CHAPTER 229
NEWSPAPERS ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    NOTICES

        The Registration of Newspapers

        The Appointment of Deputy Registrar of Newspapers

    OMITTED NOTICES

    ORDERS

        The Importation of Publications (Prohibition) Order

    REGULATIONS

        The Newspapers Regulations

        The Procedure for Trial of Cases of Defamation Regulations

NOTICES

THE REGISTRATION OF NEWSPAPERS

(Regulation 11(2))

G.Ns. Nos.
60 of 1978
61 of 1978
65 of 1978
66 of 1978
152 of 1978
179 of 1978
89 of 1979
30 of 1980
173 of 1980

The under-mentioned Newspapers have been registered under the Newspapers Act * with effect from the seventh March, 1978–

THE APPOINTMENT OF DEPUTY REGISTRAR OF NEWSPAPERS

(Section 3)

G.N. No. 11 of 1980

    1. This Notice may be cited as the Appointment of Deputy Registrar of Newspapers Notice.

    2. The Director of Information Services Division shall be the Deputy Registrar of Newspapers.

OMITTED NOTICES

    The following Notice is hereby omitted:

G.N. No. 8 of 1993    The Newspapers (Prohibition of Publication (Cheka and Michapo)) Notice.

ORDERS

THE IMPORTATION OF PUBLICATIONS (PROHIBITION) ORDER

(Section 27(1))

G.Ns. Nos.
48 of 1966
36 of 1971
285 of 1974
105 of 1976
92 of 1989

    1. This Order may be cited as the Importation of Publications (Prohibition) Order.

    2. The publications set out in the Schedule hereto are hereby prohibited–

SCHEDULE

REGULATIONS

THE NEWSPAPERS REGULATIONS

(Section 53)

G.N. No. 166 of 1977

1.    Citation

    These Regulations may be cited as the Newspapers Regulations.

2.    Application and exclusion

    These Regulations shall apply to every newspaper other than a newspaper in relation to which any notice under section 5(4) of the Act is in force.

3.    Interpretation

    In these Regulations, "Act" means the Newspapers Act *.

4.    Registration

    Every newspaper shall be registered in accordance with these Regulations.

5.    Particulars to be furnished to the Registrar

    (1) In order to effect registration, one of the persons specified in regulation 6 shall furnish, to the Registrar the particulars specified in Form N.A. 1 and N.A. 2 which are set out in the Schedule to these Regulations, and shall also furnish such other particulars (including specimen signatures) of the proprietor, printer, publisher or editor of any newspaper as the Registrar shall in his absolute discretion require, and shall certify the correctness of such particulars and of his own description.

    (2) If there is an office of an Assistant Registrar in the district in which the head office of the newspaper is situated, the particulars required under subparagraph (1) shall be furnished to that office.

6.    Particulars to be furnished by proprietor etc.

    The particulars specified in Form N.A. 1 and the answer to the questionnaire set out in Form N.A. 2 shall be furnished and certified by the proprietor, printer, publisher or editor of the newspaper.

7.    Proprietor, etc., to furnish substituted particulars when a change occurs

    If any change occurs or if any inaccuracy is discovered in any of the specified particulars, the persons named in Regulation 6 shall, within seven days furnish substituted particulars to the Registrar and shall certify the correctness of such substituted particulars and of their description.

8.    Particulars to be furnished by Director etc., in the case of a company or firm

    If the particulars are furnished by a Company the certificate shall be given by a director, manager or secretary of the company, and if the particulars are furnished by a firm the certificate shall be given by a partner of the firm.

9.    Application to be accompanied by copy of the affidavit etc.

    (1) Every application for registration shall be accompanied by a copy of the affidavit which is required under section 6 of the Act and a copy of the Bond in the case of a publisher, who under section 13 of the Act is required to execute and register a bond.

    (2) The affidavit and the bond shall be signed by a proprietor, printer or publisher of the newspaper.

