A STUDY MANUAL BOOK: CYBER AND COMPUTER RELATED LAWS IN TANZANIA

PHARES J. OSSERE

| TANZANIA
TUMAINI UNIVERSITY DAR ES SALAAM
 TOPIC 1: INTRODUCTION TO CYBER LAW
AND DIGITIZATION.
Cyberlaw, also known as internet law, is a specialised field of law that deals with legal
issues related to the use of the internet, computers, and digital technology. It encompasses a
wide range of legal topics and issues, including but not limited to:

1. Cybercrimes: Cyberlaw addresses crimes committed in cyberspace, such as hacking,

identity theft, online fraud, and the distribution of malicious software. It also deals with
issues related to online harassment, cyberbullying, and the dissemination of illegal content on
the internet.

2. Privacy and Data Protection: Cyberlaw governs the collection, storage, and use of
personal information and data online. It includes regulations and laws aimed at protecting
individuals' privacy and ensuring the secure handling of data, such as the General Data
Protection Regulation (GDPR) in Europe and various data protection laws in different
countries.

3. Intellectual Property: This aspect of cyber law deals with issues related to copyright,
trademark, and patent infringement online. It also addresses digital piracy, file sharing, and
the protection of intellectual property rights in the digital age.

4. E-Commerce and Online Contracts: Cyberlaw governs online transactions, electronic

contracts, and electronic signatures. It sets rules for online businesses and consumers engaged
in e-commerce activities.

5. Cybersecurity: It encompasses legal measures and regulations aimed at ensuring the

security of computer systems, networks, and critical infrastructure. Cybersecurity laws often
require organisations to take measures to protect their data and systems from cyberattacks.
6. Internet Governance: Cyberlaw also addresses issues related to the governance and
regulation of the internet, including domain name registration, internet service provider (ISP)
liability, and issues surrounding net neutrality.

7. Freedom of Expression and Censorship: It deals with the balance between freedom of
expression online and efforts to combat hate speech, misinformation, and online censorship.
This aspect of cyberlaw varies significantly from country to country.

8. Jurisdiction and Cross-Border Issues: As the internet transcends geographical boundaries,

cyberlaw often grapples with questions of jurisdiction and conflicts of laws when illegal
activities occur across different countries.

9. Digital Evidence: Cyberlaw includes rules and procedures for the collection and
admissibility of digital evidence in legal proceedings.

10. Cyber Insurance: It covers the legal and financial aspects of insurance related to cyber
risks and data breaches.

Cyberlaw is a rapidly evolving field due to the continuously changing nature of technology
and its impact on society. Legal professionals specialising in cyberlaw work to develop and
interpret laws and regulations that address the unique challenges posed by the digital age.
These laws aim to protect individuals, organizations, and society as a whole in the digital
realm
 HISTORY OF THE INTERNET

The history of the internet is a complex and fascinating story that spans several decades. It's a
tale of technological innovation, collaboration, and the evolution of communication and
information sharing. Here's a brief overview of the key milestones and developments in the
history of the internet:

1. **Early Precursors (1960s):** The origins of the internet can be traced back to the 1960s
when researchers began experimenting with ways to connect computers over long distances.
The U.S. Department of Defense's ARPANET (Advanced Research Projects Agency
Network) was one of the first networks to use packet-switching technology, which became a
fundamental building block of the internet.

2. **TCP/IP and the Birth of the Internet (1970s):** In the early 1970s, the development of
the Transmission Control Protocol (TCP) and Internet Protocol (IP) by Vinton Cerf and Bob
Kahn allowed different networks to communicate with each other. This laid the foundation
for what we now know as the internet.

3. **The World Wide Web (1980s-1990s):** In 1989, British computer scientist Tim
Berners-Lee invented the World Wide Web (WWW) while working at CERN. The WWW
introduced the concept of hypertext and allowed for easy sharing of information through web
pages. The first web browser, WorldWideWeb (later renamed Nexus), was created in 1990.

4. **Commercialization (1990s):** The 1990s saw the internet transition from a research and
academic network to a commercial one. Internet Service Providers (ISPs) emerged, providing
access to the internet for the general public. The introduction of web browsers like Mosaic
and Netscape made the internet more user-friendly.

5. **Dot-com Bubble (Late 1990s):** The late 1990s saw a period of explosive growth in
internet-related businesses and investments. Many companies with "dot-com" in their names
went public, leading to a speculative bubble that eventually burst in 2000.
6. **Broadband and High-Speed Internet (2000s):** The 2000s saw a rapid expansion of
broadband internet access, enabling faster and more reliable connections. This facilitated the
growth of online services, including streaming media and social networking.

7. **Web 2.0 and Social Media (Mid-2000s):** The concept of Web 2.0 emerged,
emphasizing user-generated content and interactive online experiences. Platforms like
Facebook, YouTube, and Twitter gained prominence and changed the way people
communicate and share information online.

8. **Mobile Internet (Late 2000s-Present):** The advent of smartphones and mobile devices
brought the internet into the palm of people's hands. Mobile internet usage has since become
a dominant force in online activity.

9. **Cloud Computing (2010s):** Cloud computing services, offered by companies like

Amazon Web Services (AWS), Microsoft Azure, and Google Cloud, revolutionized how data
and applications are stored and accessed, making it easier to scale and manage online
services.

10. **Internet of Things (IoT) and 5G (2010s-Present):** The internet has expanded to
include billions of connected devices, from smart thermostats to autonomous vehicles. The
rollout of 5G networks promises even faster and more reliable internet connectivity.

11. **Challenges and Concerns (Ongoing):** The internet has faced various challenges,
including issues of privacy, cybersecurity, and the spread of disinformation. These challenges
continue to evolve as the internet's role in society grows.

Today, the internet is used by billions of people around the world. It has
revolutionized the way we live and work, and it continues to evolve rapidly. Here are
some of the key milestones in the history of the internet:

● 1969: ARPANET was launched, connecting four universities in the United

States.
 ● 1973: ARPANET expands to include international connections.
● 1983: ARPANET adopts the TCP/IP suite of protocols.
● 1989: Tim Berners-Lee invents the World Wide Web.
● 1993: The first web browser, Mosaic, is released.
● 1995: Netscape Navigator is released, becoming the most popular web
browser.
● 1998: Google is founded.
● 2000: The dot-com bubble bursts.
● 2001: Wikipedia is launched.
● 2004: Facebook is launched.
● 2005: YouTube is launched.
● 2006: Twitter is launched.
● 2007: The iPhone is released.
● 2010: Instagram is launched.
● 2011: Snapchat is launched.
● 2016: TikTok is launched.

