A mobile money agent waits for clients in Dar es Salaam, Tanzania. Under 2020 content regulations, individual expression is restricted by exorbitant fees and the government's power to remove “prohibited content.” Picture credit by Fiona Graham/WorldRemit via Flickr, CC BY SA 2.0. This article is part of UPROAR, a Small Media initiative that is urging governments to address digital rights challenges at the Universal Periodic Review (UPR). In early March, as Tanzanians began to speculate about the health and location of President John Magufuli, many citizens took to social media with their queries and concerns. In response, the government issued threats of mass arrests to anyone who used social media to share false information about the president. Authorities swiftly referred to Tanzania’s 2015 Cybercrimes Act, and the 2020 Electronic and Postal Communications (Online Content) Regulations (EPOCA) to arrest and detain those who violated its rules. The government has often used cybercrime laws and online content regulations to undermine and clamp down on digital rights and freedom of expression in Tanzania, this time was no different. On March 17, then-Vice President Samia Suluhu Hassan revealed on state TV that John Magufuli had died. Soon after, Hassan was sworn in as the sixth president of Tanzania. By then, at least four people had been arrested in different parts of the country for “spreading false rumors” about Magufuli’s health and location. Many now wonder if Tanzania will review its repressive online content regulations in a post-Magufuli world, or whether these laws will remain firmly in place until 2025- the remainder of Magufuli's term served by Hassan. In early March, Innocent Bashungwa, Tanzania’s Minister of Information, Culture, Arts and Sports, issued a warning specifically to the media to desist from spreading “rumors” about Magufuli’s whereabouts, who had not been seen in the public eye since February 27. Additionally, the Minister of Legal and Constitutional Affairs, Mwigulu Nchemba, also threatened netizens with jail time via his Twitter account for sharing “nonsense” rumors, specifically citing Section 89 of the Penal Code and Section 16 of the Cybercrimes Act. Police Chief Ramadhani Kingai expressed specific interest in the Twitter account of “Kigogo,” a Swahili name referring to a high-ranking official, who often exposes government wrongdoing. Human rights activists have condemned these moves and the overall climate of fear created by these regulations and subsequent threats of enforcement. Tanzania has experienced remarkable internet, communications and technological advancements over the last decade. Nevertheless, the state often plays an influential role over Tanzanian media companies and platforms and independent media lacks diversity in terms of viewpoints and representation. The internet created new spaces online for Tanzania’s young bloggers and social media activists to make their voices heard, but the government has not welcomed this new reality. In 2010, Tanzania first published the Electronic and Postal Communications Act, the first of its kind in the country. By 2018, specific regulations regarding online content were released through Electronic and Postal Communications (Online Content) Regulations, 2018. The government argued that these regulations were intended to monitor and regulate citizens’ use of social media, in particular, and tackle issues like hate speech and disinformation. However, the regulations applied not only to mainstream media but to individual bloggers and content providers, who were shocked by the new requirement to pay $900 United States dollars for a license. This includes anyone who produces live-streaming TV or radio. The sudden imposition of fees turned Tanzanian social media dark as many bloggers and content providers gave up due to the exorbitant costs. Opposition politicians and social media practitioners critiqued the regulations for undermining online media freedoms as well as civil society. In 2020, Tanzania released revised EPOCA regulations, issued under Section 103 of the Electronic and Postal Communication Act, 2010, adopted in July 2020, and announced through Government Gazette on Government Notice No. 538. There are several main differences between the 2018 and 2020 versions of EPOCA. Firstly, the Tanzania Communications Regulatory Authority (TCRA) recategorized fees with three additional sub-categories under online content: news & current affairs, entertainment and education or religious, furthering imposing restrictions on individual content providers.
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Post-Magufuli, will Tanzania review its repressive online content regulations?
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