Generally the following is what has been
specified in article 16 and article 18 of the constitution of the United
Republic of Tanzania:-

With respect to Article
16 of the constitution of the united republic of Tanzania offers right to privacy and personal security 1) “Every person is entitled to respect and
protection of his person, the privacy of his own person, his family and of his
matrimonial life, and respect and protection of his residence and private
communications”.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

2)
For the purpose of preserving the person’s right in accordance with this Article,
the state authority shall lay down legal procedures regarding the circumstances,
manner and extent to which the right to privacy, security of his person, his
property and residence may be encroached upon without prejudice to the
provisions of this Article”.

Article 18 of the
constitution of the united republic of Tanzania provides Freedom of expression  “Every
person (a)has a freedom of opinion and expression of his ideas (b)has out right
to seek, receive and, or disseminate information regardless of national
boundaries (c)has the freedom to communicate and a freedom with protection from
interference from his communication (d)has a right to be informed at all times
of various important events of life and activities of the people and also of
issues of importance to the society.”

The following is the level of which the
Cybercrime Act of 2015 and Electronic Transaction Act of 2015 assurance the
provision of the above articles.

 

The
Cybercrime Act assurance the provision of article 16 and article 18 of the
Constitution of United Republic of Tanzania to the degree that restrict people
from insulting another person(s) through a computer system on the basis of
race, color, origin or religion and not allowed to produce racist or
xenographic material for the purpose of distribution as it is a crime as per
section 17 and 18 of cybercrime Act 2015.Forexample there is instance that
happen during CECAFA challenge Cup where by Zanzibar National Team has defeated
Tanzania Stars National Team through that victory some people from Zanzibar has
been recording video clips and insult people from Tanzania Mainland because of
their skin color and they engage in sex rather than doing exercise so those
people were sentenced to court due to the section 17 and 18 of cybercrime Act
2015.

The
Cybercrime Act assurance the provision of article 16 and article 18 of the
Constitution of United Republic of Tanzania to the degree that Cybercrime Act
permits people to express their views but not to give false information who
ever gives false information it is an offense as per Section 16 of Cybercrime
Act of 2015. Publication
of false, misleading, or inaccurate information, data or facts is offences
which not only limits the freedom of expression but also has been put into a
practice than any other provision of the law. For
example there is a person who publish the false information about the death of
a leader named as Kingunge Ngombalimwilu whereby he is sentenced in court of
law by contradicting the section 16 of cybercrime Act 2015.

 

Cybercrime
Act protects the privacy of children and adult by prohibiting the publication
of pornography as per Section 13 and 14 of
Cybercrime Act of 2015.In this cybercrime Act a child or adult he/she not
allowed to publish any pornography material through the computer system or
through other information and communication technology.so cybercrime Act
guarantee the provision of article 16 and 18 of the constitution of United
republic of Tanzania.

 

The Cybercrime Act
assurance the provision of article 16 and article 18 of the Constitution of
United Republic of Tanzania to the degree that, The Cybercrime Act protect
people’s privacy by prohibiting others from interfering the computer system
without an authority, it is a crime for those who contradict this law as per
Section 4, 5, 6, 7, 9 of Cybercrime
Act of 2015. For example there are student from University of Dar es salaam who
undertaking IT course they were going to work during in IPT period in NMB but
they tend to interfere the system of Bank and try to steal money from different
ATM so those student were court and sentenced in court of law for judgment for
go against cybercrime act 2015 that are not allow to interfere system and
remaining in the system.

 

Freedom
of expression is also guaranteed by Article 18 of the Constitution of the
United Republic of Tanzania of 1977. The Constitution of United Republic of
Tanzania provides that everyone has a right to give his or her opinion and
receive any information of public interest and related to the welfare of the
nation. However, freedom of expression and the right to information in United
Republic of Tanzania are not fully enjoyed because of some reasons such as lack
of specific legislation protecting these rights and freedom of expression laws,
related legislation and the misuse of power by state officials.

 

The
Cybercrime Act assurance the provision of article 16 and article 18 of the
Constitution of United Republic of Tanzania to the degree that Cybercrime Act permits
people to communicate but a person shall not initiate or send any electronic
communication using a computer system to another person with intention to force,
scare, harass or cause emotional distress as per section 23 of Cybercrime Act
of 2015.

 

The Electronic Transaction Act
guarantee the provision of article 16 and article 18 of the constitution of
united republic of Tanzania to the extent that An electronic communication
shall be treated to be from originator if it is sent by a person who is duly
authorized by the originator to communicate in electronic form in respect of
that data message; or computer system programmed by or on behalf of the originator
to operate automatically as per section 19 of     Electronic
Transaction Act  2015.

 

The
Electronic Transaction Act guarantee the provision of article 16 and article 18
of the constitution of united republic of Tanzania to the extent that, The
electronic transaction act plays the great role of recognizing the transactions
that are done through electronically, thus people can express themselves, and
the electronic transactions are acceptable as per section 4, 8 of the
Electronic Transaction Act.