The history of the internet is a dynamic and ongoing story, with new developments and
innovations constantly shaping its future. It has transformed the way we communicate, work,
shop, and access information, making it one of the most significant technological
advancements in human history.

DIGITIZATION

Digitization refers to the process of converting analog information or data into a digital
format. It involves representing information in a binary (0s and 1s) format that can be stored,
processed, and transmitted electronically by computers and other digital devices. Digitization
has had a profound impact on various fields, including communication, information storage
and retrieval, media, and more. Here are some key aspects of digitization:
1. **Conversion:** The primary step in digitization is converting analog data into a digital
form. This can involve scanning printed documents, digitizing images and audio recordings,
or using sensors to capture data in digital format.

2. **Binary Representation:** Digital data is represented using binary digits (bits), which can
have values of either 0 or 1. By arranging these bits in specific patterns, information of all
types can be encoded digitally.

3. **Storage:** Digitized data can be easily stored in digital storage devices such as hard
drives, solid-state drives, and optical discs. This allows for efficient and compact data
storage.

4. **Processing:** Digital data can be processed, manipulated, and analyzed by computers

and software programs. This enables various forms of data analysis, from simple calculations
to complex data modeling.

5. **Transmission:** Digitized data can be transmitted over networks, including the internet,
using digital communication protocols. This enables rapid and efficient sharing of
information over long distances.

6. **Search and Retrieval:** Digital data can be indexed and searched using keywords and
algorithms, making it easier to find specific information within large datasets. This is
particularly valuable in the context of digital libraries and databases.

7. **Reproduction and Replication:** Digital data can be easily copied and replicated
without any loss of quality, making it ideal for distributing content and information widely.

8. **Preservation:** Digital formats can be more durable than analog formats in some cases,
but they also require ongoing maintenance to prevent data loss due to format obsolescence
and degradation of digital storage media.
Digitization has transformed many aspects of modern life. It has revolutionized industries
such as publishing, entertainment, healthcare, education, and government by making
information more accessible, portable, and easily shareable. Additionally, it has enabled
innovations in fields like artificial intelligence, data analytics, and virtual reality, as these
technologies rely on digital data for their operation.

Sources of Cyber Law in Tanzania

Tanzania had enacted several laws and regulations related to cyberlaw and cybersecurity to
address various aspects of digital technology, the internet, and cybercrimes. The following
are some key sources of cyber law in Tanzania:

1. The Electronic and Postal Communications Act, 2010 (EPOCA): This law regulates
electronic communications, including telecommunications and online services. It contains
provisions related to licensing, data protection, and cybersecurity.

2. The Cybercrimes Act, 2015: This law specifically addresses cybercrimes in Tanzania. It
defines various cybercrimes, such as hacking, identity theft, and online fraud, and prescribes
penalties for offenders.

3. The Tanzania Information Security Policy, 2016: While not a law, this policy provides
guidance on information security measures and practices for government institutions and
other organisations in Tanzania. It plays a crucial role in enhancing cybersecurity within the
country.

4. The Data Protection Act, 2019: This legislation governs the processing and protection of
personal data in Tanzania. It sets out the rights and responsibilities of data subjects and data
controllers and includes provisions related to data security.

5. The Electronic Transactions Act, 2015: This law recognizes the legal validity of
electronic transactions and digital signatures in Tanzania. It establishes a legal framework for
electronic commerce and contracts conducted online.
6. The Tanzania Communications Regulatory Authority (TCRA): TCRA is the
regulatory body responsible for overseeing and enforcing various aspects of
telecommunications and electronic communications, including aspects related to cyberlaw.

7. Tanzania Penal Code: Some aspects of cybercrimes are covered under the Penal Code of
Tanzania. For instance, unauthorised access to computer systems can be considered an
offence under this code.

8. International Treaties and Agreements: Tanzania may also be a party to international

agreements and conventions related to cybercrime and cybersecurity. These treaties may have
an impact on how cybercrimes are handled within the country.
 TOPIC 2 : CYBER RIGHTS, SPEECH HARM AND DEFAMATION

Cyber rights

Cyber rights, also known as digital rights or online rights, refer to the basic rights and
freedoms that individuals have in the context of the digital or online environment. These
rights are essential for protecting individuals' privacy, freedom of expression, access to
information, and overall well-being in the digital age. Cyber rights are an extension of
traditional human rights into the digital realm. Here are some key cyber rights.

1. Freedom of Expression: Individuals have the right to express their opinions and ideas
freely online, just as they do offline. This includes the right to freedom of speech, the press,
and creative expression in digital spaces.

2. Privacy: As it is provided by The Personal DAta Protection Act 1, and also enshrined
under article 16 of the URT Constitution , people have the right to control their personal
information and data online. This includes the right to know how data is collected and used,
the right to consent to data processing, and the right to have personal data protected from
unauthorised access and abuse.

3. Access to Information: Everyone has the right to access information online, including
public information and educational resources. Digital access to information is crucial for
education, civic participation, and personal development. In Tanzania, we have Access to
information Act2 This law provides for access to information, it defines the scope of
information which the public has the right to access, and further promotes transparency and
accountability of information holders.

4. Net Neutrality: Net neutrality is the principle that internet service providers should treat
all online data equally, without discriminating or charging differently based on content,
source, or user. It ensures equal access to online content and services.
1 Act 10 of 2022
2 Act No. 6 of 2016
5. Digital Security: Individuals have the right to secure and protect their digital
communications and data. This includes the right to use encryption tools and secure methods
of communication.

6. Protection from Online Harassment and Cyberbullying: Individuals have the right to
be protected from online harassment, cyberbullying, and other forms of online abuse that can
harm their well-being.

7. Freedom from Unlawful Surveillance: People have the right to be free from unwarranted
government surveillance and other forms of invasive monitoring of their online activities.

8. Anonymity and Pseudonymity: Individuals have the right to use online services and
platforms without revealing their true identity when it's not necessary. Anonymity and
pseudonymity can be crucial for privacy and freedom of expression.

9. Digital Access and Inclusion: Access to the internet and digital resources should be
equitable, and efforts should be made to bridge the digital divide to ensure that everyone can
participate in the digital society.

