Kurzweil
JF-Expert Member
- May 25, 2011
- 6,622
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Serikali ya Tanzania imetambulisha tozo mpya ya kiasi cha Shilingi Milioni 2,106,170 sawa na Dola za Kimarekani $930 kwa wote wanaotaka kuendesha blogu za mtandaoni, hatua inayoleta mkakati mpya wa kuhakikisha Serikali inakuwa na mamlaka makubwa kwa vyombo hivi.
Matakwa haya mapya ya Serikali yanawataka wamiliki wote wa blogu kulipia na kujisajili kabla ya kuanza kuchapisha au kuweka maudhui katika mitandao yao
Lakini hatua hii haitawaathiri waendeshaji wa blogu pekee bali redio za mtandaoni, warushaji wa matangazo kwa njia ya mtandao, majukwaa ya mtandao(JamiiForums), watumiaji wa mitandao ya kijamii na vituo vya kutolea huduma ya mtandao.
YEYOTE anayetaka kuanza kutoa maudhui mtandaoni ni lazima ajisajili TCRA.
Kila mwenye kifaa(device) kama simu, laptop n.k lazima akiwekee nywila(password) na kutofanya hivyo ni kinyume na sheria hivyo utakumbana na adhabu chini ya kifungu cha 18.
Watoaji wa maudhui ya mtandaoni watatakiwa kukusanya taarifa za wateja wao na watatakiwa kuzipa mamlaka pale taarifa hizo zinapohitajika kwa mujibu wa kifungu cha 5(e).
Adhabu endapo hutozingatia kanuni hizi (kifungu cha 18):
======
CNN: As part of sweeping new internet regulations, the Tanzanian government has introduced a $930 fee for those wanting to have an online blog, giving the authorities unprecedented control over the internet.
The government now requires all bloggers to pay the annual fee and register before they begin publishing material.
It's not just bloggers affected by the provisions, but online radio stations, online streaming platforms, online forums, social media users and internet cafes.
Bloggers are asked to provide a lengthy list of details, including share capital, tax certificates, estimated investments and other information to secure accreditation.
The legislation, officially known as the Electronic and Postal Communications (Online Content) Regulations 2018, also sets out a series of prohibited content, including "content that causes annoyance... or leads to public disorder."
Additionally, internet cafes are required to install surveillance cameras. Breaking these stipulations permits the regulatory authorities to revoke licenses.
Local newspapers have reported that the government has introduced the regulations to curb "moral decadence."
CNN has reached out to the Tanzanian government for comment but did not get immediate response.
Digital activist Maxence Melo is the founder of JamiiForums, a Swahili-language whisteblowing and blogging site. He was charged in 2016 under a cybrercrimes law. The hashtag [HASHTAG]#FreeMaxenceMelo[/HASHTAG] was launched after he was arrested.
Internet rights activists argue the new laws restrict freedoms.
"These regulations were supposed to uphold citizens' rights to privacy, access to information and free expression," Maxence Melo, the director of the JamiiForums, the "Swahili Wikileaks," told CNN. "We have completely lost our Freedom on the Cyberspace."
The new regulations come after a series of controversial laws introduced in the past few years, which Freedom House reports, are widely considered to be tools used to suppress media critical of the government.
Laws, such as the Cybercrimes Act 2015, have been used to charge Melo, for instance, in 2016 for allegedly obstructing an investigation.
A policy briefing released by Collaboration on International ICT Policy for East and Southern Africa (CIPESA) stated the new regulations threaten freedom of expression and the right to communicate information -- a right guaranteed in Article 18 of the country's constitution.
The $930 blogging fee will likely be a barrier for many people in a country where, according to the World Bank in 2016, GDP per capita was just $878 a year.
=====
AL JAZEERA: Bloggers, social media influencers and online platforms will now have to apply for a licence and pay a fee of $930 if they want to keep their sites up.
Tanzania's government has approved a new law that regulates content online. Bloggers, social media influencers and online platforms will now have to apply for a licence and pay a fee of $930 if they want to keep their sites up.
The "Electronic and Postal Communications Regulation 2018" gives the government the right to revoke permit if a site publishes content "that leads to public disorder" and "threatens national security".
Rights groups are concerned that this could affect freedom of expression in the country.
Tanzania law for online content 'threatens free speech'
=====
CIPESA: Under obligations of internet cafes, the final regulations introduced two clauses that threaten user privacy. Under regulation 9, café owners are required “to ensure that all computers used for public internet access are assigned public static IP addresses”. This could inhibit the use of circumvention tools such as Virtual Private Networks (VPN) that rely on dynamic IP address protocols, and which citizens resorted to using in neighbouring Uganda during state-initiated interruptions to communications.
