Implementation of Cybercrimes Act in Tanzania

Some Constraints

Abstract

The Cybercrimes Act, 2015 [Act No. 14of 2015] contains provisions that aim at combating the problem of cyber criminality in Tanzania. The Act has so far partly achieved its object. The partial achievement is arguably a result of legal and technical challenges that impact implementation of the Act. This article is set to explore the legal and technical constraints that affect the implementation of this Act in Tanzania. The study is based on documentary review of primary and secondary sources of law. It is against such backdrop that various relevant statutory laws, case laws, government reports, research reports and other scholarly works such as books and journals articles relevant to cybercrimes law were reviewed and materials and information obtained for discussion. The findings of the study suggest that the Cybercrimes Act restricts certain constitutional rights such as freedom of speech. The article recommends for the amendment of the Act with a view to, among other things introducing safeguards against risk of abuse of search and seizure powers of electronic devices and data by police, and enhance capacity building to stakeholders especially the online and social media users.