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Cybercrimes Act, 2015

Act 14 of 2015

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Cybercrimes Act, 2015
Citation
Act 14 of 2015
Date
22 May 2015
Language
English
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Tanzania

Cybercrimes Act, 2015

Act 14 of 2015

An Act to make provisions for criminalizing offences related to computer systems and Information Communication Technologies; to provide for investigation, collection, and use of electronic evidence and for matters related therewith.ENACTED by Parliament of the United Republic of Tanzania.

Part I – Preliminary provisions

1. Short title and commencement

This Act may be cited as the Cybercrimes Act, 2015 and shall come into operation on such date as the Minister may, by Notice published in the Gazette, appoint.

2. Application

Save for section 50, this Act shall apply to Mainland Tanzania as well as Tanzania Zanzibar.

3. Interpretation

In this Act, unless the context otherwise requires—“access” in relation to any computer system, means entry to, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any of the resources of the computer system or network or data storage medium;“access provider” means a person who provides electronic data transmission service by transmitting information provided by or to a user of the service in a communication network or providing access to a communication network;“caching provider” means a person who provides an electronic data transmission service by automatic, intermediate or temporary storing information, for the purpose of making more efficient the information's onward transmission to other users of the service upon their request;“child” means a person below the age of eighteen years;“child pornography” means pornographic material that depicts presents or represents:(a)a child engaged in a sexually explicit conduct;(b)a person appearing to be a child engaged in a sexually explicit conduct; or(c)an image representing a child engaged in a sexually explicit conduct;“computer system” means a device or combination of devices, including network, input and output devices capable of being used in conjunction with external files which contain computer programmes, electronic instructions, input data and output data that perform logic, arithmetic data storage and retrieval communication control and other functions;“computer data” means any representation of facts, concepts, information or instructions, in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function;"data storage medium" means any device, article or material from which computer data or information is capable of being stored or reproduced, with or without the aid of any other device or material;“device” includes—(a)a computer program, code, software or application;(b)component of computer system such as graphic card, memory card, chip or processor;(c)computer storage component;(d)input and output devices;“electronic communication” means any transfer of a sign, signal or computer data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic, photo optical system or in any other similar form;“forensic tool” means an investigative tool or device including software or hardware installed on or in relation to a computer system or part of a computer system and used to perform tasks which includes keystroke logging or collection of investigation information about a use of a computer or computer system;“hinder” in relation to a computer system includes—(a)causing electromagnetic interference to a computer system;(b)corrupting a computer system by any means; or(c)inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data;“hosting provider” means a person who provides an electronic data transmission service by storing information provided by a user of the service;“hyperlink” means a symbol, word, phrase, sentence or image that contains path to another source that points to and causes to display another document when executed;"intellectual property rights" means the rights accrued or related to copyright, patent, trade mark and any other related matters;“interception” in relation to a function of computer, includes acquiring, viewing, listening or recording any computer data communication through any other means of electronic or other means, during transmission through the use of any technical device;“law enforcement officer” means a police officer of the rank of Assistant Inspector or above or an investigator of equivalent rank of inspector and above, member of Tanzania Intelligence Service, prosecutor, or any authorized officer of the authority responsible for regulation of communication or any other person authorised in any written law;“Minister” means the Minister for the time being responsible for Information and Communication Technology;“publish” means distributing, transmitting, disseminating, circulating, delivering, exhibit, exchanging, barter, printing, copying, selling or offering for sale, letting on hire or offering to let on hire, offering in any other way, or making available in any way;"property" means property of any kind, whether movable or immovable, tangible or intangible, and includes—(a)any currency either as a legal tender in the United Republic of Tanzania or not;(b)information, including an electronically produced program or data or copy thereof, human or computer-readable data; or(c)any right or interest in property;“racist and xenophobic material” means any material which advocates, promotes or incites hatred, discrimination or violence, against any person or group of persons based on race, colour, descent, national or ethnic origin or religion;“service provider” means a person or party that makes information system services available to third parties;

Part II – Provisions relating to offences and penalties

4. Illegal access

(1)A person shall not intentionally and unlawfully access or cause a computer system to be accessed.
(2)A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of not less than three million shillings or three times the value of the undue advantage received, whichever is greater or to imprisonment for a term of not less than one year or to both.

5. Illegal remaining

(1)A person shall not intentionally and unlawfully, remain in a computer system or continue to use a computer system after the expiration of time which hewas allowed to access the computer system.
(2)A person who contravenes subsection (1) commits an offence and is liable, on conviction to a fine of not less than one million shillings or to imprisonment for a term of not less than one year or to both.

