TANZANIA
Reported in 2024
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
In 2024, Tanzania implemented a series of digital restrictions affecting access to websites and online platforms. In August, the government blocked the social media platform X (formerly Twitter) nationwide following the hacking of the Tanzania Police Force’s official account, which had been used to spread false information. The authorities cited national security concerns and warned that using VPNs to bypass the block could lead to legal penalties. Further actions included the October 2024 suspension of Mwananchi Communications Ltd.’s online platforms for 30 days, following the publication of content deemed threatening to national unity. Additionally, research by the Open Observatory of Network Interference (OONI) documented the blocking of numerous websites and applications related to LGBTIQ issues, including Grindr, between January 2023 and January 2024, as well as restricted access to VPN services, Clubhouse, and 4chan.
Coverage Social media platforms
Sources
- https://africa.businessinsider.com/local/lifestyle/tanzania-shuts-down-access-to-x-again-marking-second-blockade-in-under-a-year/we62fcd
- https://www.reuters.com/world/africa/tanzania-suspends-media-companys-online-platforms-30-days-2024-10-03/
- https://www.state.gov/wp-content/uploads/2024/02/528267_TANZANIA-2023-HUMAN-RIGHTS-REPORT.pdf
- https://ooni.org/post/2024-tanzania-lgbtiq-censorship-and-other-targeted-blocks/
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TANZANIA
Since March 2018, last amended in July 2020
Pillar Content access |
Indicator 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
Sources
- https://web.archive.org/web/20230115005638/https://www.tcra.go.tz/uploads/documents/sw-1619088125-The%20Electronic%20and%20Postal%20Communications%20(Online%20Content)%20Regulations,%202020.pdf
- https://web.archive.org/web/20231023221204/https://www.theverge.com/2018/7/6/17536686/tanzania-internet-laws-censorship-uganda-social-media-tax
TANZANIA
Since May 2015
Pillar Content access |
Indicator 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 to their services.
Coverage Cryptographic or certification service
TANZANIA
Since October 2023
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Public Notice - Declaration of Use of Virtual Private Network (VPN)
In October 2023, the Tanzania Communications Regulatory Authority (TCRA) regulated the use of virtual private networks (VPNs). It is reported that VPN use without an official permit is prohibited in the country, and individuals and companies that wanted to obtain permission were required to notify the TCRA of their VPN use by October 2023. Penalties for non-compliance include fines of at least TZS 5 million (about USD 2,000) or a minimum of 12 months in jail.
Coverage VPNs
Sources
- https://web.archive.org/web/20250128171158/https://www.tcra.go.tz/uploads/documents/en-1697207437-DECLARATION%20OF%20USE%20OF%20VIRTUAL%20PRIVATE%20NETWORK%20-%20VPN%2013.10.2023%20%282%29.pdf
- https://web.archive.org/web/20240903135338/https://cioafrica.co/tanzania-imposes-ban-on-vpn-usage-without-a-permit/
- https://www.tcra.go.tz/vpn-details-form
- https://web.archive.org/web/20250128171352/https://www.state.gov/reports/2024-investment-climate-statements/tanzania/
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TANZANIA
Since September 2014, last amended in Since January 2018
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations, 2018
According to Section 2 of the Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations (2018), these Regulations apply to electronic communications equipment imported or manufactured for use in the United Republic and intended for connection to any electronic communications network for the purpose of receiving or transmitting electronic communication signals.
Part III sets out the procedures for type approval of electronic communications equipment, including the manufacturer’s declaration of conformity. Under Section 6, manufacturers must declare that all electronic communications equipment conforms to international and national standards before it can be 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 had established the same type approval procedure for electronic communications equipment under Section 6.
Part III sets out the procedures for type approval of electronic communications equipment, including the manufacturer’s declaration of conformity. Under Section 6, manufacturers must declare that all electronic communications equipment conforms to international and national standards before it can be 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 had established the same type approval procedure for electronic communications equipment under Section 6.
