The Tanzania Communications Regulatory Authority (the “TCRA”) has issued a deadline for all online content providers to comply with the Electronic and Postal Communications (Online Content) Regulations, 2018 (the “Regulations”) before 5 May 2018 pursuant to an Notice issued by the TCRA on 20 April 2018.

The registration requirements under the Regulations shall apply to all application services licensees, bloggers, internet cafes, online applications and platforms operators, online content hosts, online forums, online radio and television and any other related online content (herein referred to as “online content and service providers”).

All persons who wish to provide online content services shall register with the TCRA by filling in an application form set out under the Regulations and must provide the following information:
  1. Type of registration applied for (online radio, television, blog or other services);
  2. Applicant’s details (names, full physical address, phone number, email address and website);
  3. Certified copies of the Certificate of Incorporation, Tax Identification Number and Tax clearance certificates and Business Licence;
  4. Shareholding structure of the company;
  5. Nature of service applied for (educational, information or entertainment);
  6. Estimated cost of investment;
  7. Staff establishment and qualification, and training programmes; and
  8. Expected commencement date.
All online content and service providers shall pay service fees in line with the service to be provided, after which a license will be issued by the TCRA upon meeting all the requirements.

All subscribers and users of online content including but not limited to internet platforms such as social media and emails, shall be responsible and accountable for the information they share online, they should ensure that they do not share contents that are prohibited under the laws of Tanzania such as amongst others, hate speech, posts that are defaming in nature, posts that threaten national security, pornography or explicit sexual acts or any false content which is likely to mislead or deceive the public (unless stated not to be factual).

All online content users should use passwords to protect all devices/equipment that they use to access social media to prevent unauthorised or unlawful use by unintended persons.

Failure to comply with the Regulations is an offence and may attract a fine, or imprisonment or both.

If you have any questions regarding this legal alert, please contact Amish Shah or Susan Mpangile