     (3) The form of the affidavit and of the bond shall be as set out on Forms N.A. 3 and N.A. 4 respectively.

10.    Registration of newspaper

    (1) On receipt of the particulars referred to under regulation 5 and upon the applicant fulfilling any other conditions which under these Regulations are required to be fulfilled including the payment of any fees, the Registrar shall, without prejudice to the provisions of regulation 12 register the newspaper.

    (2) Upon the registration of a newspaper, the Registrar shall issue to the applicant a certificate of registration which shall be in the form of Form N.A. 5 which is set out in the Schedule to these Regulations.

    (3) The Registrar shall forward a copy of the certificate to the Regional Director, East African Posts and Telecommunications (Tanzania Region).

    (4) Where the name of a registered newspaper is changed the Registrar, on receipt of any notification to that effect by any of the persons specified in Regulation 6, shall issue another certificate of registration on condition that the certificate then in force is surrendered to him, unless it is lost or is missing and the Registrar is satisfied that it cannot be found.

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    (5) The notification of change of name of a registered paper shall be in Form N.A. 6 set out in the Schedule to these regulations.

11.    Newspaper register

    (1) The particulars furnished in accordance with the provisions of these Regulations shall be kept by the Registrar as a newspaper register or registers of newspapers.

    (2) The Register may amend the newspaper register for the purpose of effecting any alteration or recording any new information as the case may be.

12.    Refusal of registration

    (1) The register shall refuse to register a newspaper when–

    (a)    it appears to him that such newspaper is being or is likely to be used for any purpose prejudicial to, or incompatible with the maintenance of peace, order and good government;

    (b)    he is satisfied and that the application does not comply with the provisions of the Act or any regulations made thereunder;

    (c)    he is satisfied that the newspaper does not exist; or

    (d)    the name under which the newspaper is to be registered–

        (i)    is identical to that of any other existing registered newspaper; or

        (ii)    so nearly resembles the name of such other registered newspaper as, in the opinion of the Registrar, to be likely to deceive the public; or

        (iii)    is, in the opinion of the Registrar, undesirable.

    (2) Where the Registrar refuses to register a newspaper, he shall send to the applicant his notification of such refusal and the notification shall be in the form of Form N.A. 7 set out in the Schedule to these Regulations.

    (3) Any person who is aggrieved by the refusal of the Registrar to register a newspaper may, within twenty-one days or such extended period as the Minister may allow, from the date of such refusal, appeal against such refusal to the Minister and the decision of the Minister on such appeal shall be final.

13.    Publication in the Gazette

    The Registrar shall publish in the Gazette notice of registration or refusal of registration of any newspaper.

14.    Exemption from registration

    (1) Where the Minister grants exemption from registration of any newspaper, the exemption shall be in the form of Form N.A. 8 set out in the Schedule to these Regulations.

    (2) Where the name of an exempted newspaper is changed the Minister, on receipt of any notification to that effect by any of the persons specified in regulation 6 shall issue another certificate of exemption on condition that the certificate then in force is surrendered to him, unless it is lost or is missing and the Minister is satisfied that it cannot be found.

    (3) The Minister may by notice in the Gazette, rescind at any time any exemption from registration granted by him.

    (4) Where the Minister rescinds any registration or exemption from registration granted to any newspaper he shall give notice to the proprietor, printer, publisher or editor of the newspaper, in the form set out in Form N.A. 9 in the Schedule to these Regulations.

    (5) A proprietor, printer, publisher or editor of a newspaper which ceases to be exempted from registration or in relation to which the Minister has rescinded any exemption from registration granted by him, shall, within twenty-one days apply for registration of that newspaper.