Further, the regulations extend café owners’ obligations to install camera equipment to include registration of users “upon showing a recognised identity card”. Pursuant to regulation 9(2), recorded surveillance and the user register “shall be kept for a period of twelve months.”
Several regressive provisions from the draft version were also passed. Regulation 6(1) requires licenced service providers who provide online content or facilitate online content production to terminate or suspend subscriber accounts and remove content if found in contravention of the regulations, within 12 hours from the time of notification by TCRA or by an affected person. This requirement places a heavy technical and human resource burden on content hosts and providers to have in place competencies to handle complaints within 12 hours.
Swift content restriction or removal is also required of online content hosts under regulation 8(b) and content providers and users under regulation 5(1)(g). As we argued in an earlier brief, while content such as revenge pornography and that which promotes violent extremism may be justifiably removed promptly, there is a danger that the regulations may be applied unjustifiably to content such as that relating to exposure of corruption or human rights violations.
Whereas regulation 16 provides for a complaints handling procedure, the regulations do not provide for the process nor mechanisms for legal recourse over contested content.
Regulation 5(1)(e) requires content providers to “have in place mechanisms to identify source of content”. This obligation poses a threat to the right to anonymity and whistleblowing and may lead to self-censorship.
Moreover, Regulation 12 on content prohibited from publication lists restrictions with broad definitions and which have potential to limit freedom of expression. In terms of scope, it includes unspecified content that “causes annoyance”; “uses disparaging or abusive words which is calculated to offend an individual or a group of persons”; and is “crude”, “obscene” or “profane” including in local languages.
Regulation 12 also prohibits publication of “false content which is likely to mislead or deceive the public except where it is clearly pre-stated that the content is i) satire and parody ii) fiction; and iii) where it is preceded by a statement that the content is not factual.”
Nonetheless, the regulations have some positive elements, among them regulation 10(b) which requires users to use device passwords to ensure that unscrupulous and unauthorized persons do not access their social media accounts.
The requirement for provision of easily accessible user terms and conditions by licensed service providers, adoption of a code of conduct for content hosting, and publication of a safe internet use policy for internet cafes, are also commendable in promoting user awareness of platform policies. The regulations also provide important safeguards for child protection online, such as regulation 13 which prohibits children’s to access to prohibited content online.
In a boost to privacy and data protection, regulation 11 prohibits unauthorised disclosure of “any information received or obtained” under the provisions of the regulations, except where the information is required for law enforcement purposes. Furthermore, regulation 11 restricts use of information only to the “extent” that is “necessary for the proper performance of official duties.” Nonetheless, in the absence of data protection and privacy legislation in Tanzania, these safeguards could be rendered of little value and hence prone to abuse.
It remains to be seen how the new regulations will be enforced and how they will impact on citizens’ rights online. However, given Tanzania’s history of predatory action against internet users following the enactment of the Cybercrime Act, 2015, the new regulations are likely to be utilised to further undermine the internet freedom situation in the country.
Matakwa haya mapya ya Serikali yanawataka wamiliki wote wa blogu kulipia na kujisajili kabla ya kuanza kuchapisha au kuweka maudhui katika mitandao yao
Lakini hatua hii haitawaathiri waendeshaji wa blogu pekee bali redio za mtandaoni, warushaji wa matangazo kwa njia ya mtandao, majukwaa ya mtandao(JamiiForums), watumiaji wa mitandao ya kijamii na vituo vya kutolea huduma ya mtandao.
YEYOTE anayetaka kuanza kutoa maudhui mtandaoni ni lazima ajisajili TCRA.
Kila mwenye kifaa(device) kama simu, laptop n.k lazima akiwekee nywila(password) na kutofanya hivyo ni kinyume na sheria hivyo utakumbana na adhabu chini ya kifungu cha 18.
Watoaji wa maudhui ya mtandaoni watatakiwa kukusanya taarifa za wateja wao na watatakiwa kuzipa mamlaka pale taarifa hizo zinapohitajika kwa mujibu wa kifungu cha 5(e).
Adhabu endapo hutozingatia kanuni hizi (kifungu cha 18):
======
CNN: As part of sweeping new internet regulations, the Tanzanian government has introduced a $930 fee for those wanting to have an online blog, giving the authorities unprecedented control over the internet.
The government now requires all bloggers to pay the annual fee and register before they begin publishing material.
It's not just bloggers affected by the provisions, but online radio stations, online streaming platforms, online forums, social media users and internet cafes.
Bloggers are asked to provide a lengthy list of details, including share capital, tax certificates, estimated investments and other information to secure accreditation.
Additionally, internet cafes are required to install surveillance cameras. Breaking these stipulations permits the regulatory authorities to revoke licenses.
Local newspapers have reported that the government has introduced the regulations to curb "moral decadence."
CNN has reached out to the Tanzanian government for comment but did not get immediate response.
Internet rights activists argue the new laws restrict freedoms.
