Advocacy Update 2025: Progress on Amending the National Arts Act

Dear Cultural Practitioners and Artists,

We are excited to share an important update on our ongoing efforts to advocate for amendments to the National Arts Act No. 23 of 1984 , Tanzania Artists Rights Organization (TARO) held a follow-up meeting with selected members of the Parliamentary Committee on Education, Culture, and Sports in Dodoma. Here’s a detailed breakdown of what was discussed and the next steps in our journey toward legal reform.

Key Issues Addressed in the Meeting

The meeting focused on seven critical areas of the National Arts Act that require urgent amendments to better serve artists and cultural practitioners:

1. Fees and Permits for Artistic Activities

   The *National Arts Act No. 23 of 1984, as amended by the National Arts Council Regulations of 2018, establishes fees and permit requirements for conducting artistic activities. Under these regulations, individuals must obtain a valid permit before engaging in any artistic activity. Additionally, any public artistic gathering requires a separate fee payment.

   
   

   This dual payment structure raises concerns about redundancy and financial burden on artists. Furthermore, these requirements conflict with Tanzania’s obligations under international human rights treaties, particularly:

   - Article 15(1)(a) & 15(3) of the International Covenant on Economic, Social and Cultural Rights (1976), which guarantees the right to participate in cultural life.

   - Article 2(b) of the Cultural Charter for Africa, which upholds cultural rights.

   
   

   The current framework undermines accessibility to artistic expression and should be revised to align with Tanzania’s human rights commitments.

   
   

   Reference:

   - Section 4(1) of the National Arts Act No. 23 of 1984 read together with Section 20 of The Written Laws (Miscellaneous Amendments) (No. 5) Act, 2019.

   
   

2. Criminalization of Unregistered Artists

   The Written Laws (Miscellaneous Amendments) Act No. 5 of 2019 amended the National Arts Act under Section 20, criminalizing artistic activities conducted without registration under the National Arts Council. This provision:

   - Contravenes Article 15(1)(a) of the ICESCR (1976), which protects the right to enjoy cultural life.

   - Creates financial barriers, disproportionately affecting artists unable to afford registration fees.

   - Imposes harsh penalties, including the destruction of artworks and strict disciplinary measures. We recommend decriminalizing unregistered artistic activities, as existing criminal laws sufficiently address misconduct without stifling cultural expression.

   
   

   References:

   - Section 4(1) of the National Arts Act No. 23 of 1984* read with Section 20 of the 2019 Amendments.

   - Section 15(1) read with Section 21(c) of the 2019 Amendments.

   - Section 4(1) read with Section 19(c) of the 2019 Amendments.

   
   

3. Lack of Human Rights Considerations in Artistic Censorship

   The National Arts Council Regulations (2018) provide broad censorship grounds (e.g., "misrepresentation," "incitement," "weakening national unity") without clear due process safeguards. Regulation 25(6) fails to ensure:

   - Legal certainty in censorship criteria.

   - Fair procedures for artists to challenge censorship.

   - Proportionality in restricting artistic freedom.

   
   

   We propose reforms aligning with international standards, such as the *Inter-American Court of Human Rights ruling in The Last Temptation of Christ v. Chile , which mandates that restrictions on expression must:

   • Be **prescribed by law

   • Protect human rights

   • Be necessary in a democratic society (with a legitimate aim and proportionality).

   
   

   Censorship decisions should remain at the ministerial level to avoid judicial overreach while ensuring accountability.

   
   

   References:

   - Section 15(1) read with Section 21(c) of the 2019 Amendments.

   - Section 15(1) read with Section 22 of the 2019 Amendments.

   
   

4. Unclear Role of the National Arts Council

   The National Arts Act grants the Council excessive operational roles (e.g., organizing festivals, awards, and regulating artists), blurring its mandate between regulation and commercial activity. Stakeholders argue the Council should focus on sector development rather than revenue generation.

   
   

   Proposed Reform:

   - Refocus the Council’s functions on policy development, capacity building, and artist support—not administrative control.

   
   

   Reference:

   - Section 4(1)(d) read with Section 19(a)(i) of the 2019 Amendments.

   
   

5. Gender Disparities in Arts Administration

   Despite amendments in 2019, decision-making bodies under the National Arts Act remain gender-blind excluding women from leadership roles. This results in policies that overlook the unique challenges faced by female artists.

   
   

   Proposed Reform:

   - Mandate gender-balanced representation in arts governance structures.

   
   

   Reference:

   - Section 3 of the National Arts Act read with Section 18 of the 2019 Amendments.

   
   

6. Fragmented Regulation of Arts Professions

   The Act artificially segregates film and stage plays from other arts, subjecting them to overlapping oversight by the Tanzania Film Board and BASATA. This creates bureaucratic inefficiencies.

   
   

   Proposed Reform:

   - Unify regulatory frameworks** under the National Arts Council to streamline governance.

   
   

7. Failure to Recognize Digital and Emerging Art Forms

   The Act is outdated in regulating digital art (e.g., VR, AI, NFTs) and digital distribution platforms (e.g., DSPs). Additionally, photographers are misclassified under the Media Act as journalists, neglecting non-journalist artists.

   
   

   Proposed Reforms:

   • 1. Recognize digital art forms and update licensing/permit requirements.

   • 2. Differentiate artistic photographers from media journalists.

   • 3. Expand protections** to include jewelers and other underrepresented artists.

   
   

   Conclusion

   Tanzania’s arts legislation requires comprehensive reforms to:

   - Align with human rights standards**;

   - Reduce bureaucratic barriers**;

   - Embrace digital innovation**;

   - Promote gender equity**;

   - Clarify the National Arts Council’s role**.

   
   

   These changes will foster a more inclusive, progressive, and rights-respecting arts sector.

   
   
   
   

Next Steps

To keep the momentum going, TARO will:

1. Consult with Legal Experts: Engage with senior lawyers experienced in drafting of bills, the Attorney General’s office, the Law Review Commission, and the Ministry of Culture to refine proposed amendments.

2. Establish a Parliamentary Caucus: Build a coalition of MPs to advocate for arts sector reforms.

3. Organize Stakeholder Meetings: Facilitate dialogues between civil society, BASATA, and parliamentary committees.

4. Push for Parliamentary Debate: Ensure the amendments are tabled and discussed in the next parliamentary session.

How You Can Help

- Stay Informed: Follow updates on our [website](http://www.tanzaniaartistsrightsorganization.com/) and social media (Instagram: @taro.tz; Twitter: @taro_tz).

- Join the Movement: Share your experiences and support advocacy efforts. Your voice matters!

- Prepare for the Next Phase: Once elections conclude, we’ll need collective action to ensure these reforms are prioritized.

Final Thoughts

This meeting marked a significant step toward a fairer, more inclusive legal framework for Tanzania’s arts sector. While delays are frustrating, we remain committed to seeing this through. Together, we can create a law that truly supports artists and fosters creativity.

"Stay tuned for more updates, and thank you for standing with us!"

For questions or to get involved, contact TARO at [tarotanzania@gmail.com].