15.    Cancellation of registration

    (1) The Minister may by a notice in the Gazette, cancel the registration of any newspaper registered under these Regulations if he is satisfied that the newspaper–

    (i)    is a branch of or is affiliated to or connected with any organisation or group of a political nature, established outside Tanzania; or

     (ii)    is being used or is likely to be used for unlawful purposes or for any purpose prejudicial to or incompatible with the maintenance of peace, order and good government; or

     (iii)    has altered its objects or pursues objects other than the declared objects.

    (2) Before the Minister exercises his powers under this paragraph he shall notify the proprietor, printer, publisher or editor of the newspaper of his intention to do so, and shall afford him with an opportunity to make any representation if any.

    (3) The notification of cancellation shall be in Form N.A. 10 set out in the Schedule to these regulations.

16.    Form N.A. 10 Cessation of existence of a newspaper

    (1) If the Registrar has reason to believe that any registered newspaper or exempted newspaper has ceased to exist as a newspaper, he may publish in the Gazette a notification calling upon the proprietor, printer, publisher or editor of the newspaper to furnish him, within three months of such notification, with proof of its existence as a newspaper.

    (2) If at the expiration of such three months no such proof required under subregulation (1) has been given and the Registrar is satisfied that the newspaper has ceased to exist as a newspaper, a notification to that effect shall be published in the Gazette and the newspaper concerned shall thereupon cease to be a registered or exempted newspaper, as the case may be.

17.    Change of rules, location etc.

    (1) No registered newspaper shall–

    (a)        change–

        (i)    its name or location or postal address;

        (ii)    any provision of its rules or constitution;

        (iii)    any of its objects; or

    (b)    become a branch of or affiliated to or connected with any organisation or group of a political nature established outside Tanzania, without the prior permission, in writing, of the Registrar.

    (2) Any registered newspaper desiring to obtain permission required under subregulation (1) of this regulation shall apply to the Registrar on any of the appropriate forms set out as Forms N.A. 6, 11, 12, 13, 14 and 15 in the Schedule to these Regulations; and thereupon the Registrar shall give notice in writing of his decision to such newspaper.

    (3) The Registrar may refuse any application by a registered newspaper to change its name where the proposed name–

    (a)    is identical to that of any other existing newspaper; or

    (b)    so nearly resembles the name of such other newspaper as, in the opinion of the Registrar, to be likely to deceive the public; or

    (c)    is in the opinion of the Registrar, undesirable.

    (4) The Registrar may refuse any application by a registered newspaper to change any provision of its rules where it appears to him that as a result of such change the society is likely to be used for any purpose prejudicial to or incompatible with the maintenance of peace, order and good government.

    (5) The Registrar may in his discretion refuse any application by a registered newspaper to become a branch of or a group of a political nature established outside Tanzania.

    (6) The Registrar shall, prior to refusing any application, notify his intention to the newspaper concerned and shall give it the opportunity to submit reasons, if any, why the application should not be refused.

    (7) Any newspaper which is aggrieved by the Registrar's refusal to grant any permission, may within twenty-one days or such extended time as the Minister may allow, appeal against such refusal to the Minister.

    (8) Any appeal to the Minister under this regulation and any application for an extension of time within which to lodge such an appeal shall–

    (a)    be in writing and signed by any of the persons mentioned under regulation 6 or under regulation 8;

    (b)    set out the ground upon which the appeal or application is based.

18.    Power to inspect premises

    (1) The Registrar of Newspapers, the Assistant Registrar of Newspapers or any other person authorised by the Minister in writing, may during the hours of business inspect the office, publishing house or printing premises, of a newspaper for ensuring compliance with the provisions of these Regulations.

19.    Power of Registrar to inspect books, records etc.

    The Registrar may require a proprietor, printer, publisher or editor of any newspaper or any of the persons mentioned under regulation 8, to produce within a time to be specified by the Registrar for his inspection–

    (a)    all or any books of accounts relating to the newspaper; and

    (b)    any minutes or written records of the proceedings of any committee or governing or executive body thereof and, where the Registrar so requires, the production of any such books of accounts or minutes or written records,

and if these are not produced within the time specified in such requirement, such newspaper shall be deemed to be in breach of these regulations.

