CHAPTER 229
NEWSPAPERS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   Appointment of Registrar, etc.

   4.   Registers.

PART II
REGISTRATION OF NEWSPAPERS

   5.   Application of this Part and exclusions.

   6.   Affidavit required from the proprietor, printer and publisher of a newspaper.

   7.   New affidavit when required.

   8.   Affidavit by company.

   9.   Copies of newspapers to be delivered to Registrar.

   10.   Return of newspapers to be made to Registrar.

   11.   Publication of registration of newspapers.

   12.   Penalties under Part II.

PART III
BONDS

   13.   Minister may require publisher to execute and register bond.

   14.   New bond in certain cases.

   15.   Withdrawal of surety.

   16.   Minister may call on obligor or surety to satisfy him as to means.

   17.   Penalty for publishing, etc., newspaper without bond.

PART IV
GENERAL PROVISIONS RELATING TO NEWSPAPERS

   18.   Evidentiary value of copies and extracts, and of certificates.

   19.   When proof of purchase of newspaper unnecessary.

   20.   Name and address of printer, etc., to be printed on newspaper.

   21.   Printer to keep copy of newspaper and produce same on demand.

   22.   Power to seize certain newspapers and search premises.

   23.   Cancellation of affidavits registered.

   24.   Inspection of registers, etc., and provision of copies of and extracts from registers.

   25.   Minister may prohibit publication of newspaper.

PART V
OFFENCES AGAINST THE REPUBLIC

   26.   Interpretation of this Part.

   27.   Power to prohibit importation of publication.

   28.   Offences in relation to publications, the importation of which is prohibited.

   29.   Delivery of prohibited publication to administrative officer or to police station.

   30.   Power to examine packages.

   31.   Seditious intention.

   32.   Seditious offences.

   33.   Legal proceedings.

   34.   Evidence.

   35.   Definition of overt act.

   36.   Publication of false news likely to cause fear and alarm to the public.

   37.   Incitement to violence.

PART VI
DEFAMATION

   38.   Definition of libel.

   39.   Definition of defamatory matter.

   40.   Definition of publication.

   41.   Definition of unlawful publication.

   42.   Cases in which publication of defamatory matter is absolutely privileged.

   43.   Cases in which publication of defamatory matter is conditionally privileged.

   44.   Explanation as to good faith.

   45.   Presumption as to good faith.

   46.   Defamation of foreign dignitary.

   47.   Penalty for libel.

PART VII
MISCELLANEOUS PROVISIONS, REPEALS AND AMENDMENTS

   48.   Offences by corporations, societies, etc.

   49.   Liability of employer or principal.

   50.   Service of process and notices.

   51.   Jurisdiction of courts.

   52.   Public officers indemnified.

   53.   Regulations.

   54.   [Repeal of R.L. Cap. 229.]

   55.   [Amendment of Cap. 16.]

PART VIII
SPECIAL PROCEDURE FOR TRIAL OF CASES OF DEFAMATION IN SUITS OF A CIVIL NATURE

   56.   Interpretation for purposes of this Part and limitation of application of this Part.

   57.   Court to sit with assessors.

   58.   Saving provisions of Civil Procedure Code and of other laws.

CHAPTER 229
THE NEWSPAPERS ACT

An Act to provide for the registration and regulation of, and other matters relating to, newspapers.

[1st January, 1976]
[G.N. No. 189 of 1976]

Acts Nos.
3 of 1976
10 of 1994

PART I
PRELIMINARY PROVISIONS (ss 1-4)

1.   Short title

   This Act may be cited as the Newspapers Act.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   "Minister" means the Minister for the time being responsible for matters relating to newspapers;

   "newspaper" means any paper containing news, or intelligence, or reports of occurrences of interest to the public or any section thereof, or any views, comments or observations thereon, printed for sale or distribution and published in Tanzania periodically or in parts or numbers;

   "print" means produce or reproduce words or pictures in visible form by printing, writing, typewriting, duplicating, cyclostyling, lithography, photography or any other mode of representing the same in visible form, but does include the representation of words or pictures by means of cinematography or television;

   "Registrar" means the person appointed to be the Registrar of Newspapers under section 3, and includes a person appointed under that section to be a Deputy or Assistant Registrar.

3.   Appointment of Registrar, etc.

   The Minister shall, by notice in the Gazette, appoint a public officer to be the Registrar of Newspapers to perform the duties and exercise the powers imposed and conferred on the Registrar by this Act and any regulations made hereunder, and may appoint from among public officers a Deputy Registrar and as many Assistant Registrars of Newspapers as the Minister shall consider necessary, who shall be subject to the directions of the Registrar.