6. Illegal interception

(1)A person shall not intentionally and unlawfully—
(a)intercept by technical means or by any other means—
(i)a non-public transmission to, from or within a computer system;
(ii)a non-public electromagnetic emission from a computer system;
(iii)a non-public computer system that is connected to another computer system; or
(b)circumvent the protection measures implemented to prevent access to the content of non-public transmission.
(2)A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of not less than five million shillings or to imprisonment for a term of not less than one year or to both.

7. Illegal data interference

(1)A person who intentionally and unlawfully—
(a)damages or deteriorates computer data;
(b)deletes computer data;
(c)alters computer data;
(d)renders computer data meaningless, useless or ineffective;
(e)obstructs, interrupts or interferes with the lawfuluse of computer data;
(f)obstructs, interrupts or interferes with any person in the lawful use of computer data; or
(g)denies access to computer data to any person authorized to access it,
commits an offence and is liable on conviction, to a fine of not less than ten million shillings or three times the value of undue advantage received, whichever is greater, or to imprisonment for a term of not less than three years or to both.
(2)A person who—
(a)communicates, discloses or transmits any computer data, program, access code or command to an unauthorized person;
(b)internationally and unlawfully receives unauthorised computer data,
commits an offence and is liable on conviction, to a fine of not less than two million shillings or three times the value of the undue advantage received, whichever is greater, or to imprisonment for a term of not less than one year or to both.
(3)A person who intentionally and unlawfully destroys or alters any computer data, where such data is required to be maintained by law or is an evidence in any proceeding under this Act by—
(a)mutilating, removing or modifying the data, program or any other form of information existing within or outside a computer system;
(b)activating, installing or downloading a program that is designed to mutilate, remove or modify data, program or any other form of information existing within or outside a computer system; or
(c)creating, altering, or destroying a password, personal identification number, code or method used to access a computer system,
commits an offence and is liable on conviction to a fine of not less than twenty million shillings or three times the value of undue advantage received, whichever is greater, or to imprisonment for a term of not less than one year or to both.

8. Data espionage

(1)Without prejudice to the National Security Act, a person shall not obtain computer data protected against unauthorized access without permission.[Cap. 47]
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than twenty million shillings or three times the value of undue advantage received, whichever is greater, or to imprisonment for a term of not less than five years or to both.

9. Illegal system interference

A person who intentionally and unlawfully hinders or interferes with—
(a)the functioning of a computer system; or
(b)the usage or operation of a computer system,
commits an offence and is liable on conviction, to a fine of not less than two million shillings or three times of value the undue advantage received, whichever is greater, or to imprisonment for a term of not less than one year or to both.

10. Illegal device

(1)A person shall not unlawfully deal with or possess:
(a)a device, including a computer program, that is designed or adapted for the purpose of committing an offence;
(b)a computer password, access code or similar data by which the whole or any part of a computer system is capable of being accessed with the intent that it be used by any person for the purpose of committing an offence.
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction, to a fine of not less than ten million shillings or three times the value of undue advantage received, whichever is greater, or to imprisonment for a term of not less than three years or to both.

11. Computer-related forgery

(1)A person shall not intentionally and unlawfully input, alter, delay transmission or delete computer data, resulting in unauthentic data, with the intent that it be acted upon as if it were authentic, regardless of whether or not the data is readable or intelligible.
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than twenty million shillings or three times the value of undue advantage received, whichever is greater, or to imprisonment for a term of not less than seven years or to both.

12. Computer-related fraud

(1)A person shall not cause a loss of property to another person by—
(a)any input, alteration, deletion, delaying transmission or suppression of computer data; or
(b)any interference with the functioning of a computer system, with fraudulent or dishonest intent.
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction, to a fine of not less than twenty million shillings or three times the value of undue advantage received, whichever is greater, or to imprisonment for a term of not less than seven years or to both

13. Child pornography

(1)A person shall not—
(a)publish child pornography, through a computer system; or
(b)make available or facilitate the access of child pornography through a computer system.
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction, to a fine of not less than fifty million shillings or three times the value of undue advantage received, whichever is greater, or to imprisonment for a term of not less than seven years or to both.
(3)A person who is convicted for an offence under this section may, in addition to any other punishment, be adjudged to compensate a person injured by the offence.

14. Pornography

(1)A person shall not publish or cause to be published through a computer system or through any other information and communication technology:
(a)pornography; or
(b)pornography which is lascivious or obscene.
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction, in the case of publication of—
(a)pornography, to a fine of not less than twenty million shillings or to imprisonment for a term of not less than seven years or to both; and
(b)pornography which is lascivious or obscene, to a fine of not less than thirty million shillings or to imprisonment for a term of not less than ten years or to both.

