On 4th March 2023, Tanzania National Nurses Association (TANNA) addressed the public with a letter to inform the members of the Association that they will participate in a mediation session at the Tanzania Film Board to discuss ZAHANATI YA KIJIJI (TV Series) which aired at Azam television. TANNA filed their claims to the board and demanded the said Tv series be banned from being broadcasted with immediate effect.
ZAHANATI YA KIJIJI is the most-watched Tv series in the country which is estimated to be followed by more than 4 million subscribers of Azam decoder. (Azam television).
TANNA claimed in their letter to receive anonymously complains from Nurses and members of the profession that the TV Series ZAHANATI YA KIJIJI is containing content that degrades the professionalism of Nursing. Thereafter TANNA decided to file a legal complaint against the TV Series before the Tanzania Film Board.
This claim by TANNA has caused shocks and a bad atmosphere for the Public, Artists, and thereof the Art and Cultural Sector as a whole. It is a fact that the act of TANNA can be conspicuously perceived as an attempt to infringe on Artistic Freedom of Expression. The series is a work of art that only contain artistic expression based on the imagination of the writer and not a piece of public information. The imagination of one can't disgrace another
Thereafter, on 9th March 2023, Tanzania Artists Rights Organization (TARO) decided to respond against TANNA on their attempt to infringe on Artistic Freedom of Expression. TARO came up with issues, in this case, to raise public awareness and show concern. Artistic freedom of expression falls under Cultural rights which are recognized in Tanzania, as the state ratified International Covenant.
In 1976, Tanzania ratified the International Covenant on Economic, Social and Cultural Rights (ICESC) of 1966 as recognition, consideration, and realization of the Universal Declaration of Human Rights. Therefore Article 15 sub-article (3) of ICESCR provides that, “The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.”
Art is part of creative activity; hence the present Covenant recognizes the right of everyone to enjoy artistic freedom.
So far, the enactment of the National Arts Act, No 23 of 1984 was an indication of Tanzania's Government to comply with the present International Covenant for the protection of Cultural Rights as her citizens take part in Cultural life.
Furthermore, it should come to the understanding that Art is one of the so many ways of enjoying the freedom of expression. Freedom of Expression is a major fundamental part of Human Rights which is protected in Article 18 (a) under the Constitution of the United Republic of Tanzania of 1977 as amended from time to time.
Therefore, TARO advised TANNA to withdraw their complaints from Tanzania film Board since the act of determining the complaint jeopardizes the enjoyment of cultural rights. The artist shall imagine and visualize anything to the limits of his thoughts.
Immediately after TARO released their public statement, they were consulted by Mr.Abdul (Film producer of ZAHANATI YA KIJIJI) to seek legal assistance. On 16th March 2023, all parties to the dispute participated in the mediation session at Tanzania Film Board. TARO provided legal representation to the respondent (Mr.Abdul) through Advocate Joshua Msambila. At the mediation Advocate, Joshua Msambila responded to the above-mentioned claims by insisting on the protection of artistic freedom of expression. He urged that the series is just a piece of imaginary thoughts expressed by characters and that actors and actresses were just enjoying their human rights of artistic freedom of expression. Producer took all necessary measures to ensure no one is defamed through declaimer notes and imaginary characters. All parties together agreed that the Tv series should keep on broadcast but it shall add another precaution note which reminds the audience that Tv series is not a reality, it is just a work of art (acting) and nurses are important professionals with positive contributions towards the sustenance of good health in the society. The mediation was supervised by Tanzania Film Board. Therefore the matter was settled successfully and amicably.
TARO celebrates the successful engagement to protect a work of art that has gained popularity, watched, and followed by more than 4 million Tanzanians every week at Azam television the channel of SINEMA ZETU.
But unfortunately, TANNA is still reluctant to accept the notion that Artists should be free to explore their views and ideas through works of art. They kept recommended that all filmmakers in Tanzania shall seek their approval to work in content relating to medical services. It will be a downfall for the enjoyment of Artistic freedom of expression if Tanzania film Board will consider and act upon the recommendation in the film industry. TARO is working to address the matter before the mentioned authority to ensure that TANNA as NGO shall not intervene enjoyment of the Human rights of other citizens.
