TANZANIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Tanzania has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
TANZANIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Tanzania has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TANZANIA
Since September 2015
Since February 2018
Since February 2018
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Transaction Act, 2015
Electronic and Postal (Consumer Protection) Regulations 2018
Electronic and Postal (Consumer Protection) Regulations 2018
The law Electronic Transaction Act (Section 28-32), and the Electronic and Postal (Consumer Protection) Regulations 2018 provide a comprehensive framework for consumer protection that also applies to online transactions. However, both acts are reported to not offer online complaint resolution provisions, which can lower consumers' confidence to participate in the digital trade. Furthermore, Tanzania recognizes e-signatures under several laws, including the Arbitration Act of 2020 (Section 87), the E-government Act of 2019 (Section 27), and the Electronic Transaction Act of 2015 (Section 6).
Coverage Horizontal
Sources
- https://www.tcra.go.tz/uploads/documents/sw-1619087013-The%20Electronic%20and%20Postal%20Communications%20(Consumer%20Protection)%20Regulations,%202018.pdf
- https://www.ega.go.tz/uploads/publications/sw-1632643805-Act.pdf
- https://www.parliament.go.tz/polis/uploads/bills/acts/1662105178-CHAPTER%20442-THE%20ELECTRONIC%20TRANSACTIONS%20ACT%20.pdf
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TANZANIA
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
The de minimis value, that is the minimum value of goods below which customs do not charge duties, is equal to USD 3, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
TANZANIA
Reported in 2017
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Local presence requirement for domain registration
The domain registration requires local presence or representation. It is reported that a business should be registered locally (as a local or foreign business) to get the local domain (co.tz). After registering the company (which may require either local presence or representation), then the domain registration can be done online.
Coverage Horizontal
TANZANIA
Since May 2015
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Restrictions on encryption standards
Electronic Transactions Act, 2015
A person who intends to offer cryptographic or certification services shall apply to the regulator. Applicants must disclose a description of the technology to be applied in their services.
Coverage Cryptographic or certification service
TANZANIA
Since January 2018
Since September 2014
Since September 2014
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations, 2018
Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations, 2014
Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations, 2014
Regulation 2 of Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations, 2018 states that these Regulations apply to electronic communications equipment imported or manufactured for use in the United Republic for connection to any electronic communications network for the purpose of receiving or transmitting electronic communication signals. Part III provides procedures of type approval of the electronic communications equipment including manufacturer’s declaration of conformity. Under Regulation 6, the equipment manufacturer shall, for every electronic communications equipment, declare that the equipment conforms to international and national standards before the equipment is approved for use in the United Republic.
The 2018 Regulations repealed and replaced the Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations, 2014, which provided for the same type approval procedure for electronic communications equipment in its Regulation 6.
The 2018 Regulations repealed and replaced the Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations, 2014, which provided for the same type approval procedure for electronic communications equipment in its Regulation 6.
Coverage Electronic communications equipment
Sources
- https://www.tcra.go.tz/uploads/documents/sw-1619087350-The%20Electronic%20and%20Postal%20Communications%20%28Electronic%20Communications%20Equipment%20Standards%29%20Regulations,%202018.pdf
- https://ictpolicyafrica.org/api/documents/download?_id=5d4ab869a0c67b001b921eb0
- https://www.tbs.go.tz/pages/inspection
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TANZANIA
Since March 2018, last amended in July 2020
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Electronic and Postal Communications (Online Content) Regulations (2020)
The Online Content Regulations, which were first introduced in 2018 and later replaced by the Online Content Regulations of 2020, require online content service providers to have an operating license. The license is applicable to providers who cover news, entertainment, educational, and religious content through blogs, social media pages, and similar services. Therefore, on top of traditional media websites, online TV and radio channels, individual bloggers and podcasters are required to have a license.
According to the regulations, a person can only provide content services after obtaining a license from the Tanzania Communications Regulatory Authority (TCRA). There are four categories of online content licenses available for providers of predominant news and current affairs, entertainment content, educational and religious content, and simulcasting. Upon successful application, the licensee is required to pay an initial fee of TZS 1,000,000 (USD 433 approx.) for a news and current affairs license, TZS 500,000 (USD 216 approx.) for an entertainment and education license or religious content license, and TZS 200,000 (USD 87 approx.) for a simulcasting license. The same fees apply for annual payments and license renewal, and the license is valid for three years. If a licensee breaches the terms and conditions of the license, the license may be suspended or revoked by the TCRA. The licensee is notified of the revocation or suspension, and the reasons for it, and must surrender the license to the TCRA within seven days after service of the revocation or suspension notice. In addition, the failure to adhere to these regulations makes the service provider liable to a fine of not less than five million shillings (equivalent to approx. 2,150 USD) or imprisonment for a term of not less than 12 months or both.
It is reported that content providers used to be able to register and get a single license to offer different types of content, but with the 2020 Regulations, they are required to obtain numerous permits based on the content they offer and can incur exorbitant licensing fees. In addition, it is reported that as a result of this licensing regime, some blogs were closed down.
According to the regulations, a person can only provide content services after obtaining a license from the Tanzania Communications Regulatory Authority (TCRA). There are four categories of online content licenses available for providers of predominant news and current affairs, entertainment content, educational and religious content, and simulcasting. Upon successful application, the licensee is required to pay an initial fee of TZS 1,000,000 (USD 433 approx.) for a news and current affairs license, TZS 500,000 (USD 216 approx.) for an entertainment and education license or religious content license, and TZS 200,000 (USD 87 approx.) for a simulcasting license. The same fees apply for annual payments and license renewal, and the license is valid for three years. If a licensee breaches the terms and conditions of the license, the license may be suspended or revoked by the TCRA. The licensee is notified of the revocation or suspension, and the reasons for it, and must surrender the license to the TCRA within seven days after service of the revocation or suspension notice. In addition, the failure to adhere to these regulations makes the service provider liable to a fine of not less than five million shillings (equivalent to approx. 2,150 USD) or imprisonment for a term of not less than 12 months or both.