4.   Registers

   The Registrar shall keep registers in the prescribed forms in which he shall register the affidavits delivered to him under section 6, the returns in respect of newspapers made to him under section 10, and the bonds delivered to him under sections 13 and 14, and shall enter therein such other particulars and matters as may be prescribed.

PART II
REGISTRATION OF NEWSPAPERS (ss 5-12)

5.   Application of this Part and exclusions

   (1) This Part shall apply to every newspaper other than a newspaper to which any notice issued under subsection (2) of this section applies.

   (2) The Minister may, by notice in the Gazette, exclude any newspaper or class of newspapers from the operation of all or any of the provisions of this Part either absolutely or subject to such conditions as he may think fit.

6.   Affidavit required from the proprietor, printer and publisher of a newspaper

   No person shall print or publish or cause to be printed and published in Tanzania any newspaper, unless the proprietor, printer and publisher shall each have previously made, signed and sworn before a magistrate and registered in the office of the Registrar in the prescribed manner and delivered by him to the Registrar, an affidavit containing the following information–

   (a)   the correct title or name of the newspaper;

   (b)   a true description of the house or building wherein such newspaper is intended to be printed; and

   (c)   the real and true names and places of residence of the persons intended to be proprietor, printer and publisher of the newspaper.

7.   New affidavit when required

   Wherever any of the proprietors, printers or publishers named in an affidavit registered under section 6 are changed or change their printing house, place of residence or office and as often as the title or name of the newspaper is changed, then and in every such case the proprietors, printers and publishers shall make, sign, swear and register in the office of the Registrar in the prescribed manner a new affidavit which shall contain all the information required by section 6 to be contained in an affidavit.

8.   Affidavit by company

   When a company is the proprietor, printer or publisher of a newspaper the affidavit required by section 6 shall be made, signed and sworn by the secretary or one of the directors of the company.

9.   Copies of newspapers to be delivered to Registrar

   (1) The printer and publisher of every newspaper printed in Tanzania shall, upon every day which the newspaper is published, at his own expense deliver, or send by registered post to the Registrar a copy of every newspaper so published and a copy of every supplement thereto, if any.

   (2) The copies referred to in subsection (1) shall be of the paper on which the largest number of copies of the newspaper are printed and published, and shall be in the like condition as the copies prepared for sale or distribution.

   (3) The copies delivered to the Registrar under this section shall be kept by the Registrar for the purpose of record in such place or manner, or otherwise dealt with or disposed of in such manner or for such purposes, as the Minister may approve or prescribe.

10.   Return of newspapers to be made to Registrar

   (1) The publisher for the time being of every newspaper printed in Tanzania shall, within fourteen days after the date on which it is first published, and in the month of January in every year thereafter, make, sign and deliver, or send by registered post, to the Registrar a return in the prescribed form in respect of such newspaper.

   (2) If, after any return has been delivered or sent pursuant to the provisions of subsection (1) and before the next succeeding return in respect of the same newspaper is delivered or sent, any change occurs in any of the particulars returned, other than a change in circulation, the publisher for the time being of the newspaper shall, within thirty days of the change occurring, make, sign and deliver, or send by registered post, to the Registrar a return in the prescribed form.

11.   Publication of registration of newspapers

   (1) The Registrar shall cause to be published in the Gazette as soon as may be practicable after registration, all the information required by section 6 to be contained in an affidavit.

   (2) The Registrar shall cause to be published in the Gazette, as soon as conveniently may be after January in each year, a list containing particulars of all registered newspapers remaining on the register at the close of the previous year.

12.   Penalties under Part II

   Any person who–

   (a)   prints or publishes or causes to be printed and published any newspaper printed in Tanzania in contravention of any of the provisions of section 6; or

   (b)   publishes any newspaper printed in Tanzania and fails to comply with any of the provisions of sections 7, 9 or 10; or

   (c)   makes a return under section 10 which he knows to be false or does not believe to be true in any particular,

shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding four years or to both.

PART III
BONDS (ss 13-17)

13.   Minister may require publisher to execute and register bond

   (1) The Minister may by notice in writing require any publisher of a newspaper to execute and register in the office of the Registrar a bond in the prescribed form in such sum as may be specified in the notice with one or more sureties as may be required and approved by the Minister.

   (2) Every bond required under subsection (1) shall be conditioned–

   (a)   for the payment of any monetary penalty that may at any time be imposed or adjudged against the publisher or any person acting for him in his absence upon his conviction for any offence under this Act or under any other written law, committed after the execution of the bond, and relating to the printing or publication of the newspaper or of any matter therein and all costs incidental thereto; and

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