15. Identity related crimes

(1)A person shall not, by using a computer system impersonate another person.
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction, to a fine of not less than five million shillings or three times the value of undue advantage received by that person, whichever is greater, or to imprisonment for a term of not less than seven years or to both.

16. Publication of false information

Any person who publishes information or data presented in a picture, text, symbol or any other form in a computer system knowing that such information or data is false, deceptive, misleading or inaccurate, and with intent to defame, threaten, abuse, insult, or otherwise deceive or mislead the public or councelling commission of an offence, commits an offence, and shall on conviction be liable to a fine of not less than five million shillings or to imprisonment for a term of not less than three years or to both.

17. Racist and xenophobic material

(1)A person shall not, through a computer system—
(a)produce racist or xenophobic material for the purposes of distribution;
(b)offer or make available racist or xenophobic material; or
(c)distribute or transmit racist or xenophobic material.
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than three million shillings or to imprisonment for a term of not less than one year or to both.

18. Racist and xenophobic motivated insult

(1)A person shall not insult another person through a computer system on the basis of race, colour, descent, nationality, ethnic origin or religion.
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than three million shillings or to imprisonment for a term of not less than one year or to both.

19. Genocide and crimes against humanity

(1)A person shall not unlawfully publish or cause to be published, through a computer system, a material which incites, denies, minimises or justifies acts constituting genocide or crimes against humanity.
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than ten million shillings or to imprisonment for a term of not less than three years or to both.
(3)For the purpose of this section, “genocide” shall have a meaning ascribed to it under the Convention on the Prevention and Punishment of the Crime of Genocide, 1948.

20. Unsolicited messages

(1)A person shall not, with intent to commit an offence under this Act—
(a)initiate the transmission of unsolicited messages;
(b)relay or retransmit unsolicited messages, or
(c)falsify header information in unsolicited messages;
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than three million shillings or three times the value of undue advantage received, whichever is greater or to imprisonment for a term of not less than one year or to both.
(3)For the purpose of this section, “unsolicited messages” means any electronic message which is not solicited by the recipient.

21. Disclosure of details of investigation

(1)A person shall not knowingly and unlawfully disclose details of a criminal investigation, which requires confidentiality.
(2)A person who contravenes subsection (1) commits an offence and, is liable on conviction to a fine of not less than ten million shillings or to imprisonment for a term of not less than three years or to both.

22. Obstruction of investigation

(1)A person who intentionally and unlawfully destroy, delete, alter, conceal, modify, renders computer data meaningless, ineffective or useless with intent to obstruct or delay investigation commits an offence and on conviction, is liable to a fine of not less than three million shillings or to imprisonment for a term not less than one year or both.
(2)A person who intentionally and unlawfully prevents the execution or fails to comply with an order issued under this Act, commits an offence and is liable, on conviction, to a fine of not less than three million shillings or to imprisonment for a term of not less than one year or to both.

23. Cyber bullying

(1)A person shall not initiate or send any electronic communication using a computer system to another person with intent to coerce, intimidate, harass or cause emotional distress.
(2)A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than three years or to both.

24. Violation of intellectual property rights

(1)A person shall not use a computer system with intent to violate intellectual property rights protected under any written law.
(2)A person who contravenes subsection (1) commits an offence and in case the infringement is on—
(a)non-commercial basis, is liable to a fine of not less than five million shillings or to imprisonment for a term of not less than three years or both; or
(b)commercial basis, is liable to a fine of not less than twenty million shillings or to imprisonment for a term of not less than five years or to both, in addition, be liable to pay compensation to the victim of the crime as the court may deem just.

25. Principal offenders

(1)Any person who—
(a)does an act or makes an omission which constitutes an offence;
(b)does or omits to do any act for the purpose of enabling or aiding another person to commit an offence;
(c)aids or abets another person in committing an offence;
(d)counsels or procures any other person to commit an offence,
is deemed to have taken part in committing the offence, and shall be charged as a person who committed an offence.
(2)A person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission, the act or omission would have constituted an offence on his part, commits an offence of the same kind and is liable to the same punishment as if he had himself had done the act or the omission.

26. Attempt

(1)Where a person, intends to commit an offence, puts his intention into execution by means adapted to its fulfilment, and manifests his intention by some overt act, but does not fulfil his intention to such extent as to commit the offence, he is deemed to have attempted to commit the offence.
(2)For the purposes of this section, it is immaterial—
(a)except so far as regards to punishment, whether—
(i)the offender does all that is necessary on his part for completing the commission of the offence; or
(ii)the complete fulfilment of his intention is prevented by circumstances independent of his will; or
(iii)he desists of his own motion from further execution of his intention;
(b)that by reason of circumstances not known to the offender it is impossible to commit the offence.
(3)A person who attempts to commit an offence under this Act is guilty of an offence and is liable on conviction to a fine not less than one million shillings or to imprisonment for a term not less than six month or to both.

