The Cybercrimes Act, 2015 of Tanzania
May 2015
National Regulations
The Cybercrimes Act, 2015 of Tanzania was enacted to address offences involving computer systems and information communication technologies (ICT). This legislation is pivotal for defining, penalising, and regulating unlawful activities conducted in cyberspace, ensuring the integrity of ICT infrastructure, and safeguarding users against exploitation and harm. It provides mechanisms for the investigation and prosecution of cybercrimes, establishes jurisdictional authority, and defines the liabilities of service providers.
This Act represents a critical legislative measure for combating the growing threats posed by cybercrime, particularly given the increasing reliance on ICT for socioeconomic activities in Tanzania. It also reinforces existing legal frameworks by enabling the collection and use of electronic evidence to prosecute offenders.
Overview of the Parts
The Act is structured into seven parts, each addressing a specific aspect of cybercrime prevention and regulation:
Part I: Preliminary Provisions
This section defines the scope of the Act and its application to both Mainland Tanzania and Zanzibar and includes essential definitions of terms such as ‘computer system,’ ‘access provider,’ and ‘child pornography.’
Part II: Provisions Relating to Offences and Penalties
This part outlines offences such as:
- Illegal access, interception, and system interference
- Data espionage and illegal use of devices
- Computer-related forgery and fraud
- Child pornography and obscene content
- Identity theft, publication of false information, and racist content
- Cyberbullying and intellectual property violations It specifies penalties for offenders, including fines and imprisonment.
Part III: Jurisdiction
Defines the jurisdiction of Tanzanian courts to try offences committed:
- Within the country or involving Tanzanian nationals
- Against computer systems or devices located in Tanzania, even if initiated outside the country
Part IV: Search and Seizure
This section provides law enforcement with the authority to:
- Conduct searches and seizures of devices and data
- Preserve and disclose data
- Use forensic tools to collect evidence
It emphasises procedural safeguards and court orders to ensure lawful investigation practices.
Part V: Liability of Service Providers
Details the responsibilities and liabilities of service providers, including:
- No obligation to monitor data actively
- Hosting, caching, hyperlink, and search engine providers’ specific obligations
- Procedures for takedown notifications This part protects service providers from liability under certain conditions while obliging them to report illegal activities.
Part VI: General Provisions
Covers broader legal aspects, including:
- Immunity for law enforcement officers performing their duties
- Provisions for forfeiture of property used in committing offences
- Regulations for offences by corporate bodies
- Compounding offences and prescribing penalties
Part VII: Consequential Amendments
Amends related laws to align with the Cybercrimes Act, including:
- The Electronic and Postal Communications Act
- The Penal Code
- The Anti-Money Laundering Act
- The Extradition Act