Coverage Electronic communications equipment
Sources
- https://web.archive.org/web/20210801235518/https://www.tcra.go.tz/uploads/documents/sw-1619087350-The%20Electronic%20and%20Postal%20Communications%20(Electronic%20Communications%20Equipment%20Standard...
- https://ictpolicyafrica.org/api/documents/download?_id=5d4ab869a0c67b001b921eb0
- https://web.archive.org/web/20230130040818/https://www.tbs.go.tz/pages/inspection
- https://ib-lenhardt.com/type-approval/tanzania
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TANZANIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of effective protection of trade secrets
Tanzania does not have a comprehensive framework in place that provides effective protection of trade secrets. It is reported that the protection of trade secrets is mostly by way of common law and equity in the form of judicial decisions.
Coverage Horizontal
TANZANIA
Since November 2022, entry into force in May 2023
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
The Personal Data Protection Act 2022, Act No. 11 of 2022
Section 27.3 of the Personal Data Protection Act requires that either the data collector or the data processor must appoint a personal data protection officer who will ensure the security of the data.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230801103752/https://abcattorneys.co.tz/wp-content/uploads/2023/05/Personal-Data-Protection-Act-of-Tanzania-Sheria-ya-Ulinzi-wa-Taarifa-Binafsi-Tanzania-2022-ABC-Attorney...
- https://web.archive.org/web/20230528155131/https://www.dlapiperdataprotection.com/index.html?t=data-protection-officers&c=TZ
- https://web.archive.org/web/20231003142817/https://www.dataguidance.com/notes/tanzania-data-protection-overview
- https://web.archive.org/web/20240301152736/https://altadvisory.africa/2023/05/10/tanzania-data-protection-act-comes-into-effect/
- https://web.archive.org/web/20230702020728/https://www.thecitizen.co.tz/tanzania/news/national/tanzania-s-data-protection-law-comes-into-effect-4223022
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TANZANIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Tanzania to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
TANZANIA
Since May 2015
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Cybercrime Act, 2015
Sections 34 and 35 of the Cybercrimes Act allow a police station or a law enforcement officer to collect or record traffic or content data associated with a specified communication during a specified period without a court order. Section 32 states that "(1) Where the disclosure of data is required for the purposes of a criminal investigation, or the prosecution of an offence, a police officer in charge of a police station or a law enforcement officer of a similar rank may issue an order to any person in possession of such data compelling him to disclose such data."
Coverage Telecommunications sector
TANZANIA
Since January 2018
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 22 of the Electronic and Postal Communications (Licensing) Regulations stipulates that foreign investment in the telecommunications sector is restricted to a maximum of 75%
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250128163306/https://www.tcra.go.tz/download/sw-1619086529-The%20Electronic%20and%20Postal%20Communications%20%28Licensing%29%20Regulations,%202018.pdf
- https://web.archive.org/web/20250109080425/https://www.state.gov/reports/2023-investment-climate-statements/tanzania/
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=2906456&id2=&id3=&sPath=000021090010903&mzMode=Modes3
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TANZANIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
TTCL (Tanzania Telecommunications Company Limited) is a state-owned telecommunications company in Tanzania that offers fixed-line, mobile, broadband internet, and data services. The company also has a fibre optic network throughout the country, enabling it to offer high-speed connectivity services to businesses and homes. TTCL has been a key player in the expansion of Tanzania's telecommunications infrastructure and the promotion of internet access and other telecommunications services throughout the country.
TTCL was privatised in February 2001, when a Consortium MSI of the Netherlands and Detecon of Germany acquired 35% shares of the company from the Government of Tanzania. However, the Government of Tanzania fully repossessed TTCL ownership by 100% from June 2016. Tanzanian government owns 40% of Bharti Airtel. The Government of Zanzibar (a partly self-governing state in Tanzania) owns a 15% stake in Zanzibar Telecom (Zantel).
It is reported that the government's effort to privatise TTCL has stalled. TTCL has been given management of the national fibre backbone and will service all districts; private operators must contract for service with TTCL. In addition, investors report that though the government has authorised some private companies to build terrestrial fibre networks, governing regulations remain unclear and inconsistently applied.
