ACMJ Article

This study critically investigated stakeholders' views on sections of Tanzania's Cybercrimes Act No. 14 of 2015 that infringe on freedom of expression. To guide its argument, the study was underpinned by the Chilling Effect Theory, which posits that vague laws can lead individuals to self-censor to avoid potential punishment. The key informant interview method was employed, involving 22 respondents selected through purposive sampling. Data were collected via unstructured interviews. The selected respondents include media practitioners from the Tanzania Editors’ Forum, representatives from TWAWEZA, a civil society organisation focused on freedom of expression and policy analysis, academicians teaching Journalism and Mass Communication at St. Augustine University of Tanzania, the Media Council of Tanzania, the Tanzania Human Rights Defenders Coalition, and the Legal and Human Rights Centre. Major findings revealed that several sections of the Cybercrimes Act directly infringe upon freedom of expression in Tanzania, for example, sections 16, 20, and 31, among others. Also, the findings identified that the Act imposes overly broad content restrictions, penalises undefined terms such as "false information," enables excessive surveillance without proper judicial oversight, and allows arbitrary enforcement with harsh penalties. This environment fosters significant self-censorship and restrictions on reporting among journalists. It is concluded that an urgent re-evaluation and reform of the Cybercrimes Act are imperative to align it with fundamental freedoms and ensure a balanced digital legal framework. It is recommended, among others, that the Act introduce explicit legal protections for journalists and their sources, prioritise investment in technical cybersecurity infrastructure over punitive measures, and shift from a one-size-fits-all approach to a Customised Approach.

TANZANIA'S CYBERCRIMES ACT: A STAKEHOLDER ANALYSIS OF ITS IMPACT ON FREEDOM OF EXPRESSION, 2025, Vol. 2, No. 2, pp. 1-17. PDF