10. Digital Literacy: People have the right to access education and resources to develop
digital literacy skills, enabling them to navigate the digital world safely and effectively.

These cyber rights are recognized and protected to varying degrees in different countries and
legal systems. They are essential for maintaining a free, open, and secure digital environment
that empowers individuals and promotes democracy and human rights in the digital age.
However, the realisation and protection of these rights can be subject to legal, political, and
technological challenges. Therefore, advocacy and awareness efforts are ongoing to
safeguard and expand cyber rights worldwide.
 CYBER RIGHTS IN TANZANIA

Tanzania has certain laws and regulations that touch on aspects of cyber rights, particularly in
the context of internet usage and digital communication. However, it's important to note that
the legal landscape related to cyber rights and internet governance can change over time.
Therefore, for the most current and detailed information, it's advisable to consult legal experts
and official government sources in Tanzania. Here are some key aspects related to cyber
rights in Tanzania:

1. Freedom of Expression: The Tanzanian constitution includes provisions related to

freedom of expression, which can extend to online speech and communication. However,
there have been concerns about restrictions on freedom of expression in recent years,
including actions taken against journalists and online content creators. In Tanzania freedom
of speech is provided under Article 18 of the Constitution3. This article guarantees every
person the right to freedom of expression , but also the right to seek, receive and impart
information.

2. Privacy and Data Protection: Tanzania has laws related to data protection, including the
Data Protection Act, 2019. This legislation governs the collection, processing, and protection
of personal data, which is an important aspect of online privacy.

3. Cybersecurity: Tanzania has taken measures to address cybersecurity concerns, including

the enactment of the Cybercrimes Act, 2015. This law deals with various cybercrimes and
includes provisions for the protection of critical information infrastructure.

4. Access to Information: Access to information online is essential for ensuring that

individuals have the ability to access knowledge and participate in civic activities. Tanzania
has laws related to access to government information, which may have relevance in the
digital context.

3 CAP 2 of R.E 2010

5. Internet Governance: Tanzania is a member of various international organizations and
bodies related to internet governance. These organizations can influence policies and
regulations related to internet rights and governance within the country.

6. Digital Literacy and Inclusion: Promoting digital literacy and ensuring digital inclusion
are important aspects of ensuring that all citizens can benefit from the digital age. Tanzania
has taken steps to expand internet access and promote digital skills.

7. Content Regulation: Tanzania has laws and regulations related to content regulation,
which can affect freedom of expression online. It's important to be aware of these regulations
when engaging in online communication and content creation.

It's worth noting that the enforcement and interpretation of these laws and regulations can
vary, and there have been concerns about restrictions on freedom of expression and digital
rights in Tanzania in recent years. Therefore, individuals and organisations should stay
informed about the evolving legal and regulatory landscape related to cyber rights in the
country.

SPEECH HARM

"Speech harm" is a term used to describe various forms of harm or negative consequences
that can result from speech or communication, particularly in the context of freedom of
speech and legal discussions. It encompasses a wide range of potential harms that can arise
from spoken or written words, including but not limited to:

1. Defamation: Speech that harms a person's reputation by making false statements about
them can lead to defamation claims. Defamation includes both oral (spoken) and written
(published) statements that can damage an individual's or entity's reputation.
2. Incitement to Violence: Speech that directly encourages or incites violence or criminal
behaviour can lead to physical harm or damage to property. Incitement to violence is often
not protected as free speech.

3. Hate Speech: Hate speech involves speech that targets a particular group of people based
on characteristics such as race, religion, ethnicity, gender, or sexual orientation, with the
intention of promoting discrimination, prejudice, or violence against them. Hate speech can
cause harm by fostering hostility and violence.

4. Harassment and Cyberbullying: Repeated harmful speech, threats, or online harassment

can cause emotional distress and harm to individuals. Cyberbullying, in particular, can lead to
severe psychological harm.

5. Privacy Invasion: Disclosure of private or sensitive information, such as personal photos

or confidential data, without consent can harm an individual's privacy and security.

6. False Information and Misinformation: The spread of false information or

misinformation can cause harm by misguiding individuals, leading to incorrect decisions, and
contributing to public confusion and panic during crises.

7. Intentional Infliction of Emotional Distress: In some cases, speech that is intentionally

designed to cause emotional distress to someone can be considered harmful.

It's important to note that the concept of "speech harm" is often weighed against the principle
of freedom of speech. Balancing the protection of free speech with the prevention of harm is
a complex and nuanced issue that varies by jurisdiction and legal context. In many legal
systems, speech is protected as a fundamental right, but there are limitations on speech when
it directly leads to harm, such as incitement to violence or defamation.

The boundaries of what constitutes speech harm and the legal remedies available for
addressing it can vary widely depending on the legal and cultural norms of a particular
society or jurisdiction. Legal systems and societies often grapple with striking a balance
between protecting freedom of expression and preventing harm caused by speech.

SPEECH HARM IN TANZANIA

In Tanzania, as in many countries, there are legal provisions and regulations that address
various forms of speech harm, including defamation, hate speech, incitement to violence,
and other offences related to speech. Here are some key aspects related to speech harm in
Tanzania:

1. Defamation: Defamation is addressed under Tanzanian law, and individuals can pursue
legal action if they believe their reputation has been unjustly harmed by false statements
made about them. Defamation can take the form of either slander (spoken defamation) or
libel (written defamation). To make a successful defamation claim, a plaintiff typically needs
to demonstrate that the statement is false, was published to a third party, has caused harm to
their reputation, and was made negligently or with intent to harm.

2. Hate Speech: Tanzania, like many countries, has laws aimed at addressing hate speech.
Hate speech laws are designed to prevent speech that promotes discrimination, hostility, or
violence against individuals or groups based on characteristics such as race, religion,
ethnicity, gender, or sexual orientation.

3. Incitement to Violence: Speech that directly encourages or incites violence or criminal

behaviour can be considered illegal in Tanzania. Incitement to violence can lead to criminal
charges and penalties.

4. Cybercrimes Act: Tanzania has the Cybercrimes Act, 2015, which addresses various
forms of cybercrimes, including offences related to harmful online speech, such as
cyberbullying and harassment. The Act includes provisions for prosecuting individuals who
use digital platforms to harm others through false statements, threats, or harassment.
5. Media Regulation: Tanzania has regulatory bodies, such as the Tanzania Communications
Regulatory Authority (TCRA), responsible for overseeing media and communication,
including the broadcast and print media. These bodies may have guidelines and regulations
that govern speech in the media.

