Abstract

This article offers a critical review of the intermediary liability landscape in Tanzania. The point of departure for discussion and analysis is Part V of the Cybercrimes Act 2015, which provides a regime of intermediary liability as well as recent obligations brought about by the Electronic and Postal Communications (Online Content) Regulations 2018. Both pieces of legislation are reviewed through the lenses of international and regional best practices in this field. The main argument that is advanced in this paper is that the regime of intermediary liability in Tanzania offers limited protection to intermediaries in cases where third parties seek to hold them liable for the conduct of their users, as demonstrated by recent case law. Also, this regime imposes more obligations on the part of intermediaries to such an extent that there is a death of no monitoring obligations.

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