27. Conspiracy to commi offence

Any person who conspires with another person to commit an offence under this Act, commits an offence, and is liable on conviction to a fine of not less than one million shillings or to imprisonment for a term of not less than one year or to both.

28. Protection of critical information infrastructure

(1)The Minister may, by order published in the Gazette, designate a computer system as critical information infrastructure.
(2)The order under subsection (1) may prescribe guidelines or procedures in respect of—
(a)registration, protection or preservation of critical information infrastructure;
(b)general management of critical information infrastructure;
(c)access to, transfer and control of data in any critical information infrastructure;
(d)integrity and authenticity of data or information contained in any critical information infrastructure;
(e)methods to be used in the storage or archiving data or information in critical information infrastructure;
(f)disaster recovery plans in the event of loss of the critical information infrastructure or any part of critical information infrastructure;
(g)manner and procedure for carrying out audit and inspection on any critical information infrastructure; and
(h)any other matter that is relevant for adequate protection, management and control of data and other resources in a critical information infrastructure.
(3)For the purpose of this section, “critical information infrastructure” includes assets, devices, computer system, or networks, whether physical or virtual so vital to the United Republic of Tanzania that their incapacitation affect national security or the economy and social well being of citizens.

29. Offences relating to critical information infrastructure

Where a person commits an offence under this Act or any written law in relation to critical information infrastructure, that person shall be liable, on conviction to a fine not less than one hundred million shillings or three times the loss occasioned or to imprisonment for a term not less than five years or to both.

Part III – Jurisdiction

30. Jurisdiction

(1)The courts shall have jurisdiction to try any offence under this Act where an act or omission constituting an offence is committed wholly or in part—
(a)within the United Republic of Tanzania;
(b)on a ship or aircraft registered in the United Republic of Tanzania;
(c)by a national of the United Republic of Tanzania;
(d)by a national of the United Republic of Tanzania who resides outside the United Republic of Tanzania, if the act or omission would equally constitute an offence under a law of that country; or
(e)by any person, irrespective of his nationality or citizenship, or location, when the offence is:
(i)committed using a computer system, device or data located within United Republic of Tanzania; or
(ii)directed against computer system, device or data or person located in United Republic of Tanzania.
(2)In this section the term “court” means court of competent jurisdiction.

Part IV – Search and seizure

31. Search and seizure

(1)Police officer incharge of a police station or a law enforcement officer of a similar rank, upon being satisfied that there are reasonable grounds to suspect or believe that a computer system—
(a)may be used as evidence in proving an offence; or
(b)is acquired by any person as a result of an offence,
may issue an order authorizing a law enforcement officer to:
(i)enter into any premise and search or seize a device or computer system;
(ii)secure the computer data accessed; or
(iii)extend the search or similar accessing to another system where a law enforcement officer conducting a search has grounds to believe that the data sought is stored in another computer system or part of it.
(2)The search under this section shall be conducted in accordance with the relevant laws regulating the conduct of search and seizure.
(3)Where a device or computer system is removedor rendered inaccessible following a search or a seizure, the law enforcement officer shall, at the time of the search or as soon as practicable after the search—
(a)prepare a list of items seized or rendered inaccessible and time of seizure; and
(b)issue a copy of that list to the person having control of the computer system.
(4)A person having custody or control of the computer system may request from a law enforcement officer a permission to access or copy computer data on the system after seizure.
(5)Without prejudice to subsection (4), the law enforcement officer may refuse to give access or provide a copy of the information if he has reasonable grounds to believe that giving the access or providing the copy—
(a)would constitute an offence; or
(b)would prejudice—
(i)investigation in connection with the search;
(ii)another ongoing investigation; or
(iii)any criminal proceedings that are pending or that may be instituted in relation to any investigation.
(6)In this section “premise” includes land, buildings, vessel or aircraft.

32. Disclosure of data

(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
(2)The order issued under subsection (1) shall be granted to a law enforcement officer who shall serve the order to the person in possession of the data.
(3)Where the disclosure of data cannot be done under subsection (1), the law enforcement officer may apply to the court for an order compelling:
(a)a person to submit specified data that is in that person’s possession or control; or
(b)a service provider offering its services to submit subscriber information in relation to such services in that service provider’s possession or control.
(4)Where any material to which an investigation relates consists of data stored in a computer system or device, the request shall be deemed to require the person to produce or give access to it in a form in which it is legible and can be taken away.