6. Freedom of Expression: While Tanzania recognizes the right to freedom of expression in

its constitution, concerns have been raised about restrictions on this right in recent years.
Some critics argue that there have been limitations placed on freedom of expression,
including actions taken against journalists and media outlets.

It's important to note that the interpretation and enforcement of these laws can vary, and legal
cases involving speech harm may have different outcomes depending on various factors,
including the specific circumstances and evidence presented.

For the most up-to-date information on speech harm and its legal implications in Tanzania, it
is recommended to consult legal professionals and organizations focused on human rights and
freedom of expression within the country. Additionally, understanding the evolving legal
landscape and seeking legal advice when necessary is crucial to navigate issues related to
speech harm in Tanzania.

DEFAMATION

Defamation is a legal term that refers to a false statement or communication made orally
(slander) or in writing (libel) that harms the reputation of an individual, business,
organisation, or other entity. Defamation involves making false statements about someone
that injure their reputation by presenting them in a false or negative light. To be considered
defamation, the statement must meet certain criteria, including:
1. Falsity: The statement must be false or misleading. Truth is generally a complete defense
against defamation claims. If a statement is accurate, it is not considered defamatory.

2. Publication: The false statement must be communicated to a third party. It doesn't need to
be widely published; sharing it with just one person other than the subject of the statement
may be sufficient.

3. Harm to Reputation: The false statement must harm the reputation of the person or entity
it is about. This harm can be in the form of damage to reputation, economic losses, or
emotional distress.

4. Negligence or Intent: Depending on the jurisdiction, the person making the defamatory
statement may need to have acted negligently or with actual malice, meaning they knew the
statement was false or acted with reckless disregard for its truth or falsity.

5. Unprivileged Statement: In some cases, certain statements are protected by legal

privileges, such as statements made in court proceedings or by legislators during debates.
These statements are typically immune from defamation claims.

It's important to note that defamation laws vary from one jurisdiction to another, and what
constitutes defamation in one place may not be the same in another. Additionally, some
countries have stricter defamation laws than others, and the burden of proof may differ. In
many cases, public figures, such as politicians or celebrities, may need to prove that a
defamatory statement was made with actual malice, which can be a higher standard to meet.

Defamation laws are designed to strike a balance between protecting an individual's

reputation and upholding the principles of freedom of speech and the press. As a result,
defamation cases can be complex and require careful consideration of the specific facts and
circumstances involved. Legal advice from an attorney with expertise in defamation law is
typically sought when pursuing or defending against a defamation claim.
 DEFAMATION IN TANZANIA

Defamation laws in Tanzania, like in many countries, provide legal remedies for individuals
who believe that their reputation has been unjustly harmed by false statements made about
them. Defamation can take the form of both spoken (slander) and written (libel) statements.
Here are some key points to understand about defamation in Tanzania:

1. **Elements of Defamation:** To establish a defamation claim in Tanzania, a plaintiff

generally needs to demonstrate the following elements:

- **False Statement:** The statement in question must be false or misleading. Truth is

usually a complete defense against defamation claims.

- **Publication:** The false statement must be communicated to a third party, someone

other than the person making the statement (defendant) and the person being talked about
(plaintiff).

- **Harm to Reputation:** The false statement must have harmed the reputation of the
person being talked about. This harm can take various forms, including damage to one's
reputation, economic losses, or emotional distress.

- **Negligence or Malice:** Depending on the jurisdiction, the plaintiff may need to

demonstrate that the defendant acted negligently or with actual malice, meaning they knew
the statement was false or acted with reckless disregard for its truth or falsity.

2. **Defamation Lawsuit Process:** If someone believes they have been defamed in

Tanzania, they may choose to pursue a defamation lawsuit in court. The legal process
involves filing a complaint, presenting evidence, and potentially seeking damages or other
remedies.

3. **Defenses to Defamation:** Defamation laws typically include various defenses that

individuals can use to counter defamation claims. These defenses may include truth as an
absolute defense, privilege (certain statements made in specific contexts may be protected),
and fair comment or opinion.

4. **Statute of Limitations:** In Tanzania, there is typically a time limit within which a

defamation lawsuit must be filed. This time limit can vary depending on the specific
circumstances and the jurisdiction, so it's important to consult with legal professionals for
guidance.

5. **Public Figures:** In some cases involving public figures, such as politicians or

celebrities, the legal standard for proving defamation can be higher. Public figures may need
to demonstrate that the false statement was made with "actual malice," meaning the defendant
knew the statement was false or acted with reckless disregard for the truth.

It's important to note that the legal specifics of defamation can vary based on the jurisdiction
within Tanzania and the particular circumstances of the case. Additionally, the enforcement
and interpretation of defamation laws may evolve over time.

If you believe you have a defamation case in Tanzania or are facing a defamation claim, it is
advisable to seek legal counsel from an attorney experienced in defamation law in Tanzania.
They can provide guidance on the specific legal requirements and potential remedies in your
case.

TOPIC 3: E- COMMERCE AND TAXATION

WHAT IS E- COMMERCE
E-commerce, short for "electronic commerce," refers to the buying and selling of goods,
services, or information using the internet or other electronic means. It involves conducting
commercial transactions online, and it has become a significant and rapidly growing sector of
the global economy. E-commerce can take various forms, including online retail stores,
online marketplaces, digital payment systems, and more. Here are some key aspects of e-
commerce:

E- COMMERCE IN TANZANIA

Recently, e-commerce has been gaining momentum in Tanzania, driven by increased internet
penetration and the growing use of smartphones. Here are some key points about e-commerce
in Tanzania based on information available at that time:

1. Online Retail: This is perhaps the most common form of e-commerce. Online retailers sell
a wide range of products directly to consumers over the internet. Customers browse product
listings, add items to their virtual shopping carts, and make payments online. Examples
include Amazon, eBay, kikuu, kupatana.com and online clothing stores.

2. Online Marketplaces: These are platforms that connect multiple sellers (individuals or
businesses) with buyers. Marketplaces facilitate transactions and provide a space for sellers to
list their products or services. Examples include Kupatana.com, jijiletu and Airbnb (for short-
term lodging).

