Need to beware as Cyber Law takes effect September 1

Dar es Salaam. Tanzanians have never been active in the social media to the degree we are witnessing this year. And there is no doubt that the activity will increase as October 25 approaches.

But the increased activity has brought challenges to users of the Internet, which include bullying, insulting, silencing or defaming those users who profess a different political ideology or who offer differing views.

A trend has also emerged in social media of publishing false or misleading information with the intention of causing confusion in opposing rival camps.

Moreover, as the elections heat reaches fever pitch, there could be attempts of cyber-attacks or illegal interfering of electronic communication of opponents as part of efforts of dubious political operatives to get an upper hand over their opponents. These incidents have happened before in the country.

But all users of the internet in Tanzania and beyond should be aware that the Cybercrimes Act, whose enforcement starts September 1, comes with harsh punishment that includes jail term and/or hefty fines as well as compensation to the aggrieved parties. All the three could go imposed together to a defendant.

The heaviest sentence under the Act is imprisonment for not less than seven years and a fine of not less than one hundred million. Other activities that are illegal, according to the Cybersecurity law, include sending unsolicited messages to others, conspiracy to commit offence and offences relating to critical infrastructure; publishing child pornography and any pornography in computer systems.

The law also forbids publication of false information, racist and xenophobic material and violation of intellectual property rights.

Section 7(2) (b) of the Cybercrimes Act also holds a person guilty for merely receiving unauthorized information or computer data with or without intention of accessing the same.

Legal experts say that the law will touch even Tanzanians and non-Tanzanians who live outside the country.

“It should be noted that, the Act confers jurisdiction to convict any Tanzanian citizen within or outside the country or a foreigner within or outside the country if this foreigner committed a crime against a person located in Tanzania,” an analysis by Breakthrough Attorneys, a local legal firm, says.

The law was created to protect Tanzanians against cybercrimes by protecting sensitive infrastructures, reduce vulnerability and cyberbullying, and minimize the damage that cyber-attacks may cause.

But the Act has several shortcomings that should be amended to make it more effective, according to legal experts. Some of these shortcomings could result into arbitrary infringement of people’s privacy, while others amount to muzzling the press and limited people’s right to information.

President Jakaya Kikwete has said that the law would be amended to accommodate stakeholders concerns. But until it is amended Internet users should beware and take heed.

The Cybercrime Act was enacted in February and assented to by President Kikwete in April.