20.    Offences

    (1) It shall be an offence for any person to manage or assist in the management of a newspaper which is not registered and on conviction he shall be liable to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding two years or to both such fine and imprisonment.

    (2) Any person who knowingly allows the publication or printing of an unregistered newspaper, in any place belonging to or occupied by him, or over which he has control shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding five thousand shillings or imprisonment for a term not exceeding one year, or to both such fine and imprisonment.

21.    Presumptions

    In any proceedings under these regulations–

    (a)    where it is proved that a newspaper is in existence, it shall be presumed that such newspaper is a newspaper within the meaning of these Regulations unless the contrary is proved;

    (b)    where it is alleged that a newspaper is unregistered the burden of proving that it is a registered newspaper, or an exempted newspaper, or that an application for registration under regulation 5, has been lawfully made to the Registrar and has not been refused, or that it is not a newspaper shall lie on the person charged;

    (c)    where any books, accounts, writings, lists or proprietors, publishers or list of members in case of a society, seals, banner or insignia of, or relating to, or purporting to relate to, any newspaper are found in the possession of any person, it shall be presumed, until the contrary is proved, to be in existence at the time such books, accounts, writings, list of members, seals, banners or insignia are so found;

    (d)    where any books, accounts, writings, list of proprietors, publishers or list of members, in case of a society, seals, banners or insignia or, or relating to, any newspaper are found in the possession of any person, it shall be presumed until the contrary is proved, that such person assists in the running and management of such newspaper.

22.    Fees

    The fees 1 set out in the third column of Form N.A. 16 (Schedule) to these Regulations shall be charged for the several matters set out opposite thereto in the second column of that Schedule.

SCHEDULE
FORMS

FORM N.A. 1
APPLICATION FOR REGISTRATION

The Newspaper Regulations

(Regulation 5)

FORM N.A. 2
STATEMENT OF PARTICULARS TO SUPPORT AN APPLICATION FOR REGISTRATION

The Newspaper Regulations

(Regulation 5)

All the following questions must be answered before an application will be considered.

FORM N.A. 3
AFFIDAVIT

The Newspaper Regulations

(In accordance with Section 6 of Newspapers Act (Cap. 229))

(Regulation 9(3)

FORM N.A. 4
BOND TO BE GIVEN BY THE PUBLISHERS OF A NEWSPAPER

The Newspaper Regulations

(Section 13(1) of the Newspaper Act (Cap. 229))

FORM N.A. 5
CERTIFICATE OF REGISTRATION

The Newspaper Regulations

(Regulation 10(2))

FORM N.A. 6
NOTICE OF CHANGE OF NAME

The Newspaper Regulations

(Regulation 10(5))

FORM N.A. 7
NOTIFICATION OF REFUSAL TO REGISTER A NEWSPAPER

The Newspaper Regulations

(Regulation 12(2))

FORM N.A. 8
CERTIFICATE OF EXEMPTION

The Newspaper Regulations

(Regulation 14(1))

FORM N.A. 9
NOTIFICATION OF RESCISSION OF REGISTRATION OF EXEMPTION

The Newspaper Regulations

(Regulation 14(4))

FORM N.A. 10
NOTIFICATION OF CANCELLATION OF THE REGISTRATION OF A NEWSPAPER

The Newspaper Regulations

(Regulation 15(3))

FORM N.A. 11
NOTICE OF CHANGE OF DIRECTORS OR OFFICE BEARERS

The Newspaper Regulations

(Regulation 17(2))

FORM N.A. 12
NOTICE OF CHANGE OF REGISTERED OFFICE

The Newspaper Regulations

(Regulation 17(12))

FORM N.A. 13
NOTICE OF CHANGE OF POSTAL ADDRESS

The Newspaper Regulations

(Regulation 17(2))

FORM N.A. 14
APPLICATION FOR PERMISSION TO CHANGE THE NAME OF NEWSPAPER

The Newspaper Regulations

(Regulation 17(2))

FORM N.A. 15
APPLICATION FOR PERMISSION TO CHANGE THE CONSTITUTION OR RULES OF REGISTERED NEWSPAPER

The Newspaper Regulations

(Regulation 17(2))

FORM N.A. 16
FEES

[Fees omitted: Subject to variation. Items for which fees may be levied are listed below.]

