In July 2020, the Tanzania Communication Regulatory Authority (the TCRA) issued the Electronic and Postal Communications (Online Content) Regulations, 2020 (the Regulations), which are now in force and revoke the Electronic and Postal Communications (Online Content) Regulations, 2018 (the 2018 Regulations).
While the Regulations largely mirror the 2018 Regulations, there are a handful of changes that are particularly important for stakeholders, users of online content, licensed and non-licensed hosts as well as providers of online content services. The expansive description in the Regulations of what constitutes prohibited content, coupled with the potential liability that may attach for failure to comply with certain directives, requires stakeholders to carefully assess their practices and procedures from a compliance perspective. Although the Regulations are an improvement on the 2018 Regulations in terms of offering clarity on certain previously vague provisions, they still leave several key questions open to interpretation.
We have put together a comprehensive analysis of the Regulations impact on issues relating to which stakeholders they apply to; license categories; restrictions on prohibited content; complaint handling and liability; and the Cyber Crimes Act, 2015. Click here to read the full article.
ALN Tanzania | A&K Tanzaniasda@tz.africalegalnetwork.com
ALN Kenya | Anjarwalla & Khannadjr@africalegalnetwork.com