The new Electronic and Postal Communications (Online Content) Regulations, 2020 signed and gazetted by Hon. Dr. Harrison G. Mwakyembe, the Minister of Information, Culture, Artists and Sports revokes and replaces the Electronic and Postal Communications (Online Content) Regulations GN No. 133 of 2018. The rules apply to all online content services broadcasted to the public through internet websites; application software such as Microsoft, Internet browsers like safari, chrome and Firefox; forums, blogs, weblogs, microblogs, public accounts, instant messaging tools like WhatsApp, skype and messenger; online live streaming, aggregators and other related platforms. This means that any person involved in online content publishing ought to secure a license from the Tanzania Communications Regulatory Authority (TCRA).
The rules enforce obligations on service providers and users of online platforms and imposes a fine of not less than five million shillings or to imprisonment for a term of twelve months or to both for non-compliance.
The regulations have introduced categories of online content licenses. All users and providers of online content must apply for a license as per the category of service they provide or are thus prohibited to do so. The Categories include: News, events and current affairs online content; entertainment content (covers music, movies, series, plays, drama, comedy, sports and any other related entertainment content; education and religious content and broadcasting license issued to mainstream broadcasting licensee with national coverage rights.
The regulations have further outlined a clear mechanism for application of online content licenses and all the required documentation and the prescribed fees. On a successful application, the license issued shall be valid for a period of three years with an option to renew.
The 2020 regulations vests TCRA with authority to suspend or revoke licenses on satisfaction that terms and conditions have been violated or breached. Where a license is revoked or suspended, a notice will be served on the licensee whom within seven days after being served with the notice of suspension or revocation as the case may be, shall surrender the license to the Authority.
The regulations provide in its third schedule an elaborative list of “prohibited contents”. These include: contents that violet sexuality and decency, personal privacy and respect to human dignity, health and public safety, public security and national safety and intellectual property right; offend, defame, insult, ridicule and violate religions and personal beliefs; promote, advocates, encourages public information that may cause public havoc and disorder; uses bad language and disparaging words; is false, untrue and has misleading content; promotes criminal activities and illegal intellectual property rights.
These regulations have enhanced compliance and have enforced obligations on the licensees to moderate and establish measures that ensure that their contents are protected, safe, not prohibited, do not contravene any provision of the laws and their contents have measures to enhance protection of children online.
In addition, the regulations confer the TCRA with power to order content take down (removal). The online content licensees shall ensure that contents are removed upon notification by the Authority or affected party. There is no any appeal mechanism or any remedial measures for orders of takedown (removal) set by these regulations.
Moreover, TCRA has on 7th February, 2020 published The Electronic and Postal Communications (Sim Card Registration) Regulations, 2020 signed and gazetted by the Minister for works, transport and communication Hon. Isack A. Kamwele.
Accordingly, this regulation regulates users of Subscriber Identity Module Cards (SIM Cards) in Tanzania. Persons who owns, controls, intends to use detachable SIM Card, built- in SIM Card Mobile Telephone or SIM enabled mobile communication equipment device shall have them registered. This law does not apply to users of SIM Cards issued by foreign mobile network service providers roaming on the network of a licensee.
The Regulations outlines the procedure and lists the requirements which have to be furnished for registration of a SIM Card by individuals, companies and their employees, institutions and their employees, minors, visitors, foreigners, refugees, diplomats and diplomatic institutions and individuals with defaced fingerprint or no fingers.
In the event of loss or theft of a SIM Card, built in SIM Card mobile telephone or SIM Card enabled mobile communication equipment or device, the regulations require a customer to report such loss or theft within 7 days from the date of occurrence and obtain a lost report or preliminary investigation report. Thereafter present it to the service provider for replacement. The customer is required to submit to the service providers the SIM Card or devices in the event of damage or destruction.
The rules protect person’s information by imposing penalty on any service provider who misuses information of a customer for SIM Card registration. Such service provider shall be liable to a fine of not less than five million Tanzanian shillings or imprisonment for a term not less than twelve months or to both.
The significant impact this regulation has had on persons is the limitations it has imposed on the ownership of the number of SIM Cards.
Individual are allowed to register: One Sim Card for each licensed mobile operator for use on voice, messages and data services and not more than four Sim Cards for each licensed mobile operator- for use on machine to machine communications. Non-compliance to this results to a fine of not less than five million Tanzanian shillings or imprisonment for a term not less than twelve months or to both and a fine of not less than seventy-five thousand Tanzanian shillings for every day during which the SIM Card was used or possessed; and
A company or institution is allowed to register: not more than thirty SIM Cards from each mobile network operator for use on voice, short messaging and data services; not more than fifty SIM Cards from each mobile network operator for use on machine to machine communication. A company that contravenes this law is liable to a fine of not less than fifty million Tanzanian shillings and a fine of not less than one hundred and seventy-five thousand Tanzanian shillings for every day during which the SIM Card was used or possessed.
However, the regulations have given an individual, a company or an institution desiring to own and register more than the specified number of Sim Cards the ability to do so on submission of a written application and approval from TCRA.
Important Notice:
This publication has been prepared for information purposes only, and it does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, Cymbell Attorneys, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it.
MINING SECTOR – ON RECENT CHANGES AFFECTING NON-INDIGENOUS TANZANIAN COMPANIES
MINING LAW – LEGAL ALERTS ON RECENT CHANGES AFFECTING NON-INDIGENOUS [...]
Tanzanian Tourism Sector is Blooming and so are its Laws
Recent Amendments to the Tanzanian Laws Regulating Tourism. The Contribution [...]
Amendments Affecting Non-Citizens’ Employment Regime in Tanzania
Introduction On 11th October, 2021, The Written Laws (Miscellaneous [...]
An Overview of Amendments to the Magistrates’ Courts Act that Affect Subordinate Courts in Tanzania
The Magistrates Courts’ Act (hereinafter referred to as “the [...]
Amendments to the Different Laws Governing Business Arrangements in Tanzania
On 11th October 2021 the Government published the Written [...]
The General Amnesty on Payment of Statutory Contributions to NSSF by Employers
The National Social Security Fund Act [CAP 50. R. [...]