It is reported that content providers used to be able to register and get a single license to offer different types of content, but with the 2020 Regulations, they are required to obtain numerous permits based on the content they offer and can incur exorbitant licensing fees. In addition, it is reported that as a result of this licensing regime, some blogs were closed down.
Coverage Online content providers
TANZANIA
Since September 2015
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Electronic Transactions Act, 2015
According to Arts. 33-36 of the Electronic Transactions Act, 2015, a person who intends to offer cryptographic or certification services shall apply to the regulator. Applicants must disclose a description of the technology to be applied in their services.
Coverage Cryptographic or certification service
TANZANIA
Reported in 2020
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that social media and bulk SMS were blocked in October 2020, ahead of general elections.
Coverage Social media and bulk SMS
TANZANIA
Since March 2018, as amended in July 2020
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Electronic and Postal Communications (Online Content) Regulations, 2020
According to the Electronic and Postal (Online Content) Regulations 2018 (last amended in 2020), the application service licensee holders are required to terminate or suspend the subscriber account within two hours after being reported for sharing prohibited content (Section 11.3). While the previous regulation required online platforms to take down alleged illegal content within 12 hours, the current regulation forces license holders — such as the hosts of discussion forums — to remove prohibited content immediately. When a subscriber to a forum uploads alleged illegal content, the license holder must notify the subscriber within two hours. If the subscriber fails to take down content within two hours of getting the notice, the license holder must revoke the subscriber’s access to the platform.
Coverage Online content providers
TANZANIA
Since March 2018, last amended in July 2020
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Electronic and Postal Communications (Online Content) Regulations, 2020
The Electronic and Postal Communications (Online Content) Regulations require providers of online content services to have a license and pay fees periodically. According to Section 9.d, providers are required to use moderating tools to filter prohibited content. The regulations have been condemned by bloggers to temper the freedom of expression. For instance, according to the BBC, Jamii Forum (the famous forum for online discussions in the country) was shut down for 21 days in 2018, forced to comply with harsh new online content regulations.
Coverage Online content providers
Sources
- https://www.bbc.com/news/world-africa-50973409
- https://qz.com/africa/1915941/lesotho-uganda-tanzania-introduce-social-media-rules/
- https://www.disinformationtracker.org/
- https://www.tcra.go.tz/uploads/documents/sw-1619087127-The%20Electronic%20and%20Postal%20Communications%20(Competition)%20Regulations,%202018.pdf
- https://www.tcra.go.tz/uploads/documents/sw-1619088125-The%20Electronic%20and%20Postal%20Communications%20(Online%20Content)%20Regulations,%202020.pdf
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TANZANIA
Since March 2018, as amended in July 2020
Pillar Intermediary liability |
Sub-pillar User identity requirement
Electronic and Postal Communications (Online Content) Regulations (2020)
According to Section 13 of the Online Content Regulations (2020), amending the Electronic and Postal (Online Content) Regulations 2018, internet cafe operators are required to keep a proper service user register and ensure every person using internet service is registered upon showing a recognized identity card; and install surveillance cameras to record and archive activities inside the cafe.
Coverage Internet cafe operators
TANZANIA
Since May 2015
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Cybercrime Act, 2015
Tanzania has a safe harbour regime in place for intermediaries for copyright infringements. Under the Cybercrimes Act (2015), Sections 39-44 offer safe harbour provisions concerning intermediary liability. Service providers are exempt from liability for information stored, transmitted, hyperlinked on their networks, or accessed through their search engines, provided they adhere to specific conditions.
The service provider must not initiate the transmission, select, or modify the information. Additionally, they are required to promptly inform the relevant authority if they become aware, through means other than a public authority order, of any illegal information stored on their platform. Furthermore, the service provider must take immediate action to remove or disable access to the illegal information once they are aware of its presence or receive a takedown notice. These measures aim to protect intermediaries while promoting responsible handling of illicit content on their platforms.
The service provider must not initiate the transmission, select, or modify the information. Additionally, they are required to promptly inform the relevant authority if they become aware, through means other than a public authority order, of any illegal information stored on their platform. Furthermore, the service provider must take immediate action to remove or disable access to the illegal information once they are aware of its presence or receive a takedown notice. These measures aim to protect intermediaries while promoting responsible handling of illicit content on their platforms.
Coverage Internet intermediaries
TANZANIA
Since May 2015
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Cybercrime Act, 2015
Tanzania has a safe harbour regime in place for intermediaries beyond copyright infringements. Under the Cybercrimes Act (2015), Sections 39-44 offer safe harbour provisions concerning intermediary liability. Service providers are exempt from liability for information stored, transmitted, hyperlinked on their networks, or accessed through their search engines, provided they adhere to specific conditions.
The service provider must not initiate the transmission, select, or modify the information. Additionally, they are required to promptly inform the relevant authority if they become aware, through means other than a public authority order, of any illegal information stored on their platform. Furthermore, the service provider must take immediate action to remove or disable access to the illegal information once they are aware of its presence or receive a takedown notice. These measures aim to protect intermediaries while promoting responsible handling of illicit content on their platforms.
The service provider must not initiate the transmission, select, or modify the information. Additionally, they are required to promptly inform the relevant authority if they become aware, through means other than a public authority order, of any illegal information stored on their platform. Furthermore, the service provider must take immediate action to remove or disable access to the illegal information once they are aware of its presence or receive a takedown notice. These measures aim to protect intermediaries while promoting responsible handling of illicit content on their platforms.
Coverage Internet intermediaries