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The Tanzania Cybercrimes Act of 2015 was enacted by the
National Assembly of Tanzania The National Assembly of Tanzania ( sw, Bunge la Tanzania) and the President of Tanzania of the United Republic make up the Parliament of Tanzania. The current Speaker of the National Assembly is Tulia Ackson, who presides over a unicameral ass ...
in April 2015, and signed into law by the fourth president of the
United Republic of Tanzania Tanzania (; ), officially the United Republic of Tanzania ( sw, Jamhuri ya Muungano wa Tanzania), is a country in East Africa within the African Great Lakes region. It borders Uganda to the north; Kenya to the northeast; Comoro Islands and ...
,
Jakaya Mrisho Kikwete Jakaya Mrisho Kikwete (born 7 October 1950) is a Tanzanian politician who was the fourth president of Tanzania, in office from 2005 to 2015. Prior to his election as president, he was the Minister for Foreign Affairs from 1995 to 2005 under his ...
on 25 April 2015. The law makes provisions for criminalizing offences related to computer systems and Information Communication Technologies; provides for investigation, collection, and use of electronic evidence in
Tanzania Mainland Mainland Tanzania refers to the part of Tanzania on the continent of Africa; excluding the islands of Zanzibar. It corresponds with the area of the former country of Tanganyika. 26 of Tanzania's 31 regions are located on the mainland. Geograph ...
and
Zanzibar Zanzibar (; ; ) is an insular semi-autonomous province which united with Tanganyika in 1964 to form the United Republic of Tanzania. It is an archipelago in the Indian Ocean, off the coast of the mainland, and consists of many small islands ...
except to article 50 which do not operate in Zanzibar. The Law further criminalizes and penalizes a number of cyber activities such as data espionage, publication of
child pornography Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a chi ...
, publication of
pornography Pornography (often shortened to porn or porno) is the portrayal of sexual subject matter for the exclusive purpose of sexual arousal. Primarily intended for adults,
, publication of false, deceptive, misleading or inaccurate information, production and dissemination of
racist Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism ...
and
xenophobic Xenophobia () is the fear or dislike of anything which is perceived as being foreign or strange. It is an expression of perceived conflict between an in-group and out-group and may manifest in suspicion by the one of the other's activities, a ...
material, initiating transmission of or re-transmission of unsolicited messages and violation of intellectual property rights and other types of
cybercrime A cybercrime is a crime that involves a computer or a computer network.Moore, R. (2005) "Cyber crime: Investigating High-Technology Computer Crime," Cleveland, Mississippi: Anderson Publishing. The computer may have been used in committing the ...
s. This law came after significant impacts such as financial loss, fraud and cyber bullying to the public and other stakeholders.


Enforcement

The official statistics about the trend of
cybercrime A cybercrime is a crime that involves a computer or a computer network.Moore, R. (2005) "Cyber crime: Investigating High-Technology Computer Crime," Cleveland, Mississippi: Anderson Publishing. The computer may have been used in committing the ...
s in Tanzania are hard to find but some Tanzania government officials have claimed reduction of the high rate of cybercrime, theft or fraud in the country since the government enacted the legislation in 2015. As a result of the law, statements from government officials in the news media claim that the number of suspected criminals arrested has rapidly increased. However a section of the media and activists have complained that the law gives power to the police than the common citizen


Challenges


Perceived Suppression of Freedom of Expression

Several complaints about the enforcement of Tanzania Cybercrimes law have been expressed by Tanzania civil society groups, scholars development partners, and the opposition parties in Tanzania. Specifically, the opposition
political parties in Tanzania This article lists political parties in Tanzania. The country operates under a dominant multi-party system with the ruling party being in power since the nation attained its independence in 1961. It first governed as the Tanganyika African Natio ...
have voiced their concern about the government's use of the law to suppress the fundamental rights on freedom of expression and using the law to target the opposition political parties. Several instances have been reported on people being arrested for expressing their opinions on social media, for example one citizen deemed to have insulted the
president of Tanzania The President of the United Republic of Tanzania ( sw, Rais wa Jamhuri ya Muungano wa Tanzania) is the head of state and head of government of the United Republic of Tanzania. The President leads the executive branch of the Government of Tanzan ...
through social media. Another case that underscores the perception of suppression of freedom of expression by the government is the arrest and subsequent charging under the Cybercrimes law, of a Tanzanian web based social forum founder for failing to reveal the identities of the commenters on his forum.


Common Citizen's Awareness of the Law

After enacting the law, the government embarked on various awareness campaigns. Despite of the efforts, a common citizen in Tanzania may have heard of the law because several cases frequently feature in the news media. However, the majority of cyber crime incidents go unreported to the police.


Proposals for Review

There have been attempts to challenge parts of the Cybercrimes Act through the courts and through the parliamentary process by several stakeholders. The news media frequently reports about the governments willingness to review the law and come up with future regulations relating to cybercrimes.


References

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External links


Tanzania Cybercrimes Act of 2015
2015 in law Computing legislation Cybercrime Law of Tanzania