TMT Comparative Guide

• Published date: 17 June 2023
• Subject Matter: Media, Telecoms, IT, Entertainment, IT and Internet, Mobile & Cable Communications, Broadcasting: Film, TV & Radio, Social Media
• Law Firm: Dentons EALC East African Law Chambers
• Author: Mr George Fernandes and Corliss Kidaha

1 Legal and enforcement framework

1.1 Which legislative and regulatory provisions govern the following in your jurisdiction: (a) Telecommunications; (b) Internet; (c) Media and (d) Social media?

(a) Telecommunications

• The Constitution of Tanzania;
• The Electronic and Postal Communications Act (EPOCA)
• • The Electronic and Postal Communications (Licensing) Regulations;
  • The Electronic and Postal Communications (Online Content) Regulations;
  • The Electronic and Postal Communications (Radio and Television Broadcasting Content) Regulations;
  • The Electronic and Postal Communications (Digital and Other Broadcasting Networks and Services) Regulations;
  • The Electronic and Postal Communications (Airtime Levy) Regulations;
  • The Electronic and Postal Communications (Electronic Communication Numbering and Addressing) Regulations;
  • The Electronic and Postal Communications (Domain Names Management) Regulations;
  • The Electronic and Postal Communications (Electronic Communication Equipment Standards and E-Waste Management) Regulations;
  • The Electronic and Postal Communications (Radio and Television) Regulations;
  • The Electronic and Postal Communications (Tele-Traffic) Regulations;
  • The Electronic and Postal Communications (Tariffs) Regulations;
  • The Electronic and Postal Communications (Accounting Separation) Regulations;
  • The Electronic and Postal Communications (Interconnection) Regulations;
  • The Electronic and Postal Communications (Radio Frequency Spectrum) Regulations;
  • The Electronic and Postal Communications (Value Added Services) Regulations;
  • The Electronic and Postal Communications (Competition) Regulations;
  • The Electronic and Postal Communications (Computer Emergency Response Team) Regulations;
  • The Electronic and Postal Communications (Consumer Protection) Regulations;
  • The Electronic and Postal Communications (Access, Co-location and Infrastructure Sharing) Regulations;
  • The Electronic and Postal Communication (Radio Communication and Frequency Spectrum) Regulations;
  • The Electronic and Postal Communications (Central Equipment Identification Registers) Regulations;
  • The Electronic and Postal Communications (Sim Card Registration) Regulations;
  • The Electronic and Postal Communications (Mobile Number Portability) Regulations; and
  • The Electronic and Postal Communications (Quality of Service) Regulations;
• The Tanzania Communications Regulatory Authority Act;
• The Universal Communications Service Access Act; and
• The Personal Data Protection Act.

(b) Internet

• The Constitution of Tanzania;
• The Electronic and Postal Communications Act
• • The Electronic and Postal Communications (Online Content) Regulations;
• The Electronic Transaction Act; and
• The Cybercrimes Act.

(c) Media

• The Constitution of Tanzania;
• The Media Services Act;
• The Electronic and Postal Communications Act; and
• The Cybercrimes Act.

(d) Social media

• The Constitution of Tanzania;
• The Electronic and Postal Communications Act;
• The Tanzania Communications Regulatory Authority Act; and
• The Cybercrimes Act.

1.2 Which bodies are responsible for enforcing the applicable laws and regulations in the relevant sectors? What powers do they have?

The Tanzania Communications Regulatory Authority (TCRA) is given a mandate through the Ministry of Information, Communications and Information Technology, and is responsible for telecommunications and media regulation and supervision in Tanzania. In executing its mandate, the TCRA carries out the following duties:

• promoting effective competition and economic efficiency;
• protecting the interests of consumers;
• protecting the financial viability of efficient suppliers;
• promoting the availability of regulated services to all consumers, including low-income, rural and disadvantaged consumers;
• enhancing public knowledge, awareness and understanding of the regulated sectors; and
• taking into account the need to protect and preserve the environment.

