On the 17th July 2020, the Government through Government Notice No. 538 published The Electronic and Postal Communications (Online Content) Regulations, 2020 (the Regulations) replacing the Electronic and Postal Communications (Online Content) Regulations, 2018.
The Regulations are intended to regulate the provision of online content which is defined to mean information in form of speech or other sound, data, text or images whether still or moving except where transmitted in private communications.
All online content service providers (OSP), internet service providers (ISP), application services licensees (ASL), online content users (OCU) and any other related online content (ROC) are as a matter of law required to comply with the Regulations.
The Regulations prohibit any person from providing online content services without first obtaining a licence from the Tanzania Communications regulatory Authority (TCRA).
Online content licences are categorized into:
- licence for provision of predominant news and current affairs issued to an online content service provider whose content covers news, events and current affairs. A licensee under this category is expected to:
- adhere to journalism ethics, professionalism, and local content requirements.
- submit to the regulator the proof of staff academic qualifications and a human resource development plan.
- adhere to ownership and corporate obligations provided under the Electronic and Postal Communications Act, 2010 which include local ownership requirements.
- licence for provision of predominant entertainment content issued to an online content service provider whose content covers music, movies, series, plays, drama, comedy, sports and any other related entertainment content.
- licence for provision of predominant education and religious content issued to an online content service provider whose content covers religious information and content that aims at educating.
- simulcasting licence issued to mainstream broadcasting licensee with national coverage rights. This licence is limited to mainstream content service provider with national licence. Mainstream broadcasting licensees with district and regional licences are prohibited from simulcasting content using online platform.
Irrespective of the category of a licence, a licensee has an obligation to provide other content in respect to matters of national security, public safety and crisis or emergencies.
The Authority may suspend or revoke the licence, upon satisfaction that the terms and conditions to which a licence is issued have been violated or breached.
Licensees have an obligation to observe the following:
- ensure that online content is safe, secure and does not contravene the provisions of any written law.
- consider trends and cultural sensitivities of the general public.
- establish policy or guideline on online content safe use and make it available to online content users.
- use moderating tools to filter prohibited content.
- have in place mechanisms to identify source of content.
- take corrective measures for objectionable or prohibited content.
- ensure that prohibited content (the Regulations provide a list of prohibited content) is removed immediately upon being ordered to so by TCRA.
- not access, store, keep, publish, circulate, or broadcast prohibited content.
- be responsible and accountable for the information he/she publishes.
- use password to protect any user equipment, access equipment or hardware to prevent unauthorized access or use by unintended persons.
- cooperate with law enforcement officers in pursuing functions under these Regulations.
- pay regulatory fees.
The Regulations require internet café operators to:
- ensure that all computers used for public internet access at the cafe are assigned static public IP addresses.
- establish and publish a safe internet use policy for safe use of the internet with regards to online content and post it on a conspicuous place, computer home screen or display it on a visible area for users to read before using the service.
- put in place a mechanism to filter access to prohibited content.
- install surveillance camera to record and archive activities inside the café.
- keep a proper service user register and ensure every person using internet service is registered upon showing a recognized identity card.
- Keep for a period of twelve months all images recorded by surveillance camera and the register of users.
The Regulations stipulate offences and penalties as follows:
- The provision of online content without a licence issued by TCRA is an offence punishable by a fine of not less than five million shillings or twelve months imprisonment or to both.
- Commission of an offence where no specific punishment has been provided is punishable by a fine of not less than five million shillings or imprisonment for a term of not less than twelve months or both.
- Where a breach under the Regulations is committed by a licensee, TCRA may subject the licensee to the Content Committee which may take one or more of the following actions:
- issue a warning to the licensee;
- require the licensee to issue an apology to the public and the victim of complained content;
- order removal of the content; or
impose a fine in accordance with the Act.