THE UNITED REPUBLIC OF TANZANIA
MINISTRY OF INFORMATION , CULTURE & SPORTS
CHARTER FOR THE TANZANIA BROADCASTING SERVICES
………… 2006
CHARTER FOR THE TANZANIA BROADCASTING SERVICES
WHEREAS, the Tanzania Broadcasting Services (herein referred to as TUT, the
Kiswahili acronym of Taasisi ya Utangazaji Tanzania) was established as a public
service broadcaster under the Tanzania Broadcasting Services(Taasisi ya
Utangazaji Tanzania–TUT)(Establishment)Order2002, issued by Government Notice
No.239 published on 14 June 2002 made under the Public Corporations Act 1992;
AND WHEREAS under Section 32 of the Tanzania Communications Regulatory
Authority Act No.12 of 2003, the Authority is required to ensure that there is a
Charter made between TUT and the Minister responsible for Broadcasting;
AND WHEREAS the Authority having consulted with TUT and the Minister
facilitated the preparation of this Charter;
NOW THEREFORE, this Charter declares as follows:-
1.0. TERM OF THE CHARTER
This Charter shall come into force on …………………………… 2006 and shall be
valid for FIVE YEARS.
2.0. THE CHARTER
2.1. The Charter shall apply between and be binding upon the Tanzania
Broadcasting Services (TUT) and the Minister responsible for
Broadcasting.
2.2. The provisions of the Charter shall be enforced by the Authority.
2.3. The Charter shall be published in the Government Gazette and be
revised from time to time.
3.0. MANDATE OF TUT
3.1 TUT is a Public Service Broadcaster with Universal Service Obligations.
3.2 As a Public Service Broadcaster, TUT shall provide a wide range of
programming that reflects Tanzanian attitudes, opinions, ideas, values
and artistic creativity; displays Tanzanian talent in educational and
entertaining programmes; offer a plurality of views, variety of news,
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information and current affairs from a Tanzania perspective; and
uphold national and public interest.
3.3 TUT as a commercial service broadcaster shall provide appealing
content and offer choice to its audience and compete at equal footing
with other broadcasters.
4.0. THE ROLE OF TUT
The role of TUT shall be to promote:-
4.1 national unity;
4.2 cultural identity;
4.3 democratic values, social, justice and human rights; and
4.4 education and learning
5.0. FUNCTIONS OF TUT
The functions of TUT shall be:-
5.1 to provide public, commercial and other Broadcasting services as
provided under the Order;
5.2 to provide such other functions as may be determined by the Minister
from time to time and to do all such other things considered incidental
or conducive to, or consequential upon the attainment of the provision
of broadcasting services to the public; and
5.3 Any other function as provided in TUT’s Strategic Plan.
6.0. CORE VALUES OF TUT
In the discharge of its functions, exercise of its powers and implementation
of its obligations TUT shall:-
6.1 be independent;
6.2 be innovative;
6.3 maintain quality;
6.4 maintain fairness;
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6.5 be objective and balanced; and
6.6 be original
7.0. SCOPE AND OBLIGATIONS OF TUT
7.1 The Provision of Public Service Broadcasting
7.1.1 Upon application to the Authority the latter will issue a licence
to the same for public broadcasting services
7.1.2 TUT, as a Public Service Broadcaster shall:-
7.1.2.1 deliver core public purposes and serve the widest
range of audience and interest;
7.1.2.2 provide a wide range of programmes that reflect
values, aspirations and expectations of the general
public;
7.1.2.3 provide full national coverage and promote universal
access to its services; and
7.1.2.4 forge partnership with other media on issues of social
development.
7.2 The Provision of Commercial Service Broadcasting
7.2.1 Upon application by TUT ad meeting the necessary
requirements the Authority will issue a licence to the same for
commercial broadcasting services.
7.2.2 To realize commercial objectives, TUT shall develop a broad
marketing strategy targeting at setting up commercial channels,
promoting commercial programming and addressing the
following:-
7.2.1.1 To provide a wide range of programmes that appeal to
audience;
7.2.1.2 To provide full national coverage and promote choice
and diversity;
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7.2.1.3 To collaborate with other media in broadcasting
production;
7.2.1.4 To ensure there is fair trading in the provision of
broadcasting services;
7.2.1.5 To provide value added services to its audience;
7.2.1.6 To distribute broadcasting services by using other
platforms;
7.2.1.7 To carry out research and development towards
improvement of Broadcasting technology, products
and services.