33. Expedited preservation

(1)Where there is a reasonable ground to believe that a computer data that is required for the purpose of investigation is vulnerable to loss or modification, the police officer incharge of a police station or a law enforcement officer of a similar rank may issue an order requiring the person in control of a device or computer data to preserve the device or computer data for a period not exceeding fourteen days.
(2)The court may, on application, extend the order made under section 35 for such period as the court may deem necessary.

34. Disclosure and collection of traffic data

(1)Where there is a reasonable ground that a computer data is required for the purpose of investigation, 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 the data for—
(a)disclosure, collection or recording of the traffic data associated with a specified communication during a specified period; or
(b)permitting and assisting the law enforcement officer to collect or record that data.
(2)For the purposes of this section, “traffic data” means—
(a)information relating to communication by means of a computer system;
(b)the information generated by computer system that is part of the chain of communication; and
(c)information that shows the communication’s origin, destination, route, time, size, duration or the type of underlying service.

35. Disclosure and collection of content data

Where there is a reasonable ground to suspect or believe that the content of an electronic communication is required for the purposes of investigation, a police officer incharge of a police station or a law enforcement officer of a similar rank may issue an order—
(a)to collect, record, permit or assist the relevant authority to collect or record content data associated with specified communications transmitted by means of a computer system; or
(b)to collect or record the computer data through technical means.

36. Court order

Where the disclosure or preservation of data, under sections 31, 32, 33, 34 and 35, as the case may be, can not be done without the use of force or due to resistance from the part holding data or evidential value of data can be preserved through the order of the court, a law enforcement officer may apply to court for an order for the disclosure or preservation.

37. Use of forensic tool

(1)Where a law enforcement officer is satisfied that essential evidence cannot be collected under this Part, he may apply to the court for an order to authorise the use of a forensic tool.
(2)The application under subsection (1) shall contain—
(a)the name and address of the suspect;
(b)a description of the targeted computer system; and
(c)a description of the intended measures, purpose, extent and duration of the utilization.
(3)The law enforcement officer shall ensure that any modification made to the computer system or computer data of the suspect are limited to the investigation and that any changes reversed after the completion of the investigation is restored into the system.
(4)During investigation, the law enforcement officer shall log—
(a)the technical means used and time and date of the application;
(b)the identification of the computer system and details of the modification undertaken within the investigation;
(c)any information obtained;
(5)The information obtained under this section shall be protected against any modification, unauthorized deletion and unauthorized access.
(6)The authorization under this section shall be valid for a period of fourteen days.
(7)The court may, on application, extend the period under subsection (6) for a further period of fourteen days or to such other period as it deems necessary.
(8)Where the installation process requires a site visit, the requirements of section 30 shall apply.
(9)In addition to the order granted under subsection (1), the court may, on application, order the service provider to support the installation process of the forensic tool.
(10)The Minister may, by notice published in the Gazette, prescribe offences under which the court may grant an order for utilization of a forensic tool.

38. Hearing of application

The proceedings for hearing of an application under this part shall be exparte and in camera.

Part V – Liability of service providers

39. Monitoring obligation

(1)When providing services in accordance with the provisions of this Part, a service provider shall not—
(a)monitor the data which the service provider transmit or store; or
(b)actively seek facts or circumstances indicating an unlawful activity.
(2)The Minister may prescribe procedures for service providers to—
(a)inform the competent authority of alleged illegal activities undertaken or information provided by recipients of their service; and
(b)avail competent authorities, at their request, withinformation enabling the identification of recipients of their service.
(3)A service provider shall not be liable for disclosure, by a third party, of data lawfully made available to the third party upon proving that—
(a)the third party acted without the knowledge of the service provider; or
(b)the service provider exercised due care and skill to prevent the disclosure of such data.
(4)Where a service provider has knowledge of illegal information, or activity he shall—
(a)remove the information in the computer system within the service providers control;
(b)suspend or terminate services in respect of that information or activity; and
(c)notify appropriate law enforcement authority of the illegal activity or information, relevant facts and the identity of the person for whom the service provider is supplying services in respect of the information.

40. Access provider

(1)An access provider shall not be liable for providing access, transmitting or operating computer system in respect of third-party material in the form of electronic communication to which he merely provides access to or for operating facilities via a computer system under his control, provided that he—
(a)does not initiate the transmission;
(b)does not select the receiver of the transmission; or
(c)does not select or modify the information contained in the transmission.
(2)The transmission and provision of access referred to in subsection (1) include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place—
(a)for the purpose of carrying out the transmission in the information system;
(b)in a manner that makes it inaccessible to a person other than the anticipated recipient; and
(c)for a period no longer than is reasonably necessary for the transmission.

