JamiiForums
JF Official Account
- Nov 9, 2006
- 6,202
- 5,012
Uchambuzi huu unahusisha kanuni zinazotokana na Sheria ya Mawasiliano ya Kielektroniki na Posta (EPOCA) ya mwaka 2010, na unapendekeza kufanyia mabadiliko Kanuni zilizowekwa mwaka 2020.
============
ANALYSIS OF TANZANIA's ONLINE CONTENT REGULATIONS AMENDMENTS(2021) by JAMII FORUMS
MAJOR CHANGES
LICENSE FEES
License fees have been reduced as follows:
a) Online Media Content Services:
INTRODUCTION: 2021 AMENDMENTS
These regulations are established under the Electronic and Postal Communications Act (EPOCA) 2010, and they will amend 2020 Regulations.
The 2020 Online Content Regulations brought a huge amount of content restrictions – including social media, forums, websites, etc. and even extending to offline content – within the remit of TCRA licencing.
In practice, it was almost impossible to enforce in any kind of comprehensive way. The loose definitions meant the licencing requirements applied to an entirely unmanageable number of Tanzanian citizens (and beyond).
What are the proposed changes?
1. Internet Services Providers (ISP) are now excluded from Regulation 2 on “Application” of the law
2. Two new terms/definitions have been introduced under Regulation 3:
5. Regulation 6 has been completely replaced with new requirements for license applicants; this may be due to changes on the categories of licenses. Category A applicants will still need same documents as per original regulations (2020) except “technical description for the facilities used”
6. Under Regulation 7, a new sub-regulation has been introduced. “Licensees now will be valid for a period of three years and may be renewed”. Previously, this was a sub-regulation of regulation 6.
7. Regulation 9 has been revised by omitting requirements to “establish policy or guideline on online content safe use and make it available to online content users” and “use moderating tools to filter prohibited content”
8. Regulation 10 has been completely removed. Previously, any mainstream content service provider with district or regional license was restricted from simulcasting content using online platforms
9. Regulation 12 has been amended; this may be due to changes on the license categories. There are new requirements for Category B license which among other things, they shall Provide customer care support AND complaints’ handling procedures.
10. Regulation 13 has been completely removed. Previously, owners of Internet Cafes were required to install surveillance cameras and acquire static IP addresses for computers, and patrons are required to register their identity, and the information can then be kept on record for a year.
11.Regulation 18 has been amended. This is a substitution and re-written on Child Protection.
12. Regulation 20 has been amended. Sub-regulation 3 has been substituted, the Content Committee Procedures Rules which previously referred when handling complaints are no longer in the proposed regulation.
ISSUES OF CONCERN
While we welcome these amendments and appreciate steps taken by authorities for listening sessions held between March and June 2021, there are still areas of concern that need to be addressed.
Jamii Forums has the following comments:
Regulation 3:
Jamii Forums recommends the following:
a) Online Content Aggregator should not necessarily be by prescribed fee
b) There is no definition of the word Social Platform. No decision can be made until the word is defined.
Regulation 6:
Jamii Forums recommends the following:
(i) Requirements do not consider individual/citizen journalists.
(ii) Certified copy of Tax Clearance Certificate for companies or non-governmental organizations: It limits other registered organizations/entities such as religious organizations and society.
(iii) Certified copy of National Identity Card of Shareholder: This should not restrict only to National ID instead it should recognize other kind of official identification.
Probably should read: The certified copies of official recognized identity card such as National ID, Driving License and Passport.
(iv) Curriculum Vitae of the staff: It should be for 'office bearers' rather than ‘staff’.
(v) Editorial Policy guidelines for news and current affairs license category: There is no such categories rather it should be read as for 'Category A'.
(vi) Any other documents as the Authority may require: This should be deleted
(vii) Recommendation: Insert new sub-regulation 6(3) which should read: If an applicant is a natural person should not be subjected to requirement of regulation 6(2).
Regulation 7
Jamii Forums proposes the renewal of the licence period to be five (5) years
Regulation 8
Jamii Forums recommends insertion of sub-regulation (3) that accommodates right to be heard, warning and investigation period before suspension or revocation of the license.
Regulation 9
Jamii Forums recommends deletion of (e) which requires licensees to “have in place mechanisms to identify source of content” and the word ‘objectionable’ on (f) as it is subjective to various interpretation.
Regulation 15
This regulation still reads: An online content host shall adopt a code of conduct for hosting contents and ensure that prohibited contents are removed upon notification by the Authority or affected party. Jamii Forums recommends deletion of the words “or affected party”.
Regulation 20
This regulation still reads: A person may file a complaint to an online content service provider in relation to any matter connected with prohibited content and the licensee shall, within twelve hours, resolve the complaint.
