Exploring Tanzania's New Online Content Regulations

• Published date: 28 August 2020
• Subject Matter: Media, Telecoms, IT, Entertainment, Media & Entertainment Law, Broadcasting: Film, TV & Radio, Social Media
• Law Firm: Clyde & Co
• Author: Ms Amalia Lui, Amreen Ayub, Gerald Shita Nangi and Esther Kilimba

Tanzania recently published new Online Content Regulations under the Electronic and Postal Communications Act. The Online Content Regulations apply to online content service providers, internet service providers, application services licensees, online content users and any other related online content.

In this article, we highlight the steps that each licensee is required to follow in order to not only obtain but maintain an online content license, as well as what constitutes 'prohibited content' to avoid being penalised.

The Online Content Regulations cover:

• licence categories
• licence application procedure
• obligations of online content service providers
• online content users and hosts
• prohibited content
• complaints and penalties

Licence categories and application

Under the Online Content Regulations, a person shall only provide content services after having obtained a licence from the Tanzania Communications Regulatory Authority (the TCRA). There are four categories of online content licences as set out below:

• provision of predominant news and current affairs
• provision of predominant entertainment content
• provision of predominant education and religious content
• simulcasting licence⁴

The term 'predominant' referred to in the categories above means content not below 85% of the licensed category measured on a weekly basis. Therefore, the majority of online content must be related to the specific category for one to be issued with a licence.

A licence application is made to the TCRA using a prescribed form that specifies the category of licence and type of registration applied for, i.e. online radio, online television online blog or other online services. The form is accompanied by among others, a list of the owner and management team, curriculum vitae (CV) of the staff and editorial policy guidelines. The editorial policy guidelines are required for the news and current affairs licence only. The applicant must also pay the prescribed application fee of TZS 100,000 for news and current affairs entertainment and education or religion and TZS 50,000 for a simulcasting licence.

Upon a successful application, the applicant will be required to pay an initial licence fee of TZS 1,000,000 for a news and current affairs licence, TZS 500,000 for an entertainment and education licence or religious content licence and TZS 200,000 for a simulcasting licence. The same fees apply for annual payment and licence renewal.

The licence issued by the TCRA shall be valid...