3.Digital Products and Services: E-commerce is not limited to physical goods. Many
businesses sell digital products and services online, such as software, ebooks, music,
streaming video, and online courses. example include audiomack, boomplay etc.

4.Subscription Services: Some e-commerce businesses operate on a subscription model,

where customers pay regularly (e.g., monthly or annually) to access products or services.
Examples include streaming services like Netflix and subscription boxes for various products,
mange kimambi app and the like.
6. Mobile Commerce (M-commerce): With the proliferation of smartphones and mobile
apps, many e-commerce transactions occur on mobile devices. Customers can shop, make
payments, and track orders using mobile apps eg. Tigopesa App, Airtel Money App,
Vodacom App, CRDB App etc.

LEGAL FRAMEWORK ON E-COMMERCE IN TANZANIA

Recently Tanzania has taken steps to regulate e-commerce through various laws and
regulations. However, please note that the legal landscape can change, and new laws may
have been enacted or existing ones may have been amended since then. Here are some key
laws and regulations that were relevant to e-commerce in Tanzania at that time:

1. The Electronic and Postal Communications Act, 2010 (EPOCA): This act regulates
electronic communications, including telecommunications and online services. It provides a
legal framework for e-commerce activities, including licensing requirements for service
providers.

2. The Electronic Transactions Act, 2015: This law recognizes the legal validity of
electronic transactions and digital signatures in Tanzania. It establishes the legal framework
for electronic commerce and electronic contracts, making e-commerce transactions legally
binding.

3. The Consumer Protection Act, 2015: While not specific to e-commerce, this act includes
provisions aimed at protecting consumers in various transactions, including online purchases.
It sets standards for product quality, advertising, and dispute resolution.

4. The Cybercrimes Act, 2015: This legislation addresses various forms of cybercrimes,
including online fraud and hacking, which are relevant to e-commerce security. It includes
provisions to combat cybercrimes that can impact online businesses.
5. Data Protection and Privacy Regulations: Tanzania has started to develop data
protection and privacy regulations to govern the collection, processing, and protection of
personal data, which is significant for e-commerce platforms handling customer data. The
Data Protection Act, 2019, is one such regulation.

6. **Competition Laws:** Tanzania's competition laws may apply to e-commerce, especially

regarding issues like anti-competitive practices, mergers, and acquisitions in the e-commerce
sector.

7. **Customs and Taxation Regulations:** E-commerce businesses may need to adhere to

customs and taxation regulations, including import/export duties and value-added tax (VAT)
for goods sold online.

9. **Regulatory Authorities:** The Tanzania Communications Regulatory Authority

(TCRA) plays a significant role in regulating telecommunications and electronic
communications, which are central to e-commerce.

10. **Local Government Regulations:** Local government authorities may have specific
regulations or licenses related to business activities, including e-commerce, depending on the
region or municipality.

It's essential for businesses engaged in e-commerce activities in Tanzania to understand and
comply with these laws and regulations. Additionally, businesses should stay updated on
legal developments and seek legal counsel or regulatory guidance as needed to ensure
compliance with the evolving legal landscape related to e-commerce in Tanzania.

TAXATION

Taxation is the process by which governments collect money from individuals and businesses
to fund public expenditures and services. Taxes are a primary source of government revenue
and are used to support various functions, such as building infrastructure, providing public
education and healthcare, maintaining law and order, and implementing social welfare
programs.

Here are some key aspects of taxation:

1. Types of Taxes:

There are various types of taxes, including:

Income Tax: Collected on an individual's or business's income, typically at different rates

depending on the level of income.

Value-Added Tax (VAT): A consumption tax levied at each stage of production or

distribution, with consumers ultimately bearing the tax burden.

Property Tax: Assessed on the value of real estate properties and paid by property owners.

Corporate Tax: Tax on the profits of businesses and corporations.

Excise duty: Levied on specific goods, such as alcohol, tobacco, and gasoline.

Custom Duty: Taxes on imports and exports, designed to regulate international trade.

TOPIC 4: IMPACT OF DIGITAL TECHNOLOGY ON COMMISSION OF CRIMES

DIGITAL TECHNOLOGY

Digital technology refers to the use of digital systems, devices, and tools to process, store,
transmit, and manipulate information. It encompasses a wide range of technologies that rely
on digital signals, binary code, and electronic data to function. Digital technology has
transformed various aspects of modern life and is pervasive in today's society. Here are some
key components and aspects of digital technology:

1. **Binary Code:** Digital technology relies on the binary numbering system, which uses
combinations of zeros and ones to represent data and instructions. This binary code is the
foundation of digital computing.

2. **Computers and Computing Devices:** Computers are central to digital technology.

They process data and perform calculations using microprocessors, memory, and various
input and output devices. This includes personal computers, laptops, servers, and mobile
devices.

3. **Software:** Software refers to computer programs and applications that provide

instructions for digital devices. It includes operating systems, productivity software, games,
and various specialized applications.

4. **Digital Communication:** Digital technology enables communication through

electronic means. This includes email, instant messaging, social media, video conferencing,
and VoIP (Voice over Internet Protocol).

5. **Internet:** The internet is a global network of interconnected digital devices. It serves as

a platform for information exchange, online services, e-commerce, and social interaction.
6. **Data Storage:** Digital technology enables the storage of vast amounts of data in digital
formats. This includes hard drives, solid-state drives, optical discs, and cloud storage
solutions.

7. **Digital Media:** Digital technology has revolutionized media production, distribution,

and consumption. This includes digital photography, digital audio, digital video, and digital
publishing.

8. **Digital Sensors:** Sensors and sensor technology are used in various applications, from
environmental monitoring and healthcare devices to industrial automation. These sensors
collect and transmit data in digital format.

9. **Artificial Intelligence (AI):** AI and machine learning technologies use digital

algorithms to analyze and process data, enabling computers to perform tasks that typically
require human intelligence, such as image recognition and natural language processing.

10. **Cybersecurity:** Digital technology has given rise to cybersecurity measures and tools
designed to protect digital systems, networks, and data from unauthorized access, breaches,
and cyberattacks.

11. **Digital Transformation:** Many industries and organizations are undergoing digital
transformation, using digital technology to streamline operations, improve efficiency, and
enhance customer experiences.

12. **IoT (Internet of Things):** IoT connects physical objects and devices to the internet,
allowing them to collect and exchange data. This technology has applications in smart homes,
smart cities, healthcare, and more.