7.3 Undertaking Commercial Activities
7.3.1 To make use of archives materials for income generation.
7.3.2 To carry out broadcasting consultancy services.
7.3.3 To lease transmission facilities to other broadcasters.
7.4 Editorial Obligation and Independence
7.4.1 In conducting its public service broadcasting functions and
particularly programming, TUT shall adhere to core editorial
values namely; equality, editorial independence, national unity,
diversity, human dignity, gender balance, accountability and
transparency.
7.4.2 TUT shall have the editorial responsibility to provide consistent,
relevant, useful and high-quality programming including
information and analysis.
7.4.3 TUT shall strive to serve the public with the highest standards
of excellence and integrity.
7.5 Production of Radio and TV Programmes
7.5.1 In House production
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TUT shall produce and air local programmes constituting not
less than 70% of the total programming.
7.5.2 Independent production
TUT shall commission independent producers to produce
programmes and submit the same to TUT contributing up to
20% of the total programming.
7.5.3 Foreign Programme
TUT may procure or acquire foreign programmes particularly,
educational and documentaries and other programmes including
soaps, films, sports, games and music which shall constitute not
more than 10% of the total programming.
7.6 Programming and Scheduling
TUT shall adhere to the set programme schedule. Any programme
necessitating temporary rescheduling shall be communicated to the
public in advance.
8.0 THE GOVERNMENT’S OBLIGATIONS
The obligations of the Government shall include:-
8.1 funding of the public Broadcasting services of the TUT;
8.2 facilitating the discharge by TUT of the Universal Service Obligation;
including investing in broadcasting equipment and technology;
8.3 facilitating capacity building of TUT’s staff; and
8.4 honouring and promoting the independence of TUT from political
interference of its editorial independence.
9.0 GOVERNANCE AND ACCOUNTABILITY
9.1 Governance of TUT
9.1.1 TUT’s Board of Directors
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The highest governing body of TUT shall be the Board. The
main functions of the Board shall be
9.1.1.1 To issue Policy directions;
9.1.1.2 To determine TUT’s Strategic Plan ;
9.1.1.3 To monitor TUT’s compliance with agreements entered
with other parties;
9.1.1.4 To approve mechanism for handling and resolving
viewers and listeners complaints made against TUT;
9.1.1.5 To monitor TUT performance;
9.1.1.6 To appoint Committees of its members and other
persons for such purposes as the Board may deem fit;
9.1.1.7 To appoint the Deputy Managing Director and Senior
Officers of TUT; and
9.1.1.8 To carry out any other functions as directed by the
Minister for the purpose of performance of public
service broadcasting.
9.1.2 TUT’s Management:
9.1.2.1 TUT shall be managed in its day to day activities by
the Managing Director who shall be the Chief
Executive and coordinating officer assisted by the
Deputy Managing Director, Directors and Heads of
Units and sections.
9.1.2.2 The Managing Director shall be appointed by the
President;
9.1.2.3 Other Officers will be appointed by the board
9.1 Accountability
9.2.1 Auditing of Accounts:
The accounts of TUT shall be audited annually by the Controller
and Auditor General or such other person registered as an
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auditor and approved by the Controller and Auditor General
pursuant to the Order.
9.2.2 Annual Reports:
9.2.2.1 TUT shall, every year, prepare an Annual Report of its
activities during the preceding financial year or residue
part thereof of the TUT and attach thereto an Account
or Accounts of the Income and Expenditure of the TUT
and balance sheet, which account or accounts and
balance sheet shall be duly certified by the Auditor(s)
of the TUT.
9.2.2.2 The Managing Director shall, within three months after
the end of each financial year, submit or cause to be
submitted to the Board an annual report in respect of
the year, pursuant to the Order.
9.2.2.3 The Board shall submit to the Minister who in turn
shall lay before the National Assembly a copy of the
annual report pursuant to the Order.
9.2.3 Workers Council:
9.2.3.1 There shall be a workers council established under the
TUT’s Financial and Staff Regulations.
9.2.3.2 The workers council shall meet twice annually to
discuss matters related to the day to day activities of
TUT.
9.3 Relationship with the Minister
9.3.1 TUT is owned by the Government and Minister responsible for
broadcasting is the political commissar and custodian of the
TUT.
9.3.2 The functions of the Minister shall be to:-
9.3.2.1 facilitate the provision of TUT’s budget for public
broadcasting services.
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9.3.2.2 appoint all members of the Board and on his
recommendation the appointment of the Chairperson
by the President.
9.3.2.3 approve sale, exchange, lease, mortage, enfranchise
or disposal of property acquired out of moneys
appropriated by Parliament or paid out of grants.