Jamii Forums recommends this: A person may file a complaint to an online content service provider in relation to any matter connected with prohibited content and the licensee shall, within twenty-four (24)hours, resolve the complaint
The Third Schedule details prohibited content: It should be noted that “content” is defined as excluding private communications, but Article 16 appears to extend the prohibitions to all forms of publication, including offline. Highlights include the following:
Failure to provide appropriate due process safeguards
The Regulations impose a contractual obligation on application service licensees to include particular terms, including a right to deny access or terminate service where a subscriber contravenes the provisions of the Regulations. While these provisions have been restructured, their underlying focus appears unchanged, requiring application service licensees to serve as censors by proxy. Licensees are still required to inform subscribers that they must remove content, and now must do so within 2hours of receiving notice from the regulatory authority or affected party (rather than within 12hours as before). Pursuant to Part III, Section 11(4), if the subscriber fails to remove content within two hours, the licensee must suspend of terminate the subscriber’s access. We took issue that these provisions contained no due process safeguards. Specifically, they do not require content removal decisions to be made by a competent court.
Limitations of safeguards on disclosure of Personal Data
The Regulations contain some protections for disclosures of personal data, although these do not go far enough. The past version required requests to be made by courts, lawfully constituted tribunals, or law enforcement agencies. This appears to have been eliminated in favour of disclosure “where the information is required by relevant authorities according to the law” as indicated in Part IV, Section 17. The term “relevant authorities” is nowhere defined in these Regulations. We reiterate that, with absence of a Personal Data Protection legislation, access to personal data by any public authority should, in principle, require a judicial warrant with limited exceptions in limited circumstances. Jamii Forums strongly recommends adoption of Data Protection legislation in Tanzania.
================
About Jamii Forums
JF is a Non-Governmental Organization that advocates for and promotes Civil and Digital Rights, Social Justice, Accountability, Democracy and Good Governance. JF empowers Human Rights Defenders with the skills to remain safe online, enhance digital capabilities. We work in partnership with various stakeholders including CSOs in amplification of their work across our Digital Platforms through content engagement.
============
ANALYSIS OF TANZANIA's ONLINE CONTENT REGULATIONS AMENDMENTS(2021) by JAMII FORUMS
MAJOR CHANGES
LICENSE FEES
License fees have been reduced as follows:
a) Online Media Content Services:
- Application fee TZS 50,000
- Initial License fee TZS 500,000
- Annual License fee TZS 500,000
- Renewal fee TZS 100,000
- Application fee TZS 100,000
- Initial License fee TZS 1,000,000
- Annual License fee TZS 1,000,000
- Renewal fee TZS 100,000
INTRODUCTION: 2021 AMENDMENTS
These regulations are established under the Electronic and Postal Communications Act (EPOCA) 2010, and they will amend 2020 Regulations.
The 2020 Online Content Regulations brought a huge amount of content restrictions – including social media, forums, websites, etc. and even extending to offline content – within the remit of TCRA licencing.
In practice, it was almost impossible to enforce in any kind of comprehensive way. The loose definitions meant the licencing requirements applied to an entirely unmanageable number of Tanzanian citizens (and beyond).
What are the proposed changes?
1. Internet Services Providers (ISP) are now excluded from Regulation 2 on “Application” of the law
2. Two new terms/definitions have been introduced under Regulation 3:
- “Online Media Content Services” which means online content services provided for the purpose of news and current affairs in a manner similar to, or in a manner that resembles services providers licensed under the Act;
- “Online Content Aggregator” which means licensed content service provider who collects content from different sources and packs into specific baskets of channels for a purpose of being accessed by users upon payment of a prescribed fee;
- “Online Content Service” now means online content broadcasting to the public `through television, radio, blogs, weblog, instant messaging tools, social platform and aggregator by subscription.
- “Weblog” now means a website containing an online media services offered in text, still or moving images, audio or a combination of them and contains links to other online media websites
5. Regulation 6 has been completely replaced with new requirements for license applicants; this may be due to changes on the categories of licenses. Category A applicants will still need same documents as per original regulations (2020) except “technical description for the facilities used”
6. Under Regulation 7, a new sub-regulation has been introduced. “Licensees now will be valid for a period of three years and may be renewed”. Previously, this was a sub-regulation of regulation 6.
7. Regulation 9 has been revised by omitting requirements to “establish policy or guideline on online content safe use and make it available to online content users” and “use moderating tools to filter prohibited content”
8. Regulation 10 has been completely removed. Previously, any mainstream content service provider with district or regional license was restricted from simulcasting content using online platforms
9. Regulation 12 has been amended; this may be due to changes on the license categories. There are new requirements for Category B license which among other things, they shall Provide customer care support AND complaints’ handling procedures.
10. Regulation 13 has been completely removed. Previously, owners of Internet Cafes were required to install surveillance cameras and acquire static IP addresses for computers, and patrons are required to register their identity, and the information can then be kept on record for a year.
11.Regulation 18 has been amended. This is a substitution and re-written on Child Protection.
