TANZANIA ONLINE CONTENT REGULATIONS, REGULATORY FRAMEWORK AND PORTABILITY OF ONLINE CONTENT SERVICES
Tanzania has sharpened and taken online media control with the introduction of new regulations, The Electronic and Postal Communications (Online Content) Regulations 2018, which was published on 16th March 2018 under the Government Notice Number 133.These Regulations shall apply to online content including;
- Application services licensees.
- Bloggers.
- Internet cafes.
- Online content hosts.
- Online forums.
- Online radio or television.
- Social media.
- Subscribers and users of online content and any related online content.
GENERAL OVERVIEW OF THE ENACTED REGULATIONS:
The Regulations specify obligations of service providers and users of online platforms. They also confer powers upon the Tanzania Communications Regulatory Authority (TCRA) to regulate online content, including through registration of users and platforms, and taking action against non-compliance with the obligations, such as ordering the removal of “prohibited content”.
GENERAL OBJECTIVES OF THE ENACTED REGULATIONS:
- Obligations of the online content providers and users are provided pursuant to the provision of Regulation 5(1) a, b, c, d, e, f, g which stipulates that:
- To ensure that online content is safe, secure and does not contravene the provision of any written law.
- To take into account trends and cultural sensitivities.
- Use moderate tools to filter prohibited content.
- Mechanism to identify source of content.
- To take corrective measures for prohibited content.
- To ensure prohibited content is removed within twelve hours upon being notified.
- Furthermore, the regulations emphasis that there shall be an obligation of application services licensees as provided under Regulation 6 (1) a, b, (2) (3) (4) (5), the same application shall apply to online radios and television intended for broadcasting over the public internet with the objective of informing and entertaining and educating the public, and shall adhere content streamed to abide to regulations governing broadcast services, adhere to journalism ethics and professionalism , payment of fees, adhere to copyright and intellectual property laws and adhering to local content requirements, as provided under Regulation 7 (1) a, b, c, d, e, f, g of the Electronic and Postal Communications (Online Content) Regulations 2018.
- Applicants are required to provide their company details including physical address, shareholding, citizenship of shareholders/directors and tax registration and the Communication regulator has the right to cancel licenses over non-compliance.
- The Authority (TCRA) or any person employed by the Authority shall not disclose any information received or obtained during the exercise of its powers or performing its duties under the provisions of the regulation, except, where the information is required by any law enforcement agency, court of law or other lawfully constituted tribunal, as far as Regulation 11 is concerned.
- Moreover, there shall be an obligation of a Regulatory fee, such as application fee, annual license fee, and after three years renewal fee is required, it is estimated that just to start a blog or a website in Tanzania it will cost up to $1,000.
- For the purpose of clarity hereunder is a table showing online content services fees, made under Regulation 14.
| S No. | Type of licence | Application Fees | Initial Licence Fees | Annual Licence Fees | Renewal Fee | Duration of Licence |
|---|---|---|---|---|---|---|
| 1. | Online content services | TZS 100,000 | TZS 1,000,000 | TZS 1,000,000 | TZS 1,000,000 | 3 Years |
| 2. | Simulcasting Television Licence(streaming content on the internet) | TZS 50,000 | TZS 200,000 | TZS 200,000 | TZS 200,000 | 3 Years |
| 3. | Simulcasting Radio Licence(streaming content on the interenet) | TZS 50,000 | TZS 200,000 | TZS 200,000 | TZS 200,000 | 3 Years |
ONLINE CONTENT SERVICES PROVIDERS SHALL NOT PUBLISH:
- Indecent content save for sex and nudity sex scenes approved by the body responsible for film censorship.
- Obscene content, hate speech, explicit sex acts or pornography, sex crimes, rape or attempted rape andstatutory rape, or bestiality.
- Content that portrays violence, whether physical, verbal or physiological, contents that portray sadisticpractices and torture.
- Contents that causes annoyance, threatens, harm or evil, encourages or incites crime or lead to publicdisorder.
- Content that advocates hate propaganda.
- Content that mat threaten national security.
FURTHER INFORMATION:
This editorial is intended to give you a general over view of the Law. If you would like further information on any issue raised in this column, please contact.
Patrick Sanga
Partner
E: p.sanga@vemmaattorneys.co.tz
M: +255 686 999 993
Bernard Nkwabi
Legal Officer
E: b.nkwabi@vemmaattorneys.co.tz
M: +255 653 374 414