9.3.2.4 approve borrowing, raising or securing the payment of
moneys upon any property, interest or right acquired
from moneys appropriated by the Parliament or paid
out of grants.
9.3.2.5 ensure that moneys from the approved budget of the
TUT are disbursed in a timely manner and as
approved.
9.3.2.6 carry out any other function as provided in the Order
or any other provision of the law to that effect.
9.4 Relationship with the Authority:
The Authority shall:
9.4.1 ensure there is a Charter made between the Minister and TUT.
9.4.2 issue licences to TUT for both public and commercial
broadcasting services.
9.4.3 impose penalties on TUT in respect of any contravention of
this Charter, licence condition and regulation issued the Acts..
10 FUNDING OF TUT
10.1 Sources of Funds
The funds of TUT shall consist of:-
10.1.2 Moneys provided by the Government through the Parliament;
10.1.3 Grants or contributions made by persons or organisations for
the purpose of TUT’s functions;
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10.1.4 Fees received from radio and television advertisements;
10.1.5 Moneys received from commercial activities such as
consultancy, lease of any of TUT’s assets or other devices
from which visual images or sound may be produced.
10.2 Funding of Broadcasting Services
10.2.1 For the purpose of Public Broadcasting Services, the
Government shall provide TUT with funds to meet its
obligations for the same.
10.2.2 TUT’s Commercial Broadcasting services may be funded from
moneys received from advertisements or sponsorship by any
person or organisation.
11 DIGITAL TELEVISION DEVELOPMENT
11.1 TUT has a privileged funding position that has to be used to play a
greater role in acceleration of digital switchover.
11.2 TUT shall take advantage of the technological development using
digital technology and broadband to introduce multimedia products
and be a pace setter.
11.3 TUT should be prepared to embrace digital technology and take the
digital world to the public.
11.4 TUT has to strive to accelerate penetration of digital television to
Tanzanian households to ensure that the majority of households
enjoy the service by 2015.
11.5 TUT shall take advantage of technological development to adapt new
platforms of distribution and delivery of content over broadband and
other new delivery platforms.
11.6 TUT should lead the process of digital switchover scheduled for
2006 – 2015 by investing to a fully digital broadcasting service.
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12 INTERNET SERVICES
TUT should establish and maintain a website for the provision of its
programmes, news and current affairs in both Kiswahili and English
languages.
13.0 INTERPRETATION
In this Charter, unless the context otherwise requires:-
13.1 “Act” means the Tanzania Communications Regulatory Authority Act
No.12 of 2003 and broadcasting Services Act No. 6 of 1993 and
Tanzania Communications Act No.18/1993 respectively
13.2 “Authority” means the Tanzania Communications Regulatory Authority.
13.3 “Broadcast Service” means a radio communication service that may
include sound transmission and television transmission which
transmission have political, economic, social and cultural impact and
intended for direct reception by the general public.
13.4 “Charter” means the Tanzania Broadcasting Services Charter, 2006.
13.5 “Commercial Service Broadcasting” means content services provided
by a broadcaster and financed by advertising.
13.6 “Content Services” means service offered for sound, text or images
whether still or moving except where transmitted on private
communication;
13.7 “Independent Producer” means any individual company, corporation,
partnership or sole proprietary body duly registered and licensed in
the United Republic of Tanzania to conduct the business of producing
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films, television or radio programmes or commercials and who has
copyright;
13.8 “Minister” means Minister responsible for broadcasting affairs;
13.9 “Order” means the Tanzania Broadcasting Services (Taasisi ya
Utangazaji Tanzania (TUT) (Establishment) Order,2002;
13.10 Public Service Broadcasting” means content services provided by a
broadcaster financed by public funding.
13.11 Regulations” means Tanzania Communications Regulations,2005 and
Content Services Regulations,2005 respectively.
IN WITNESS whereof, this Charter is signed this ………… day of ……….…… 2006.
by:-
NAME:........................................................
MINISTER OF INFORMATION, CULTURE AND SPORTS
SIGNATURE ……………………………………….
IN THE PRESENCE OF:-
NAME:........................................................
DESIGNATION: …………………………………………..….
SIGNATURE …………………………………………………….
AND
NAME:........................................................
MANAGING DIRECTOR, TANZANIA BROADCASTING SERVICES
SIGNATURE …………………………………………………….
IN THE PRESENCE OF:-
NAME: ...............................................................
DESIGNATION: …………………………………………..….
SIGNATURE …………………………………………………….
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