"These regulations were supposed to uphold citizens' rights to privacy, access to information and free expression," Maxence Melo, the director of the JamiiForums, the "Swahili Wikileaks," told CNN. "We have completely lost our Freedom on the Cyberspace."
The new regulations come after a series of controversial laws introduced in the past few years, which Freedom House reports, are widely considered to be tools used to suppress media critical of the government.
Laws, such as the Cybercrimes Act 2015, have been used to charge Melo, for instance, in 2016 for allegedly obstructing an investigation.
A policy briefing released by Collaboration on International ICT Policy for East and Southern Africa (CIPESA) stated the new regulations threaten freedom of expression and the right to communicate information -- a right guaranteed in Article 18 of the country's constitution.
The $930 blogging fee will likely be a barrier for many people in a country where, according to the World Bank in 2016, GDP per capita was just $878 a year.
=====
AL JAZEERA: Bloggers, social media influencers and online platforms will now have to apply for a licence and pay a fee of $930 if they want to keep their sites up.
Tanzania's government has approved a new law that regulates content online. Bloggers, social media influencers and online platforms will now have to apply for a licence and pay a fee of $930 if they want to keep their sites up.
The "Electronic and Postal Communications Regulation 2018" gives the government the right to revoke permit if a site publishes content "that leads to public disorder" and "threatens national security".
Rights groups are concerned that this could affect freedom of expression in the country.
Tanzania law for online content 'threatens free speech'
=====
CIPESA: Under obligations of internet cafes, the final regulations introduced two clauses that threaten user privacy. Under regulation 9, café owners are required “to ensure that all computers used for public internet access are assigned public static IP addresses”. This could inhibit the use of circumvention tools such as Virtual Private Networks (VPN) that rely on dynamic IP address protocols, and which citizens resorted to using in neighbouring Uganda during state-initiated interruptions to communications.
Further, the regulations extend café owners’ obligations to install camera equipment to include registration of users “upon showing a recognised identity card”. Pursuant to regulation 9(2), recorded surveillance and the user register “shall be kept for a period of twelve months.”
Several regressive provisions from the draft version were also passed. Regulation 6(1) requires licenced service providers who provide online content or facilitate online content production to terminate or suspend subscriber accounts and remove content if found in contravention of the regulations, within 12 hours from the time of notification by TCRA or by an affected person. This requirement places a heavy technical and human resource burden on content hosts and providers to have in place competencies to handle complaints within 12 hours.
Swift content restriction or removal is also required of online content hosts under regulation 8(b) and content providers and users under regulation 5(1)(g). As we argued in an earlier brief, while content such as revenge pornography and that which promotes violent extremism may be justifiably removed promptly, there is a danger that the regulations may be applied unjustifiably to content such as that relating to exposure of corruption or human rights violations.
Whereas regulation 16 provides for a complaints handling procedure, the regulations do not provide for the process nor mechanisms for legal recourse over contested content.
Regulation 5(1)(e) requires content providers to “have in place mechanisms to identify source of content”. This obligation poses a threat to the right to anonymity and whistleblowing and may lead to self-censorship.
Moreover, Regulation 12 on content prohibited from publication lists restrictions with broad definitions and which have potential to limit freedom of expression. In terms of scope, it includes unspecified content that “causes annoyance”; “uses disparaging or abusive words which is calculated to offend an individual or a group of persons”; and is “crude”, “obscene” or “profane” including in local languages.
Regulation 12 also prohibits publication of “false content which is likely to mislead or deceive the public except where it is clearly pre-stated that the content is i) satire and parody ii) fiction; and iii) where it is preceded by a statement that the content is not factual.”
Nonetheless, the regulations have some positive elements, among them regulation 10(b) which requires users to use device passwords to ensure that unscrupulous and unauthorized persons do not access their social media accounts.
The requirement for provision of easily accessible user terms and conditions by licensed service providers, adoption of a code of conduct for content hosting, and publication of a safe internet use policy for internet cafes, are also commendable in promoting user awareness of platform policies. The regulations also provide important safeguards for child protection online, such as regulation 13 which prohibits children’s to access to prohibited content online.
In a boost to privacy and data protection, regulation 11 prohibits unauthorised disclosure of “any information received or obtained” under the provisions of the regulations, except where the information is required for law enforcement purposes. Furthermore, regulation 11 restricts use of information only to the “extent” that is “necessary for the proper performance of official duties.” Nonetheless, in the absence of data protection and privacy legislation in Tanzania, these safeguards could be rendered of little value and hence prone to abuse.
It remains to be seen how the new regulations will be enforced and how they will impact on citizens’ rights online. However, given Tanzania’s history of predatory action against internet users following the enactment of the Cybercrime Act, 2015, the new regulations are likely to be utilised to further undermine the internet freedom situation in the country.
