Tanzania: The CyberCrime Act, 2015
The CyberCrime Act, 2015, is a law in Tanzania that aims to prevent and address cybercrime. The law defines several cybercrime offences, including unauthorized access to a computer system, identity theft, and cyberbullying. It also prescribes penalties for these offences, which range from fines to imprisonment. The law provides for the creation of a Cybercrime Unit within the Tanzanian Police Force, which is responsible for investigating and prosecuting cybercrime cases.
The CyberCrime Act, 2015, also contains provisions to protect the rights of internet users in Tanzania. It requires law enforcement officials to obtain a warrant before searching or seizing electronic devices and protects the privacy and data security. The law also establishes an independent Cybercrime Advisory Committee, which advises the government on cybercrime-related matters.
Overall, the CyberCrime Act, 2015 is essential in Tanzania’s efforts to combat cybercrime. By defining cybercrime offences, outlining penalties, and establishing a specialized unit to investigate and prosecute cybercrime cases, the law sends a strong message that cybercrime will not be tolerated in Tanzania. At the same time, the law recognizes the need to protect the rights of internet users and provides for appropriate safeguards and oversight mechanisms to ensure that these rights are respected.
Section Title
PART I – PRELIMINARY PROVISIONS
1 – Short Title and commencement.
2 – Application.
3 – Interpretation.
PART II – PROVISIONS RELATING TO OFFENCES AND PENALTIES
4 – Illegal Access.
5 – Illegal remaining.
6 – Illegal interception.
7 – Illegal data interference.
8 – Data espionage.
9 – Illegal system interference.
10 – Illegal device.
11 – Computer related forgery.
12 – Computer related fraud.
13 – Child pornography.
14 – Pornography.
15 – Identity related crimes.
16 – Publication of false information – 2 No.14 Cybercrimes 2015
17 – Racist and xenophobic material.
18 – Racist and xenophobic motivated insult.
19 – Genocide and crimes against humanity.
20 – Unsolicited messages.
21 – Disclosure of details of an investigation.
22 – Obstruction of investigation.
23 – Cyber bullying.
24 – Violation of intellectual property rights.
25 – Principal offenders.
26 – Attempt.
27 – Conspiracy to commit offence.
28 – Protection of critical information infrastructure.
29 – Offences relating to critical information infrastructure.
PART III – JURISDICTION
30 – Jurisdiction.
PART IV – SEARCH AND SEIZURE
31 – Search and Seizure.
32 – Disclosure of data.
33 – Expedited preservation.
34 – Disclosure and collection of traffic data.
35 – Disclosure and collection of content data.
36 – Court order.
37 – Use of forensic tool.
38 – Hearing of application.
PART V – LIABILITY OF SERVICE PROVIDERS
39 – No monitoring obligation.
40 – Access provider.
41 – Hosting provider.
42 – Caching provider.
43 – Hyperlink provider.
44 – Search engine provider.
45 – Take-down notification.
46 – Other obligations not affected.
PART VI – GENERAL PROVISIONS
47 – Immunity.
48 – Forfeiture of property.
49 – Offences by body corporate.
50 – Compounding of offences.
51 – Powers to make regulations – 4 No.14 Cybercrimes 2015
PART VII – CONSEQUENTIAL AMENDMENTS
(a) Amendment of the Electronic and Postal Communications Act No.3 of 2010.
52 – Construction.
53 – Amendment of section 124.
(b) Amendment of the Penal Code, Cap.16
54 – Construction.
55 – Amendment of section 109.
(c) Amendment of Anti-Money Laundering, Cap.423
56 – Construction
57 – Amendment of section 3.
(d) Amendment of the Extradition Act, Cap.368
58 – Construction
59 – Amendment of the
Schedule.