The TCRA is responsible for the exercising the following powers in accordance with the TCRA Act:

• issuing, renewing and cancelling licences;
• establishing standards for regulated goods and regulated services;
• establishing standards for the terms and conditions of supply of the regulated goods and services;
• regulating rates and charges;
• making rules for carrying out the purposes and provisions of the TCRA Act and the sector legislation;
• monitoring the performance of the regulated sectors including in relation to
• • levels of investment;
  • the availability, quality and standards of services;
  • the cost of services;
  • the efficiency of production and distribution of services; and
  • other matters relevant to the TCRA;
• facilitating the resolution of complaints and disputes;
• disseminating information about matters relevant to the functions of the TCRA; and
• consulting with other regulatory authorities or bodies or institutions discharging functions similar to those of the TCRA in Tanzania and elsewhere.

While there is no clearly defined regulator for the Internet in Tanzania, internet service providers (ISPs) and internet content are also regulated by the TCRA under the powers stipulated above. This is also the case for social media.

In addition to the TCRA, the director of the Information Services Department under the minister for information, culture, arts and sports plays a regulatory role in respect of licensing and overseeing all print media houses. The director of the Information Services Department is also responsible for:

• coordinating all government communication with local and independent government authorities;
• advising the government on matters related to strategic communications;
• developing and reviewing policies, regulations and guidelines; and
• licensing print media.

Meanwhile, the TCRA regulates electronic communications media, including broadcasters that channel their content through television and radio.

Although not a regulator per se, the Universal Communications Services Access Fund observes compliance by communications service providers (including telecommunications) in funding the accessibility and provision of communications services to under-served rural and urban areas in Tanzania.

1.3 What is the general approach of those bodies in regulating the relevant sectors?

The approach of the TCRA and the director of the Information Services Department in regulating the relevant sectors is to act as a facilitator.

1.4 What other industry codes of conduct or best practices are applicable in the relevant sectors?

Under Section 10 of the TCRA Act, the TCRA undertakes its activities in accordance with a code of conduct which, among other things, requires all members of the TCRA board and its employees to observe and maintain standards of propriety that involve:

• fairness, accountability, integrity, responsibility, objectivity and related values in relation to the performance of duties of the TCRA, such as not seeking personal gain or any material benefit from any entity which is regulated by the TCRA;
• avoiding making any decision that might be suspected of undue influence by, or the hope or expectation of, future employment with an entity whose business relates to the provision of goods and or services to the TCRA. In doing so, no board members or employees of the TCRA may seek consultancy, contracts, directorships or employment, or acquire a direct financial interest, in an entity regulated by the TCRA during their term of office;
• being accountable to the government, Parliament, providers and consumers of goods and or services regulated by the TCRA and general public, for their stewardship of resources including public funds, performance targets and operating with transparency and best regulatory practice; and
• not acquiring any pecuniary or other interest that conflicts or is likely to conflict with the performance of duties. Where there is a conflict of interest on a matter, there must be immediate disclosure and the party must refrain from taking part in the consideration or determination of the matter.

In terms of equipment connected to the network, the TCRA is guided by international technical standards prescribed by:

• organisations such as the International Telecommunications Union; and
• other sub-regional groupings such as
• • the Communication Regulators' Association of Southern Africa; and
  • the East African Communications Organisation.

2 Ownership

2.1 Who is eligible to provide services in the following sectors in your jurisdiction? Are there any restrictions on foreign ownership? Do any domicile requirements apply? What other requirements or restrictions apply in this regard: (a) Telecommunications; (b) Internet; (c) Media and (d) Social media?

(a) Telecommunications

Under the Electronic and Postal Communications Act (EPOCA), all licensees must have a physical address within Tanzania and establish an entity in Tanzania to provide services.

Depending on the type of licence, other requirements will apply which are categorised under the EPOCA and the Electronic and Postal Communications (Licensing) Regulations of 2018 as amended. Some of the requirements or restrictions are as follows:

• Public shareholding requirements: Network facilities or network service licensees must have a minimum of 25% of their issued and paid-up share capital open for the public to hold throughout the life of the licence through a public offer in accordance with the Capital Markets and Securities Authority and subsequently list their shares on a stock exchange in Tanzania within two years of the date on which the licence is granted.
• Share transfer: A licensee shareholder must not transfer, alienate, subcontract or assign any interest in its shares under the licence without the approval of the Tanzania Communications Regulatory Authority (TCRA).

(b) Internet

The TCRA restricts the eligibility of internet service provider (ISP) licensing to those that are licensed by the TCRA and therefore are locally domiciled. ISPs that own and...