41. Hosting provider

(1)A hosting provider is not liable for information stored at the request of a user of the service, on condition that the hosting provider—
(a)immediately removes or disables access to the information after receiving an order from any competent authority or court to remove specific illegal information stored; or
(b)upon becoming aware of illegal information stored in means than a competent authority, shall immediately inform the relevant authority.
(2)The provision of subsection (1) shall not apply where the user of the service is acting under the authority or control of the hosting provider.

42. Caching provider

A caching provider shall not be liable for the storage of information provided that the caching provider:
(a)does not modify the information;
(b)complies with conditions of access to the information;
(c)complies with rules regarding the updating of the information;
(d)does not interfere with the lawful use of the technology widely recognised and used in the industry, to obtain data on the use of the information; and
(e)acts immediately to remove or to disable access to the information it has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or the relevant authority has ordered such removal or disablement.

43. Hyperlink provider

A hyperlink provider is not liable for the information linked provided that the hyperlink provider:
(a)immediately removes or disables access to the information after receiving an order to do so from the relevant authority; and
(b)upon becoming aware of the specific illegal information stored by other ways than an order from a public authority, immediately informs relevant authority.

44. Search engine provider

(1)A search engine provider is not liable for search results, on condition that the search engine provider—
(a)does not initiate the transmission;
(b)does not select the receiver of the transmission; and
(c)does not select or modify the information contained in the transmission.
(2)For the purpose of this section, “a search engine provider” is a person who makes or operates a search engine whtih creates an index of internet related content or makes available electronic tools to search for information provided by third party.

45. Take-down notification

(1)A person may, through a take-down notification, notify the service provider of—
(a)any data or activity infringing the rights of the recipient or of a third party;
(b)any unlawful material or activity; or
(c)any other matter conducted or provided contrary to the provisions of any written law.
(2)For purposes of this part, a takedown notification shall be in a permanent medium addressed by the complainant to the service provider or its designated agent and shall include—
(a)the full names and address of the complainant;
(b)the signature of the complainant;
(c)identification of the right that has allegedly been infringed;
(d)identification of the material or activity that is claimed to be the subject of unlawful activity;
(e)the remedial action required to be taken by the service provider in respect of the complaint;
(f)a statement that the complainant is acting in good faith; and
(g)a statement by the complainant that the information in the take-down notification is to his knowledge true or correct
(3)A person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts, commits an offence and is liable, on conviction, to a of fine not less than five million shillings or to imprisonment of a term of not less than one year or to both.
(4)A service provider who fails to take action on the take-down notification received under this section, shall be charged as a person who initiated the contents of subsection (1).
(5)Any person who communicates a take-down notification to a service provider and the service provider fails to act upon the notification, the person may notify a competent authority of the failure to take-down and the competent authority may take down or order the service provider to act on the take down notification or take any other measures to resolve the matter.
(6)A service provider shall not be liable for a take­down done in compliance to a notification under this Act.

46. Other obligations not affected

This Part shall not affect obligation of a service provider that—
(a)has been formed by an agreement;
(b)is acting as such under a licensing or other regulatory regime established under any written law;
(c)has been imposed by law or by order of a court to remove, block or deny access to any electronic communication or to terminate or prevent unlawful activity.

Part VI – General provisions

47. Immunity

(1)Notwithstanding any other law to the contrary, anything done by law enforcement officer in the execution of functions conferred upon such law enforcement officer under this Act, render such law enforcement officer personally liable for such matter or thing.
(2)A person shall not be liable in respect of the performance of any act or omission where such act or omission was done in good faith and without negligence in accordance with the provisions of this Act.

48. Forfeiture of property

(1)In addition to a penalty imposed under this Act, the court may order forfeiture of any—
(a)property constituting traceable proceeds of such offence; and
(b)device or property used or intended to be used to commit or to facilitate the commission of the offence.
(2)In addition to an order that may be made under subsection (1), the court may order the convicted person to pay the victim of the offence such compensation as the Court may deem just.

49. Offence by body corporate

If a corporate body is convicted of an offence under this Act, every person who, at the time of commission of the offence was—
(a)a director, officer or is otherwise concerned with the management of, the corporate body; or
(b)knowingly authorised or permitted the act or omission constituting the offence, is deemed to have committed the same offence unless every such person proves that the commission of the offence took place without his consent or that he exercised due diligence to prevent the commission of offence and may be proceeded against and punished accordingly.

