Prof Makame Mbarawa, Communication, Science and Technology minister.
The Cybercrime Bill President Jakaya Kikwete assented to in April comes into effect today.
The government has said the timing of the enactment and application of the much-contested piece of legislation is well-intended and not meant to interfere with the run-up to the October 25 General Election.
Tanzania is not the first country to have a cybercrime law, but media stakeholders, activists and donors say it will infringe on the freedom of the press and expression.
However, the government maintains that the Act will help address new forms of crime not covered under existing laws.
According to the government, the Cybercrimes and Electronic Transactions Acts will not infringe on democracy and the freedom of people to access information.
Addressing journalists yesterday in Dar es Salaam Communication, Science and Technology minister Prof Makame Mbarawa said the government has completed “essential preparations”, including providing civic education and capacity building to the law enforcers, ready for the two laws to take effect.
He said the law on cybercrime had nothing to do with elections, adding: “It was just the timing of the enactment and application of the Act. The Act is well-intended and is not meant to interfere with the October 25 General Election.”
“I would like to call upon the citizenry to consider the correct and safe use of communication and computer network services for individual benefits and national development. The proper use of the networks has a number of profits to the public,” he said.
Prof Mbarawa said the two Acts were relevant and useful to the public, “especially at this time when cybercrime is on increase”, noting that the absence of cybercrime and electronic transaction laws “has made people face difficulties, especially when they are victims of cybercrimes”.
“The Cybercrime Act makes provisions for criminalising offences related to computer systems and information communication technologies; to provide for investigation, collection and use of electronic evidence and for matters related therewith,” said the minister.
Section 16 state, in part: “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 mislead the public or counselling commission of an offence; commits an offence.”
Section 11(1), on computer-related forgery, meanwhile states: “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.”
Under sub-section (2), a person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than 20 million/- 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.
Section 20 (1), on unsolicited messages, stipulates: “A person shall not with intent to commit an offence under this Act (a) initiate the transmission of unsolicited messages.”
Sub-section (3): “For the purpose of this section, ‘unsolicited messages’ means any electronic message which is not solicited by the recipient 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.”
Meanwhile, the Electronic Transactions Act provides for the legal recognition of electronic transactions, e-Government services, the use of Information and Communication Technologies in collection of evidence, admissibility of electronic evidence, to provide for the facilitation of use secure electronic signatures, and to provide for other related matters.
In April, after the National Assembly has passed it, the respective bill came under scathing criticism particularly from human rights activists. They said it violated freedom of the press, expression and the right to access information as provided for under Article 18 of the Tanzanian Constitution of 1977.
The activists threatened to demand that courts of law intervene by examining and adjudicating on the legality and constitutionality of both the Cybercrimes Act, 2015 and the Statistics Act, 2013.
President Kikwete has since said the law would be amended to accommodate stakeholders’ concerns and that, until such time that it is amended, Internet users must observe it to the letter.
SOURCE: THE GUARDIAN
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