From arrests to milestones: Maxence Melo’s stand for data privacy in Tanzania

Dar es Salaam. In a world where digital privacy is constantly at risk, few individuals have stood as firmly as the Executive Director of JamiiForums, Maxence Melo.

Over the years, Mr Melo, whose brainchild is Tanzania's leading whistleblower platform, has not only defended freedom of expression but has also championed data protection, particularly for journalists and whistleblowers.

His journey has been a long and difficult one, marked by legal battles and arrests, but also by significant victories in safeguarding the right to privacy.

During a virtual session on X Spaces organized by The Citizen on September 12, 2024, as part of the commemoration of the news outlet’s 20-year anniversary, Mr Melo opened up about the challenges he has faced.

He reflected on the moments that shaped his fight for digital freedom and shared his vision for the future of privacy in Tanzania.

“It is widely believed that I was first arrested in 2016, but the reality is that my first arrest came in 2008, during a case that involved the late former Prime Minister Edward Lowassa,” he recounted.

“I was questioned by the Director of Criminal Investigation (DCI) over alleged acts of terrorism. The authorities assumed that everything posted on JamiiForums was my doing, despite the platform being an open space for public discourse.”

At that time, Tanzania had no robust framework for data protection, making it difficult for Melo to navigate the legal landscape. He firmly stood his ground, invoking the Constitution’s provisions on the right to privacy and freedom of expression.

“We at JamiiForums have a duty to protect our whistleblowers. If authorities wanted access to sensitive information, there had to be a legal framework in place,” he added.

This fight for privacy continued for years, culminating in his second arrest in 2016, when he was charged for refusing to disclose user information under the newly enacted Cybercrimes Act.

Mr Melo recalled, “For about five years, we had to go back and forth in court. But the cases finally came to an end in November 2020, marking the beginning of a new chapter in our push for a robust data protection framework.”

Read: Jamii Forums’ Melo to serve one year non-custodial sentence

His perseverance bore fruit in September 2022 when the government tabled the Bill into the Parliament for the Data Protection Act. This was after a submission a Citizen-led Model Bill that was drafted by a loose coalition led by JamiiForums which was submitted to the Government on May 2022. Today, Tanzania has a Data Protection Commissioner and a board tasked with overseeing the enforcement of privacy regulations.

This achievement marked a significant milestone in the country’s digital rights landscape, a journey that started with JamiiForums' commitment to protect the right to privacy as guaranteed by article 16 of the country’s constitution and uphold freedom of expression safeguarded by article 18.

“We managed to push for a citizen-led model bill with over 1,200 signatures from various stakeholders, including state and non-state actors, from both mainland and Zanzibar” he explained. “Now, we have a framework that protects people’s right to privacy and promotes accountability within the digital space.”

For many, JamiiForums has become synonymous with freedom of expression and digital privacy. Mr Melo’s platform has grown into a vital tool for Tanzanians, offering a safe space for whistleblowers and ordinary citizens to voice their concerns anonymously.

Over the past year alone, the platform’s whistleblower tool, ‘Fichua Uovu’ has received over 1,500 submissions. “We are proud to be the voice of the voiceless, amplifying citizen voices and enabling change,” he said.

In addition to safeguarding digital privacy, JamiiForums has been instrumental in fact-checking efforts, particularly during critical periods such as elections.

“Our initiative, Jamii Check, plays a key role in combating misinformation both online and offline. Locally developed solutions like these are essential in amplifying local voices and promoting transparency,” he added.

The struggles that Melo has endured over the years serve as a testament to his unwavering commitment to digital privacy and freedom of expression. His platform has withstood the test of time, even as he faced significant personal and legal challenges.

Today, he looks forward to fostering greater government accountability by collaborating with partners like The Citizen.

“We serve as a platform for the media to gather stories from citizens. We’re the amplifier of citizen voices, and we’ve maintained that role since our inception,” Mr Melo said, highlighting JamiiForums’ symbiotic relationship with traditional media outlets like The Citizen.

Read: Jamii Forums founder Melo dedicates international award win to missing journalist Azory Gwanda

Looking ahead, Melo remains hopeful. “We have made significant strides in protecting the right to privacy, but there is still work to be done. We want to continue being the voice of the youth and the citizens of Tanzania, ensuring that our digital rights are respected and upheld.”