The Newspaper Regulations

(Regulation 22)

THE PROCEDURE FOR TRIAL OF CASES OF DEFAMATION REGULATIONS

(Section 57(5))

G.N. No. 92 of 1979

1.    Citation and interpretation

    (1) These Regulations may be cited as the Procedure for Trial of Cases of Defamation Regulations.

    (2) In these Regulations, unless the context otherwise requires–

    "assessing officer" means–

    (a)    in relation to the High Court, the Registrar, any Deputy Registrar or any District Registrar;

    (b)    in relation to the court of a resident magistrate or a district court, the magistrate in charge.

2.    Application

    (1) These Regulations shall apply to every proceeding relating to a suit of a civil nature in respect of any action for libel brought before the court in accordance with the provisions of Part VIII of the Newspapers Act *.

    (2) Every trial of suit to which these Regulations apply shall be conducted with the aid of not less than three competent assessors or such greater number of competent assessors as the court thinks fit, who shall be selected by the court.

3.    Liability to serve as assessor and qualifications of assessors

    (1) Every person who is competent to serve as an assessor in accordance with paragraph (2), other than a person who belongs to any one or more of the categories of exempted persons specified in paragraph (3), shall be liable to serve as an assessor.

    (2) A person is competent to serve as an assessor if it appears to the court–

    (a)    that he is of the apparent age of not less than twenty-one years and not more than sixty years; and

    (b)    that he can read and has a good understanding of Kiswahili or English or both Kiswahili and English; and

    (c)    that he is in all other respects suitable to serve as an assessor.

    In assessing the suitability of a person under subparagraph (c), the court may take into account, among other things, his experience in the publication of newspapers, except that a person shall not be deemed to be competent to serve as an assessor under this paragraph if he has any personal or official relationship with the proprietor, printer or publisher of the newspaper containing the material that gave rise to the suit.

    (3) Without prejudice to paragraph (4), the following persons shall be exempted from serving as assessors–

    (a)    Ministers and Members of the National Assembly;

    (b)    Judges and Magistrates;

    (c)    persons actively performing the duties of ministers of religion or known by any other similar description;

    (d)    medical practitioners and dentists in actual practice, whether practising as employees or in any other capacity;

    (e)    legal practitioners in actual practice, whether practising as employees or in any other capacity;

    (f)    officers and men on full pay in the armed forces of the United Republic;

    (g)    officers of the Police and Prisons Services;

    (h)    persons who are exempted from personal appearance in court under the Civil Procedure Code *;

    (i)    persons disabled by mental or bodily infirmity; and

    (j)    such other persons as the Chief Justice may specify by directions in writing.

    (4) No proceedings shall be invalid by reason only of the fact that a person who is exempted under paragraph (3) has served as an assessor in the proceedings.

4.    Summoning of assessors and form of summons

    (1) The court before which the suit is brought shall, ordinarily not less than fourteen days before the day fixed for the hearing of the suit, summon such number of persons to service as assessors at the hearing of the suit as the court considers necessary.

    (2) In summoning persons pursuant to paragraph (1) and in selecting persons so summoned to serve as assessors pursuant to regulation 2(2), the court shall satisfy itself that they are liable and suitable to serve as assessors in accordance with these Regulations.

    (3) Every summons to a person liable to serve as an assessor shall be in writing and shall require his attendance at a time and place to be specified in the summons.