12. Regulation 20 has been amended. Sub-regulation 3 has been substituted, the Content Committee Procedures Rules which previously referred when handling complaints are no longer in the proposed regulation.
ISSUES OF CONCERN
While we welcome these amendments and appreciate steps taken by authorities for listening sessions held between March and June 2021, there are still areas of concern that need to be addressed.
Jamii Forums has the following comments:
Regulation 3:
Jamii Forums recommends the following:
a) Online Content Aggregator should not necessarily be by prescribed fee
b) There is no definition of the word Social Platform. No decision can be made until the word is defined.
Regulation 6:
Jamii Forums recommends the following:
(i) Requirements do not consider individual/citizen journalists.
(ii) Certified copy of Tax Clearance Certificate for companies or non-governmental organizations: It limits other registered organizations/entities such as religious organizations and society.
(iii) Certified copy of National Identity Card of Shareholder: This should not restrict only to National ID instead it should recognize other kind of official identification.
Probably should read: The certified copies of official recognized identity card such as National ID, Driving License and Passport.
(iv) Curriculum Vitae of the staff: It should be for 'office bearers' rather than ‘staff’.
(v) Editorial Policy guidelines for news and current affairs license category: There is no such categories rather it should be read as for 'Category A'.
(vi) Any other documents as the Authority may require: This should be deleted
(vii) Recommendation: Insert new sub-regulation 6(3) which should read: If an applicant is a natural person should not be subjected to requirement of regulation 6(2).
Regulation 7
Jamii Forums proposes the renewal of the licence period to be five (5) years
Regulation 8
Jamii Forums recommends insertion of sub-regulation (3) that accommodates right to be heard, warning and investigation period before suspension or revocation of the license.
Regulation 9
Jamii Forums recommends deletion of (e) which requires licensees to “have in place mechanisms to identify source of content” and the word ‘objectionable’ on (f) as it is subjective to various interpretation.
Regulation 15
This regulation still reads: An online content host shall adopt a code of conduct for hosting contents and ensure that prohibited contents are removed upon notification by the Authority or affected party. Jamii Forums recommends deletion of the words “or affected party”.
Regulation 20
This regulation still reads: A person may file a complaint to an online content service provider in relation to any matter connected with prohibited content and the licensee shall, within twelve hours, resolve the complaint.
Jamii Forums recommends this: A person may file a complaint to an online content service provider in relation to any matter connected with prohibited content and the licensee shall, within twenty-four (24)hours, resolve the complaint
The Third Schedule details prohibited content: It should be noted that “content” is defined as excluding private communications, but Article 16 appears to extend the prohibitions to all forms of publication, including offline. Highlights include the following:
- Planning or promoting demonstrations is prohibited (3(c))
- Whistleblowing is still prohibited (2(b), 3(e))
- Content that would “lead to confusion about the economic condition” of the country is prohibited (3(f))
- No publication “that causes annoyance” is allowed, without saying who cannot be annoyed or to what extent – this was also in the previous regulations (3(k))
- Several vague prohibitions are included including harming “social peace” (3(h)), causing annoyance (3(k)), “what would raise sedition” (3(m)), etc.
- Circulating ‘weather forecasts’ still requires official permission (8(b))
- There is still a prohibition on circulating information on outbreaks of deadly disease (8(c))
Failure to provide appropriate due process safeguards
The Regulations impose a contractual obligation on application service licensees to include particular terms, including a right to deny access or terminate service where a subscriber contravenes the provisions of the Regulations. While these provisions have been restructured, their underlying focus appears unchanged, requiring application service licensees to serve as censors by proxy. Licensees are still required to inform subscribers that they must remove content, and now must do so within 2hours of receiving notice from the regulatory authority or affected party (rather than within 12hours as before). Pursuant to Part III, Section 11(4), if the subscriber fails to remove content within two hours, the licensee must suspend of terminate the subscriber’s access. We took issue that these provisions contained no due process safeguards. Specifically, they do not require content removal decisions to be made by a competent court.
Limitations of safeguards on disclosure of Personal Data
The Regulations contain some protections for disclosures of personal data, although these do not go far enough. The past version required requests to be made by courts, lawfully constituted tribunals, or law enforcement agencies. This appears to have been eliminated in favour of disclosure “where the information is required by relevant authorities according to the law” as indicated in Part IV, Section 17. The term “relevant authorities” is nowhere defined in these Regulations. We reiterate that, with absence of a Personal Data Protection legislation, access to personal data by any public authority should, in principle, require a judicial warrant with limited exceptions in limited circumstances. Jamii Forums strongly recommends adoption of Data Protection legislation in Tanzania.
================
About Jamii Forums
JF is a Non-Governmental Organization that advocates for and promotes Civil and Digital Rights, Social Justice, Accountability, Democracy and Good Governance. JF empowers Human Rights Defenders with the skills to remain safe online, enhance digital capabilities. We work in partnership with various stakeholders including CSOs in amplification of their work across our Digital Platforms through content engagement.
