the defence of privilege applies, the Court of Appeal of Tanzania in the case of MAKORY WASSAGA V. JOSHUA MWAIKAMBO AND ANOTHER (1987) TLR 88, among other things had this to say: “…That is so because the law just requires that a privilege should be used honestly not that it should be used carefully” It is a settled principle that, in every right there is responsibility. With that stand it is open that, while the journalist enjoys privilege in reporting the news at the same time they are responsible to make sure that they enjoy such rights while they honestly perform their work. It was Mr. Nkwera learned Advocate’s submission that, according to Section 39 (a) of the Media Service Act, 2016, it is clear that the Publication by the Respondents is privileged because it was a fair publication of what transpired in the Late President Pombe Magufuli’s speech and the Azam news aired on 16th December, 2017. With respect, I distance myself with his assertions as I have already discussed earlier that, what was written is not the same to what was stated and reported in Azam TV. Also, the publication cannot be taken as a fair publication on the facts that, what the Respondents did was to create other allegations and went on to publish without even informing the 27

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