Digital technology continues to advance rapidly, with innovations such as 5G connectivity,

quantum computing, blockchain technology, and augmented reality (AR) and virtual reality
(VR) shaping the future of digital capabilities. It has profoundly influenced various sectors,
including business, education, healthcare, entertainment, and transportation, and it continues
to drive innovation and change in the modern world.

IMPACT OF DIGITAL TECHNOLOGY ON COMMISION OF CRIMES

CYBER CRIMES IN TANZANIA

The following are offenses as provided by the Cyber Crimes Act

Illegal Access

Illegal Remaining

Illegal interception

Illegal data interference

Data espionage

Illegal system interference

Illegal device

Computer related forgery

Computer related fraud

Child pornography

Pornography

Identity related crimes

Publication of false information

The impact of digital technology on the commission of crimes is significant and multifaceted.
While digital technology has brought about numerous benefits and advancements in various
fields, it has also created new opportunities and challenges for individuals and groups
engaged in illegal activities. Here are some key ways in which digital technology has
influenced the commission of crimes:
1. **Cybercrime:** The rise of digital technology has given birth to cybercrime, which
includes various illegal activities conducted online or using digital means. These crimes
encompass a wide range of activities, including hacking, identity theft, phishing, online fraud,
and the distribution of malware and ransomware.

2. **Online Fraud and Scams:** Criminals use digital technology to perpetrate various types
of online fraud and scams. This includes advance-fee fraud, Ponzi schemes, and deceptive
online marketplaces. Victims may lose money or personal information in these schemes.

3. **Identity Theft:** Digital technology has made it easier for criminals to steal and misuse
personal information, such as Social Security numbers, credit card details, and login
credentials. Stolen identities can be used for financial fraud, tax fraud, and other illegal
activities.

4. **Data Breaches:** Cybercriminals target organizations and individuals to gain

unauthorized access to sensitive data. Data breaches can lead to the exposure of personal,
financial, and medical information, resulting in identity theft and fraud.

5. **Online Harassment and Cyberbullying:** The internet and social media platforms
provide a platform for online harassment and cyberbullying, where individuals may be
targeted with harmful messages, threats, or false information.

6. **Illegal File Sharing and Piracy:** Digital technology has made it easier for individuals
to share copyrighted materials, such as movies, music, and software, without authorization.
This has led to intellectual property theft and financial losses for content creators and
companies.

7. **Darknet Markets:** Criminals use encrypted networks and cryptocurrencies to operate

illegal marketplaces on the darknet. These markets facilitate the sale of drugs, firearms, stolen
data, and other illegal goods.
8. **Online Extremism and Terrorism:** Digital technology has enabled extremist groups to
spread propaganda, recruit members, and coordinate activities online. This poses significant
challenges for counterterrorism efforts.

9. **Phishing and Social Engineering:** Cybercriminals often use phishing emails and social
engineering tactics to trick individuals into revealing sensitive information or performing
actions that compromise their security.

10. **Emerging Threats:** As technology evolves, new threats emerge. This includes threats
related to artificial intelligence, deepfake technology, and the Internet of Things (IoT), which
can be exploited by criminals for malicious purposes.

11. **Financial Crimes:** Digital technology has expanded the scope of financial crimes,
including money laundering, insider trading, and stock market manipulation, with criminals
leveraging online platforms and digital payment systems.

While digital technology has enabled criminals to carry out sophisticated and far-reaching
activities, it has also empowered law enforcement agencies and cybersecurity experts to
develop tools and techniques for tracking, preventing, and mitigating digital crimes. The fight
against cybercrime requires ongoing cooperation among governments, law enforcement
agencies, the private sector, and cybersecurity experts to develop effective strategies and
defenses in the digital age.

TOPIC 5: TECHNOLOGY AND INTELLECTUAL PROPERTY RIGHTS

TECHNOLOGY

Technology encompasses the application of scientific knowledge, tools, and techniques to

solve practical problems, improve processes, and achieve specific goals. It includes a wide
range of tools, machines, systems, and methods that have been developed and refined over
time to address various human needs and challenges. Technology plays a vital role in shaping
society, advancing industries, and improving our daily lives. Here are some key aspects of
technology:

1. **Types of Technology:** Technology can be categorized into various types, including:

- **Information Technology (IT):** Encompasses computers, software, networks, and data

management systems used for processing, storing, and transmitting information.

- **Biotechnology:** Involves the use of biological systems, organisms, or derivatives to

develop products or processes for healthcare, agriculture, and more.

- **Green Technology:** Focuses on sustainable and environmentally friendly solutions,

such as renewable energy, energy-efficient technologies, and waste reduction.

- **Medical Technology:** Includes devices, equipment, and techniques used in

healthcare, diagnostics, and medical research.

- **Transportation Technology:** Covers innovations in vehicles, aviation, and

transportation infrastructure.

- **Communication Technology:** Encompasses technologies that enable communication,

such as smartphones, the internet, and wireless networks.

- **Manufacturing Technology:** Involves processes and machinery used in

manufacturing and production.

- **Robotics and Automation:** Utilizes robots and automated systems to perform tasks
efficiently and accurately.

2. **Innovation:** Technology is driven by innovation, which involves the development of

new ideas, products, or processes. Innovations often lead to advancements and improvements
in various fields.

3. **Digital Transformation:** Many industries and organizations are undergoing digital

transformation, adopting digital technologies to streamline operations, enhance customer
experiences, and stay competitive.
4. **Ethical and Societal Implications:** Technology raises ethical questions and has societal
implications. It can impact employment, privacy, security, and social relationships.
Discussions about responsible technology use and ethical considerations are ongoing.

5. **Access and Inclusivity:** The digital divide refers to disparities in access to technology
and the internet. Efforts are made to bridge this gap and ensure that technology is accessible
to all, regardless of socioeconomic status or location.

6. **Cybersecurity:** As technology advances, so do cybersecurity threats. Protecting digital

systems and data from cyberattacks and breaches is a critical concern.

7. **Regulation and Policy:** Governments and regulatory bodies often develop policies and
regulations to ensure the responsible use of technology and address issues like data privacy,
consumer protection, and intellectual property rights.

8. **Emerging Technologies:** Ongoing technological developments include artificial

intelligence (AI), blockchain, quantum computing, biotechnology advancements, and more.
These emerging technologies have the potential to reshape industries and society.