TTCL was privatised in February 2001, when a Consortium MSI of the Netherlands and Detecon of Germany acquired 35% shares of the company from the Government of Tanzania. However, the Government of Tanzania fully repossessed TTCL ownership by 100% from June 2016. Tanzanian government owns 40% of Bharti Airtel. The Government of Zanzibar (a partly self-governing state in Tanzania) owns a 15% stake in Zanzibar Telecom (Zantel).
It is reported that the government's effort to privatise TTCL has stalled. TTCL has been given management of the national fibre backbone and will service all districts; private operators must contract for service with TTCL. In addition, investors report that though the government has authorised some private companies to build terrestrial fibre networks, governing regulations remain unclear and inconsistently applied.
Coverage Telecommunications sector
TANZANIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Tanzania mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
TANZANIA
Since March 2010, as amended in 2017, last amended in 2022
Since January 2018
Since June 2017
Since January 2018
Since June 2017
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Electronic and Postal Communications
Electronic and Postal Communications (Licensing) Regulations, 2018
Finance Act 2017
Electronic and Postal Communications (Licensing) Regulations, 2018
Finance Act 2017
According to Art. 26 of the Electronic and Postal Communications Act 2010, as amended in 2017 by the Finance Act (2017), licensees holding Network Facilities and Network Service licenses are required to offer at least 25% of their shares to the public—both local and foreign—through an Initial Public Offering (IPO) on the Dar es Salaam Stock Exchange (DSE). If a licensee fails to meet the prescribed 25% threshold of issued and paid-up share capital following the IPO, the Capital Markets and Securities Authority, in consultation with the Minister responsible for Capital Markets and considering market conditions, will issue directives to guide the licensee on how to achieve the 25% shareholding requirement. This requirement is also confirmed in Section 22(a) of the Licensing Regulations (2018).
Additionally, the application and initial licensing fees vary depending on the type of license and coverage area—International, National, or Regional. According to the first schedule of the Electronic and Postal Communications (Licensing) Regulations, the fees for Network Services are as follows: International coverage requires an application fee of USD 10,000, an initial license fee of USD 300,000, and a renewal license fee of USD 400,000; National coverage requires an application fee of USD 5,000, an initial license fee of USD 600,000, and a renewal license fee of USD 750,000; Regional coverage requires an application fee of USD 2,000, an initial license fee of USD 23,100, and a renewal license fee of USD 26,500.
Additionally, the application and initial licensing fees vary depending on the type of license and coverage area—International, National, or Regional. According to the first schedule of the Electronic and Postal Communications (Licensing) Regulations, the fees for Network Services are as follows: International coverage requires an application fee of USD 10,000, an initial license fee of USD 300,000, and a renewal license fee of USD 400,000; National coverage requires an application fee of USD 5,000, an initial license fee of USD 600,000, and a renewal license fee of USD 750,000; Regional coverage requires an application fee of USD 2,000, an initial license fee of USD 23,100, and a renewal license fee of USD 26,500.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241121155920/http://parliament.go.tz/polis/uploads/bills/acts/1452072364-ActNo-3-2010.pdf
- https://web.archive.org/web/20220729090357/https://www.tcra.go.tz/uploads/documents/sw-1619086529-The%20Electronic%20and%20Postal%20Communications%20(Licensing)%20Regulations,%202018.pdf
- https://www.tcra.go.tz/download/sw-1619083753-Tha%20Finance%20Act,%202017.pdf
- https://web.archive.org/web/20230319054757/https://www.tcra.go.tz/uploads/documents/sw-1619018762-General%20Guidelines.pdf
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TANZANIA
Since January 2018
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Electronic and Postal Communications (Licensing) Regulations, 2018
Section 20 (b) of the Electronic and Postal Communications (Licensing) Regulations, 2018, establishes that an applicant for the individual license shall submit to the Authority a business plan together with other documents as provided for under the Licensing Regulations.
Coverage Telecommunication sector
TANZANIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Tanzania has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