50. Compounding of offences

(1)Without prejudice to any other law in force in Mainland Tanzania, the Director of Public Prosecutions may, at any time prior to the commencement of court proceedings and subject to a voluntary admission of the commission of offence under this Act, compound the offence and order that person to pay a sum of money specified by him but not exceeding the amount of fine prescribed for any of such offence.
(2)The compounding order under subsection (1) shall be—
(a)in writing, specifying the offence committed, the sum of money to be paid and the date for payment and have attached the written admission referred to in sub-section (1);
(b)final and not subject to any appeal; and
(c)enforced in the same manner as an order of the High Court.

51. Power to make regulations

The Minister may make regulations with respect to any matter which, by this Act, is required to be prescribed or which is necessary for giving effect to this Act.

Part VII – Consequential amendments

(a) – Amendment of the Electronic and Postal Communications Act, 2010

52. Construction

This Part shall be read as one with the Electronic and Postal Communications Act, hereinafter referred to as the “principal Act”.[No. 3 of 2010]

53. Amendment of section 124

The principal Act is amended in section 124, by—
(a)deleting the marginal note and substituting for it the following “Establishment of the National Computer Emergency Response Team”
(b)deleting sub-section 3.

(b) – Amendment of the Penal Code, Cap.16

54. Construction

This Part shall be read as one with the Penal Code, hereinafter referred to as the “principal Act”.[cap. 16]

55. Amendment of section 109

The principal Act is amended in section 109, by:
(a)designating sectin 109 as section 109(1);
(b)inserting the word “device” immediately after the word “document” that appears in subsection (1) as renamed.

(c) – Amendment of the Anti-Money Laundering Act, Cap.423

56. Construction

This Part shall be read as one with the Anti­Money Laundering Act, hereinafter referred to as the principal Act.[cap.423]

57. Amendment of section 3

The principal Act is amended in section 3, by—
(a)inserting a new paragraph (r) immediately after paragraph (q) appearing in the definition of the term “predicate offence” as follows:“
(r)offences under Cyber Crimes Act, 2015” and
(b)renaming paragraphs (r) to (y) as paragraphs (s) to (z).

(d) – Amendment of the Extradition Act, Cap.368

58. Construction

This Part may be cited as the Extradition Act, and shall be read as one with the Extradition Act, hereinafter referred to as the principal Act.[cap.368]

59. Amendment of the schedule

The principal Act is amended in the Schedule by adding immediately after the heading “slave dealings” the following:“Cybercrimes Offences under the Cybercrimes Act, 2015.”

History of this document

11 October 2024 amendment not yet applied
01 September 2015
Commenced

Note: 2023 R.E. cites GN.528 for commencement date.

