abolish the Newspaper Act and enact a new law which will preserve and promote press freedom,” he said.
Debating the proposed amendments, Peramiho MP Jenista Mhagama (CCM) said the government should stop ‘butchering’ the issue of press freedom and instead table in the parliament the Press Management Act and the bill on the Freedom of Information Act.
She said the two are the fundamental answers to concerns related to publication of hate speeches and publications likely to breach peace in the country.
Pindi Chana (Special Seats, CCM) said the government had spent a lot of energy to establish peace and that something had to be done in protecting it.
Among other laws tabled yesterday included the Civil Aviation Act, the Constituencies Development Catalyst Fund Act, Education Fund Act, the Film and Stage Plays Act and the Higher Education Students’ Loans Board Act.
Other laws tabled yesterday were the Official Oaths Act, The Penal Code, the Prevention of Terrorism Act, Public Cooperation Act, the Universities Act, Vocational Education and Training Act and the Social Security (Regulatory Authority) Act both of which were amended in 2002.
SOURCE: THE GUARDIAN
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