9. **Education and Training:** Technology has transformed education and learning

methods. Digital tools and online platforms are widely used for teaching, training, and skill
development.

10. **Global Impact:** Technology has a global reach and can impact international relations,
trade, and geopolitics. It has the potential to address global challenges such as climate change
and healthcare access.

11. **Interdisciplinary Nature:** Technology often involves collaboration across various

disciplines, including science, engineering, mathematics, and the arts. Interdisciplinary
approaches drive innovation.
12. **Continuous Evolution:** Technology is dynamic and constantly evolving. As new
discoveries and innovations emerge, existing technologies may become obsolete, leading to a
cycle of continuous progress.

Technology has become an integral part of contemporary life, influencing how we work,
communicate, travel, access information, and interact with the world around us. Its impact on
society and the economy is profound, and it continues to shape our future in ways that are
both exciting and challenging.

INTELLECTUAL PROPERTY RIGHTS IN TANZANIA

Intellectual Property Rights (IPR) in Tanzania are governed by various laws and regulations
aimed at protecting the rights of creators and innovators. These laws provide legal
frameworks for the protection of intellectual property, including copyrights, trademarks,
patents, industrial designs, and trade secrets. Here are the key aspects of Intellectual Property
Rights in Tanzania:

1. **Copyright and Neighboring Rights Act, 1999:** This law governs copyright protection
in Tanzania. It covers literary, artistic, and scientific works, including books, music, films,
software, and architectural designs. Copyright protection is automatic upon the creation of the
work and generally lasts for the lifetime of the author plus 50 years. The law also recognizes
neighboring rights for performers, broadcasters, and producers of sound recordings.

2. **Trade Marks Act, 2008:** The Trademarks Act provides for the registration and
protection of trademarks in Tanzania. A trademark can be a word, logo, symbol, or
combination thereof that distinguishes goods or services. Registration with the Tanzania
Trademarks Office is necessary to obtain exclusive rights to use a trademark.

3. **Patents, Industrial Designs, and Utility Models:** Patents protect inventions, industrial
designs protect the visual appearance of products, and utility models protect functional
innovations. These rights are obtained through registration with the Tanzania Patents Office.
4. **Geographical Indications:** Tanzania has provisions for the protection of geographical
indications, which are used to identify products associated with a particular region and
possess specific qualities, characteristics, or reputation due to their geographical origin.

5. **Trade Secrets and Confidential Information:** The law recognizes the importance of
protecting trade secrets and confidential information. This is crucial for businesses to
safeguard their proprietary knowledge and practices.

6. **Enforcement and Remedies:** Intellectual property rights holders can take legal action
against infringement. The remedies may include injunctions, damages, and orders for the
confiscation or destruction of infringing materials.

7. **International Agreements:** Tanzania is a signatory to international agreements related

to intellectual property rights, including the Berne Convention for the Protection of Literary
and Artistic Works, the Paris Convention for the Protection of Industrial Property, and the
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the
World Trade Organization (WTO).

8. **Enforcement and Protection:** Enforcement of intellectual property rights in Tanzania

is crucial to combat piracy, counterfeiting, and unauthorized use of protected works. This
involves cooperation between law enforcement agencies, customs authorities, and the
judiciary.

9. **Awareness and Education:** The Tanzanian government and various organizations

promote awareness and education about intellectual property rights to help creators and
businesses understand the importance of protecting their innovations and creations.

It's important for individuals and businesses in Tanzania to understand and protect their
intellectual property rights. Registering intellectual property, such as trademarks, patents, and
copyrights, can provide legal protection and exclusive rights. Consulting with intellectual
property professionals and legal experts in Tanzania is advisable to navigate the intricacies of
intellectual property laws and ensure proper protection of intellectual assets.

TOPIC 6: E- EVIDENCE, INVESTIGATION, CREATION AND ADMISSIBILITY

E-EVIDENCE

E-evidence, short for electronic evidence, refers to information or data that is stored or
transmitted electronically and can be used as evidence in legal proceedings. In the digital age,
e-evidence has become increasingly significant as it includes a wide range of electronic
information that can be relevant in various legal contexts. Here are some key aspects of e-
evidence:

1. **Types of E-Evidence:** E-evidence encompasses various forms of electronic data,

including but not limited to:

- **Emails and Electronic Correspondence:** Digital communication records, such as

emails, text messages, and instant messaging chats.

- **Digital Documents:** Electronic documents, spreadsheets, presentations, and files

stored on computers or in the cloud.

- **Social Media Posts:** Content shared on social networking platforms, including text,
images, videos, and comments.

- **Website Content:** Information from websites, including web pages, online articles,
and blogs.

- **Digital Images and Videos:** Photos and videos captured or stored in digital format.

- **Metadata:** Information about electronic files, such as creation dates, authorship, and
edit history.

- **Databases and Records:** Digital records from databases, including financial records
and customer databases.

- **GPS and Location Data:** Location-based data from devices, apps, or services.

- **Computer Logs:** System logs and records of computer activities.

2. **Authentication:** To be admissible in court, e-evidence often needs to be properly
authenticated, which means demonstrating that the electronic data is genuine and has not
been tampered with. This may involve presenting evidence of the source, chain of custody,
and integrity of the electronic information.

3. **Chain of Custody:** Establishing a secure chain of custody is crucial for maintaining

the integrity of e-evidence. This involves documenting who had access to the electronic data
and when.

4. **Privacy and Data Protection:** Handling e-evidence must comply with privacy laws and
data protection regulations, as collecting and using electronic data can involve individuals'
personal information.

5. **Electronic Discovery (eDiscovery):** In complex legal cases, eDiscovery involves

identifying, collecting, and producing relevant electronic evidence for litigation. It requires
specialized tools and expertise.

6. **Forensic Examination:** In some cases, digital forensics experts may be called upon to
examine electronic devices and data to recover and analyze evidence.

7. **Chain of Custody:** Properly documenting the handling and custody of electronic

evidence is critical to maintain its admissibility and credibility in court.

8. **Expert Witnesses:** Expert witnesses in fields like computer forensics and

cybersecurity may be called upon to testify about the authenticity and significance of e-
evidence.

