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this order is communicated. Section 37 of the
Bill reiterates RICA’s prohibition on disclosure.
Section 38(3) (b) (i)-(iv) deals with obligations of
communication service providers. This section
requires service providers to store information of
clients but makes no differentiation for different
categories of information. The vagueness of the
requirement unduly limits the constitutional
right to privacy. Key informants have proposed
that blanket provisions on disclosure and
information sharing should also be reviewed.
This is very important in light of section 14 of the
Constitution, which protects the right to privacy.
This includes the right not to have the privacy
of one’s communications infringed.
Key informants in this study raised concern
about certain provisions which are overbroad
and vague. Other provisions provide too much
power to state security agencies. Concerns have
been raised about particular provisions, which
are framed in ways that suggest that they want
to regulate harmful expression but can easily
be used to limit freedom of expression. The Bill
has provisions inhibiting the production and
circulation of misleading and false news and
information. A closer reading of the Bill suggests
that the State would like to assume the position
of the final arbiter what is deemed as truth or
non-truth. This can easily be abused to limit
freedom of expression and digital activism.
Respondents advocated for the establishment
of a civilian body, which can ensure the powers
granted to state security in the Bill are not abused.
Equally problematic is the part of the bill, which
addresses the issue of information sharing. The
provision requires the Minister of Justice to make
regulations on data sharing. It is not clear how the
information will be stored. In the proposed Bill,
there is no provision made for the destruction of
intercepted data after a certain period.

Cybersecurity and Cybercrime
Laws in the SADC Region

Tanzania
Tanzania gazetted its Cybercrime Act in May
2015. On close reading, it is clear that the
legislation borrows from the SADC Model Law.
Consequently, it has transplanted all the privacyinfringing provisions of the SADC Model Law into
its national legislation. Ever since it was passed,
the Act has been (ab)used by the government to
arrest citizens that used online media to express
criticism of President Magufuli. In this regard,
the Cybercrime Act is perceived more as a tool
to oppress the freedom of expression and the
closely related right to privacy. Similar to the
SADC Model Law, the Cybercrime Act grants the
police force and State security agencies excessive
powers when investigating alleged cybercrimes.
It’s couched in broad and vague language, which
can easily be abused to criminalise online
communications. An example is section 4 of the
Act, which defines the offence of illegal access
as follows, “…person shall not intentionally
and unlawfully access or cause a computer
system to be accessed.” A person commits the
offence by either accessing a computer system,
or causing a computer system to be accessed
by another person. Here, the term “access” is
defined in section 2 of the Act as meaning “entry
to, instruct, communicate with, store data in,
retrieve data from, or otherwise make use of
any of the resources of the computer system or
network or data storage medium”.
Section 6 of the Act criminalises the interception
of data or communication by technical means or
by any other means (i) a non-public transmission
to, from or within a computer system; (ii) a
non-public electromagnetic emission from a
computer system; (iii) a non-public computer
system that is connected to another computer
system. The interception must be “intentionally
and unlawfully”. The Act defines “interception”

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