22 May 2015 this version
25 April 2015
Assented to

Cited documents 4

Act
3
Ordinance
1

Documents citing this one 24

Judgment
19
Raymond Paul Kanegene and Another vs Attorney General (Consolidated Misc. Civil Cause 15 of 2019) [2020] TZHC 4032 (26 November 2020)
Applicants’ challenge to Cybercrimes Act sections 16 and 39(2) for violating privacy and expression is dismissed.
* Constitutional law – Cybercrimes Act – Sections 16 and 39(2)(a)&(b) – Alleged infringement of right to privacy (Art.16) and freedom of expression (Art.18). * Statutory interpretation – constitutionality assessed from text, not speculative abuse; presumption of constitutionality. * Administrative powers – Minister’s power to prescribe procedures for service providers; existence of regulations (GN No.224/2016) and judicial review as safeguards. * Res judicata – earlier challenges to other provisions did not bar fresh challenge to different provisions.
Boniface Jacob (ex-mayor Ubungo) vs Republic (Criminal Revision No. 31235 of 2024) [2024] TZHC 9797 (28 November 2024)
High Court cannot revise interlocutory ex parte subordinate-court orders; application challenging phone-access order struck out as incompetent.
* Criminal procedure – Revision – Whether High Court may revise interlocutory/ex parte orders of subordinate courts – interaction of s.372(1) and s.372(2) CPA and s.43(2) MCA. * Civil procedure – Competence of applications – omnibus applications and related-prayers exception. * Cybercrime – interim investigative orders (access to phones/social media) challenged by revision.
Dr. Wilbroad Peter Slaa vs Republic (Criminal Revision No. 1688 of 2025) [2025] TZHC 85 (30 January 2025)
High Court declines premature revision of pending trial court proceedings; orders record returned for expeditious ruling on charge validity.
Criminal procedure – Revision under s.372(1) CPA – Intervention in pending subordinate proceedings; Criminal procedure – s.131A CPA – Filing charges before completion of investigation; Judicial restraint – Superior court should not usurp pending determinations of trial court; Remedy – remit record for expeditious determination of reserved ruling.
Paul Kisabo vs Minister of Information, Communication and Information Technology & Others (Misc. Civil Cause No. 27860 of 2024) [2024] TZHC 1970 (3 May 2024)
Applicant has a constitutional right to access Clubhouse, but no evidence showed state restriction; petition dismissed.
Digital rights – access to social media – Clubhouse – constitutional right to seek, receive and impart information online; limitation of rights – three‑part test (prescribed by law, legitimate aim, necessary and proportionate); burden of proof in constitutional claims; admissibility/credibility of third‑party network reports (OONI); regulatory powers of TCRA to block or restrict under law.
Amina Mohamed @ Fani Mohamed vs Gulam Hussein Dewji Remtullah @ Gulam (DC Civil Appeal Case 5 of 2020) [2022] TZHC 14417 (30 September 2022)
Electronic exhibit improperly admitted and expunged; remaining evidence proved defamation but 6% monthly interest on damages quashed.
* Civil procedure – production of additional documents under Order XIII, Rule 1 – filing after Plaint and admissibility by consent. * Evidence – electronic evidence – Section 64A Evidence Act and Section 18(2) Electronic Transactions Act – reliability, integrity and origin requirements; failure to read/display contents; expungement. * Defamation – publication, meaning of words, proof on balance of probabilities, and effect on reputation. * Defence of qualified privilege – limits where statements made in public rallies and proper land dispute forums required. * Damages – assessment of general damages upheld; improper award of interest quashed.
Boniface Maombe & Others vs Republic (Misc. Criminal Application 161 of 2019) [2019] TZHC 177 (4 December 2019)
Application dismissed due to defective affidavit, a non-bailable money laundering count, and applicants' failure to file submissions.
Criminal procedure – affidavit objections – legal argument and undisclosed sources in affidavit; Non-bailable offences – money laundering under s.148(5)(a)(iv) C.P.A. (as amended) bars grant of bail; Prematurity – bail application at committal stage; Procedure – failure to file written submissions amounts to want of prosecution leading to dismissal.
David Peter @ Sembosi & Another vs Republic [2023] TZHC 18331 (12 June 2023)
Conviction for alleged online copyright piracy quashed for lack of reliable link and defective electronic evidence.
Cybercrime / Intellectual property – allegation of website-based piracy; Electronic evidence – admissibility and weight under s.64A Evidence Act and s.18 Electronic Transactions Act (reliability, integrity, origin); chain of custody and identification of seized devices (serial numbers, certificates of seizure); defective affidavit and admissibility of investigator’s report; proof beyond reasonable doubt.
Director of Public Prosecution vs Mbarikiwa Dickson Mwakipesile (Criminal Appeal No. 23410 of 2024) [2024] TZHC 9337 (7 November 2024)
Court allowed late filing of submissions due to incomplete trial records and ordered the appeal to proceed on merits.
Civil procedure — Written submissions — Failure to file as equivalent to non-appearance — Leave to file out of time — Sufficient reasons required where typed trial proceedings incomplete — Discretion to allow late filings and proceed on merits.
Director of Public Prosecutions vs Abdul Mohamed Omary Nondo (RM Criminal Appeal 10 of 2019) [2019] TZHC 195 (23 December 2019)
Message to one person is not ‘publication’ under Cyber Crimes Act; prosecution failed to prove falsity and intent, appeal dismissed.
Criminal law – Cyber Crimes Act s.16 – publication requires communication to the public; sending message to one person is not publication; evidential weight vs admissibility of exhibits; false report to public officer – burden to prove falsity and resultant misuse of power; police investigative duty and improper treatment of complainant as suspect.
Dr. Wilbroad Peter Slaa vs Republic (Criminal Revision No. 1937 of 2025) [2025] TZHC 86 (30 January 2025)
High Court may examine subordinate interlocutory proceedings; unjustified adjournments of bail matters must be expeditiously remedied.
Criminal procedure — Revision under section 372(1) CPA — High Court power to call for and examine subordinate court records even where interlocutory matters remain undecided; Bail — adjournments and right to liberty — bail objections engage urgent consideration and should normally be heard at first arraignment; Registry practice — separate miscellaneous bail objections may cause delay but do not necessarily vitiate proceedings; Judicial conduct — competence and ethics issues not remedied via section 372(1) revision.
JOT Documents and Guidelines
2
Gazette
1
Journal
1
Law Reform Report
1

Subsidiary legislation

Title
Cybercrimes (General) (Amendment) Regulations, 2017
Government Notice 86 of 2017
Cybercrimes (General) Regulations, 2016
Government Notice 224 of 2016
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