5.    Objections to summons to serve as assessors and excuse from attendance for assessors

    (1) Any person who has been serviced with a summons under regulation 4 may, if he is of the opinion that he is not liable to serve as an assessor under these Regulations, appear without delay before the court before the date on which his attendance is required and object to the summons, and if the court is satisfied that he is not liable to serve as an assessor it shall rescind the summons and discharge the person from attendance.

    (2) Appearance before the court under paragraph (1) shall be by the person objecting personally, except that in the case of a person objecting by virtue of subparagraph (i) of paragraph (3) of regulation 3 another person who satisfies the court that he is duly authorised to appear may appear on behalf of the person objecting.

    (3) The court may for reasonable cause excuse any assessor from attendance at any particular session and may, if it thinks fit, at the conclusion of any trial direct that the assessors who have served at the trial shall not be summoned to serve again for any period not exceeding twelve months.

6.    List of assessors attending before court

    At each trial of a suit the court shall cause to be kept a list of the names of the persons who have attended as assessors at the trial.

7.    Penalty for non-attendance of assessor

    (1) Any person summoned to attend as an assessor, who, without lawful excuse, fails to attend as required by the summons, or who, having attended, leaves without having obtained the permission of the court, or fails to attend after adjournment of the court after being ordered to attend, shall be liable by order of the court to a fine not exceeding four hundred shillings.

    (2) The fine referred to in paragraph (1) may be levied by the court by attachment and sale of any movable property belonging to the assessor which is within the local limits of the jurisdiction of the court.

    (3) The court may, for good cause shown to its satisfaction, remit the whole or any part of the fine imposed under paragraph (1).

    (4) In default of recovery of any fine imposed under paragraph (1) the assessor may by order of the court be imprisoned as a civil prisoner for a term not exceeding fifteen days, unless the fine is paid before the end of the term of imprisonment.

8.    Absence of assessors and attendance of assessors at adjourned sittings

    (1) If, in the course of a trial with the aid of four or more assessors, at any time before the finding any assessor is from any sufficient cause prevented from attending throughout the trial, or absents himself and it is not practicable to secure immediately his attendance, the trial shall proceed with the aid of the other three assessors.

    (2) If two or more of the assessors are prevented from attending or absent themselves, so as to reduce the number of the assessors attending to less than three, the proceedings shall be stayed and a new trial shall be held with the aid of fresh assessors.

    (3) If the trial is adjourned, the assessors attending shall be required to attend at the adjourned sitting and at any subsequent sitting until the conclusion of the trial.

9.    Assessors to be paid allowances, etc., and assessment fares

    (1) A person summoned to serve as an assessor shall be entitled to be paid–

    (a)    his travelling expenses, at the appropriate rate prescribed in the First Schedule to these Regulations; and

    (b)    allowances for accommodation and subsistence, at the appropriate rate prescribed in the Second Schedule to these Regulations:

    Provided that the assessing officer may in any particular case, if he is satisfied that it is reasonable and proper having regard to prevailing conditions, allow such larger amount as he may think fit, but not exceeding the expenses actually incurred by the person to whom the allowances are payable.

    (2) Where any person is entitled under these Regulations to the amount of any fare in respect of travel by omnibus, train or aircraft, the fare shall be that for the class of travel prescribed in the Third Schedule to these Regulations; and if he had the opportunity of using a Government warrant, the amount of the fare shall be deemed to be the amount of the fare as payable by the Government on the warrant.

FIRST SCHEDULE
TRAVELLING EXPENSES PAYABLE TO ASSESSORS

(Regulation 9(1)(a))

SECOND SCHEDULE
SUBSISTENCE ALLOWANCES PAYABLE TO ASSESSORS

(Regulation 9(1)(b))

THIRD SCHEDULE
CLASSES OF FARE TO WHICH ASSESSORS ARE ENTITLED

(Regulation 9(2))