to 1,5 years in prison or a fine of five
million Tsh (2,215 USD) on charges of
“publication of false information” under
the 2015 Cybercrimes Act. The charges
stemmed from comments on Facebook
regarding the procedural issues during
the 2015 elections in Zanzibar. Chacha
Wangwe is the Director of the Law Department of the Tanzania Students’ Networking Programme.”
Analysts have pointed out that the provision of Section 16 violates international
freedom of expression standards. They
further state that it makes the work of
journalist covering current developments unreasonably dangerous; for example when breaking news, facts are
often difficult to verify. Moreover it is often debatable what the truth is of a particular matter and the state should trust
citizens to be capable of reaching their
own conclusions.
Over 20 cybercrime cases were recorded in 2017. With over 20 million
smartphone users in the country, most of
which are ignorant to the contents of the
Cybercrimes Act, the number of victims
of this law keeps on increasing.
The year 2017 saw proposed new online
content regulations which impose heavy
fines and jail terms on bloggers and online platforms for public debate and
whistleblowing, including the hugely
popular Jamii Forums, and whose adoption would therefore be devastating.
The Electronic and Postal Communications (Online Content) Regulations,
2018, were adopted in September
2017, restrict online freedom. According to the regulations, social media users and online content producers are
held liable for materials deemed “indecent, obscene, hate speech, extreme
violence or material that will offend or
incite others, cause annoyance, threaten

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harm or evil, encourage or incite crime,
or lead to public disorder”. Those found
guilty face a fine of 5 million Tanzanian
shillings (USD2, 300), a minimum of 12
months in jail, or both.
The Electronic and Postal Communications (Online Content) Regulations,
2017, passed in September, curtailed
online freedom. The regulations shall
apply to online content including:- (a)
application services licensees; (b) bloggers; (c) internet cafes; (d) online content hosts; (e) online forums; (f) online
radio or television; (g) social media; (h)
subscribers and users of online content;
and (i) any other related online content.
Online content providers are prohibited
to publish, amongst others, indecent
or obscene content, hate speech, and
content defined broadly as that which
“causes annoyance, threatens harm or
evil, encourages or incites crime, or
leads to public disorder”, and “content that may threaten national security or public health and safety”. Those
convicted under the Act are liable to
a fine of a minimum of Tshs 5 million
(USD2250) or a minimum of 12 months
imprisonment, or both.
Towards the end of 2016, police raided
the offices of the website Jamii Forums
and arrested the co-founder Maxence
Melo under the Cybercrimes Act and
the Electronic and Postal Communications Act. He was charged for refusing
to disclose personal information of contributors to his social media platform
who allegedly disclosed sensitive information and for “managing a domain not
registered in Tanzania”. His refusal to
comply with police requests has come
at a price, with his case continuously
being rescheduled. At the time of compiling this report, the case had not yet
been resolved. Jamii Forums is one of
the most popular online whistleblow-

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