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CYBERCRIMES ACT

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short Title and commencement.

   2.   Application.

   3.   Interpretation.

PART II
PROVISIONS RELATING TO OFFENCES AND PENALTIES

   4.   Illegal Access.

   5.   Illegal remaining.

   6.   Illegal interception.

   7.   Illegal data interference.

   8.   Data espionage.

   9.   Illegal system interference.

   10.   Illegal device.

   11.   Computer related forgery.

   12.   Computer related fraud.

   13.   Child pornography.

   14.   Pornography.

   15.   Identity related crimes.

   16.   Publication of false information.

   17.   Racist and xenophobic material.

   18.   Racist and xenophobic motivated insult.

   19.   Genocide and crimes against humanity.

   20.   Unsolicited messages.

   21.   Disclosure of details of an investigation.

   22.   Obstruction of investigation.

   23.   Cyber bullying.

   24.   Violation of intellectual property rights.

   25.   Principal offenders.

   26.   Attempt.

   27.   Conspiracy to commit offence.

   28.   Protection of critical information infrastructure.

   29.   Offences relating to critical information infrastructure.

PART III
JURISDICTION

   30.   Jurisdiction.

PART IV
SEARCH AND SEIZURE

   31.   Search and Seizure.

   32.   Disclosure of data.

   33.   Expedited preservation.

   34.   Disclosure and collection of traffic data.

   35.   Disclosure and collection of content data.

   36.   Court order.

   37.   Use of forensic tool.

   38.   Hearing of application.

PART V
LIABILITY OF SERVICE PROVIDERS

   39.   No monitoring obligation.

   40.   Access provider.

   41.   Hosting provider.

   42.   Caching provider.

   43.   Hyperlink provider.

   44.   Search engine provider.

   45.   Take-down notification.

   46.   Other obligations not affected.

PART VI
GENERAL PROVISIONS

   47.   Immunity.

   48.   Forfeiture of property.

   49.   Offences by corporate body.

   50.   Compounding of offences.

   51.   Powers to make regulations.

PART VII
CONSEQUENTIAL AMENDMENTS

   (a) Amendment of the Electronic and Postal Communications Act

   52.   Construction.

   53.   [Amendment.]

   (b) Amendment of the Penal Code, (Cap. 16)

   54.   Construction.

   55.   [Amendment.]

   (c) Amendment of Anti-Money Laundering, (Cap.423)

   56.   Construction

   57.   [Amendment.]

   (d) Amendment of the Extradition Act, (Cap. 368)

   58.   Construction

   59.   [Amendment.]

CHAPTER
THE CYBERCRIMES ACT

An Act to make provisions for criminalizing offences related to computer systems and Information Communication Technologies; to provide for investigation, collection, and use of electronic evidence and for matters related therewith.

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[G.N. No. ?????????]

Act No. 14 of 2015

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title and commencement

   This Act may be cited as the Cybercrimes Act, 2015 and shall come into operation on such date as the Minister may, by Notice published in the Gazette appoint.

2.   Application

Save for section 50, this Act shall apply to Mainland Tanzania as well as Tanzania Zanzibar.

3.   Interpretation

In this Act, unless the context otherwise requires–

   "access" in relation to any computer system, means entry to, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any of the resources of the computer system or network or data storage medium;

   "access provider" means a person who provides electronic data transmission service by transmitting information provided by or to a user of the service in a communication network or providing access to a communication network;

   "caching provider" means a person who provides an electronic data transmission service by automatic, intermediate or temporary storing information, for the purpose of making more efficient the information's onward transmission to other users of the service upon their request;

   "child" means a person below the age of eighteen years;

   "child pornography" means pornographic material that depicts presents or represent;

   (a)   a child engaged in a sexually explicit conduct;

   (b)   a person appearing to be a child engaged in a sexually explicit conduct; or

   (c)   an image representing a child engaged in a sexually explicit conduct;

   "computer system" means a device or combination of devices, including network, input and output devices capable of being used in conjunction with external files which contain computer programmes, electronic instructions, input data and output data that perform logic, arithmetic data storage and retrieval communication control and other functions;

   "computer data" means any representation of facts, concepts, information or instructions, in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function;

   "data storage medium" means any device, article or material from which computer data or information is capable of being stored or reproduced, with or without the aid of any other device or material;

   "device" includes–

   (a)   a computer program, code, software or application;

   (b)   component of computer system such as graphic card, memory card, chip or processor;

   (c)   computer storage component;

   (d)   input and output devices;

   "electronic communication" means any transfer of a sign, signal or computer data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic photo optical system or in any other similar form;

   "forensic tool" means an investigative tool or device including software or hardware installed on or in relation to a computer system or part of a computer system and used to perform tasks which includes keystroke logging or collection of investigation information about a uses of the computer or computer system;

   "hinder" in relation to a computer system includes–

   (a)   causing electromagnetic interference to a computer system;

   (b)   corrupting a computer system by any means; or

   (c)   inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data;

   "hosting provider" means a person who provides an electronic data transmission service by storing information provided by a user of the service;

   "hyperlink" means a symbol, word, phrase, sentence or image that contains path to another source that points to and causes to display another document when executed;

   "intellectual property rights" means the rights accrued or related to copyright, patent, trade mark and any other related matters;

   "interception" in relation to a function of computer, includes acquiring, viewing, listening or recording any computer data communication through any other means of electronic or other means, during transmission through the use of any technical device;

   "law enforcement officer" means a police officer of the rank of Assistant Inspector or above or an investigator of equivalent rank of inspector and above, member of Tanzania Intelligence Service, prosecutor, or any authorized officer of the authority responsible for communication or any other person authorized in any written law;

   "Minister" means the Minister for the time being responsible for Information and Communication Technology;

   "publish" means distributing, transmitting, disseminating, circulating, delivering, exhibit, exchanging, barter, printing, copying, selling or offering for sale, letting on hire or offering to let on hire, offering in any other way, or making available in any way;

   "property" means property of any kind, whether movable or immovable, tangible or intangible, and includes–

   (a)   any currency either as a legal tender in the United Republic of Tanzania or not;

   (b)   information, including an electronically produced program or data or copy thereof, human or computer-readable data; or

   (c)   any right or interest in property;

   "racist and xenophobic material" means any material which advocates, promotes or incites hatred, discrimination or violence, against any person or group of persons based on race, colour, descent, national or ethnic origin or religion;

   "service provider" means a person or party that makes information system services available to third parties.

PART II
PROVISIONS RELATING TO OFFENCES AND PENALTIES (ss 4-29)

4.   Illegal access

   (1) A person shall not intentionally and unlawfully access or cause a computer system to be accessed.

   (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine of not less than three million shillings or three times the value of the undue advantage received, whichever is greater or to imprisonment for a term of not less than one year or to both.

5.   Illegal remaining

   (1) A person shall not intentionally and unlawfully, remain in a computer system or continue to use a computer system after the expiration of time which he was allowed to access the computer system.

   (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction to a fine of not less than one million shillings or to imprisonment for a term of not less than one year or to both.

6.   Illegal interception

   (1) A person shall not intentionally and unlawfully–

   (a)   intercept by technical means or by any other means–

      (i)   a non-public transmission to, from or within a computer system;

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