9. **International Considerations:** In cases involving cross-border e-evidence, legal

challenges may arise due to jurisdictional issues, data protection laws, and international
treaties.
10. **Legal Standards:** Different legal jurisdictions may have varying standards for the
admission and weight given to e-evidence. Legal professionals must be knowledgeable about
the rules and procedures in their respective jurisdictions.

E-evidence is increasingly important in legal proceedings, including criminal investigations,

civil litigation, intellectual property disputes, and regulatory compliance matters. Legal
professionals and digital forensics experts play crucial roles in ensuring the proper handling
and presentation of e-evidence in court.

E-EVIDENCE IN TANZANIA

Electronic evidence (e-evidence) in Tanzania is recognized and admissible in legal

proceedings, subject to certain legal principles and requirements. The use of e-evidence has
become more common as technology has advanced, and it covers various forms of electronic
data and information that can be relevant in legal contexts. Here are some key aspects of e-
evidence in Tanzania:

1. **Legal Framework:** The primary legal framework governing e-evidence in Tanzania

includes the Evidence Act, 1967. The Act outlines the rules and procedures for the
admissibility of evidence, including electronic evidence.

2. **Authentication:** E-evidence must be properly authenticated to be admissible in court.

This involves demonstrating the integrity and authenticity of the electronic data.
Authentication may require presenting evidence of the source, chain of custody, and the
process used to create or store the electronic information.

3. **Chain of Custody:** Establishing and maintaining a secure chain of custody for

electronic evidence is crucial. Proper documentation of who had access to the electronic data
and when helps ensure its integrity and credibility.
4. **Hearsay Rule:** The hearsay rule, which limits the use of statements made outside of
court as evidence, can apply to electronic evidence. However, there are exceptions, and
certain types of electronic statements may be admissible if they meet the requirements for
exceptions to the hearsay rule.

5. **Expert Witnesses:** In cases involving complex e-evidence or technical aspects, expert

witnesses in fields such as computer forensics, cybersecurity, or digital technology may be
called upon to testify about the authenticity and significance of the evidence.

6. **Privacy and Data Protection:** Handling e-evidence must comply with privacy laws and
data protection regulations, especially if it involves individuals' personal information. Proper
procedures must be followed to protect sensitive data.

7. **Electronic Discovery (eDiscovery):** In cases with large volumes of electronic

evidence, parties may engage in eDiscovery to identify, collect, and produce relevant
electronic evidence for litigation. eDiscovery requires specialized tools and expertise.

8. **International Considerations:** In cases involving cross-border e-evidence, legal

challenges may arise due to jurisdictional issues, data protection laws, and international
treaties. Mutual legal assistance treaties (MLATs) may be used to obtain e-evidence from
foreign jurisdictions.

9. **Standards and Procedures:** Legal standards for the admissibility and weight given to
e-evidence can vary, and legal professionals in Tanzania must be knowledgeable about the
specific rules and procedures in Tanzanian courts.

E-evidence is increasingly important in various legal proceedings in Tanzania, including

criminal investigations, civil litigation, intellectual property disputes, and regulatory matters.
Legal professionals, digital forensics experts, and IT specialists may work together to ensure
the proper handling, presentation, and authentication of e-evidence in accordance with
Tanzanian law.
 INVESTIGATION, CREATION AND ADMISSIBILITY OF E- EVIDENCE

Electronic evidence (e-evidence) plays a crucial role in modern investigations, legal

proceedings, and court cases. The handling, creation, and admissibility of e-evidence are
governed by legal principles and procedures. Here's a breakdown of e-evidence in terms of
investigation, creation, and admissibility:

**1. Investigation of E-Evidence:**

Investigating e-evidence involves the collection, preservation, and analysis of electronic data
that may be relevant to a legal case. This process is essential to ensure the evidence's integrity
and admissibility. Here are key steps in investigating e-evidence:

- **Identification:** Identify potential sources of electronic evidence, such as computers,

smartphones, email accounts, social media profiles, and cloud storage.

- **Collection:** Collect electronic data using forensically sound methods to maintain the
evidence's integrity. This may involve seizing devices, making forensic copies, or using
specialized tools for data extraction.

- **Preservation:** Preserve e-evidence in a secure and tamper-proof manner to prevent data

alteration or deletion. Maintain a proper chain of custody.

- **Analysis:** Analyze the collected data to extract relevant information. This may involve
digital forensics experts examining metadata, file contents, timestamps, and other digital
artifacts.

- **Relevance:** Determine the relevance of the e-evidence to the case. Not all electronic
data collected during an investigation may be admissible in court.
**2. Creation of E-Evidence:**

E-evidence can be created in various forms during the course of normal digital activities or
investigations. It's essential to ensure that the created evidence meets legal standards. Here
are common ways e-evidence is created:

- **Emails and Messages:** Electronic communication, such as emails, text messages, and
instant messages, can be created as evidence during digital conversations.

- **Digital Documents:** Documents created or modified digitally, such as word processing

files, spreadsheets, and presentations, can serve as e-evidence.

- **Digital Photos and Videos:** Images and videos captured using digital devices can be
used as evidence if they are relevant to a case.

- **Web Content:** Screenshots or archives of web pages, online articles, and social media
posts can be created as e-evidence.

- **Logs and Records:** Digital systems generate logs and records of activities, which can
be used as evidence in certain cases.

**3. Admissibility of E-Evidence:**

For e-evidence to be admissible in court, it must meet specific legal criteria and be presented
in accordance with established procedures. Admissibility depends on factors such as
relevance, authenticity, and the satisfaction of legal standards:

- **Relevance:** E-evidence must be relevant to the case and directly related to the issues in
question.
- **Authentication:** E-evidence must be properly authenticated to establish its legitimacy
and prevent tampering. This may involve demonstrating the source of the evidence, its chain
of custody, and its integrity.

- **Hearsay Rule:** E-evidence that contains statements made outside of court may be
subject to the hearsay rule. Exceptions to the rule may apply in certain circumstances.

- **Expert Testimony:** In cases involving complex e-evidence, expert witnesses may be

called to testify regarding the authenticity and significance of the evidence.

- **Legal Standards:** Admissibility standards can vary by jurisdiction and type of case.
Legal professionals must be familiar with the rules and procedures in their respective
jurisdictions.

Proper handling, creation, and presentation of e-evidence are essential to ensure its
admissibility and effectiveness in legal proceedings. Legal professionals and digital forensics
experts often work together to meet these requirements and navigate the complexities of e-
evidence in the legal context.