Introduction: computer systems data while preventing unlawful use of

Introduction:

Cybercrime
act is the law created with the aim of protect the confidentiality and
integrity of computer systems data while preventing unlawful use of computer
systems (Business Daily, 2017). This act is implemented at February 20, 2015.
Also transaction

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The
question wants to explain in what level the cybercrime act of 2015 and
electronic transaction of 2015 has assure the promises provided by the
constitution of Tanzania of 1977 article 16 & 18.

According
to the united republic of Tanzania constitution of 1977 article 16 give the
right to every person of united republic of Tanzania to respect and protect his
privacy of his own person, his family and his matrimonial life, and respect and
protection of his residence and private communication .The article of
constitution needs a person to guarantee safety of himself and his family home
or the marriage. This includes children, the children is a young human aged
below eighteen. This person must be protected by person namely parents or
guardians against a lot of things but in cybercrime talked against child
pornography. A pornography according to the oxford dictionary is any printed or
visual material that intended to stimulate sexual excitement. In cybercrime act
section 13 (1) a. A person shall not publish child pornography through computer
system or make it available or facilitate the access of child pornography
through the computer system section 13 (b). So the constitution of united
republic of Tanzania needs people to protect the family especially their child
against pornography because when a person contravenes subsection (1) of
section13 of Cybercrime act of 2015 will be committed an offence and is liable
on conviction, to a fine of not less than fifty million shillings or three
times the value of undue advantage received, whichever is greater, or to
imprisonment for a term of not less than seven years or to both. Also A person
who is convicted for an offence under this section may, in addition to any
other punishment, be adjudged to compensate a person injured by the offence.
(Cybercrime Act 2015 Section 13).Although a cybercrime is also against the
pornography in general that means even adult pornography or lascivious led to a
fine of not less than twenty two million shillings or imprisonment of not less
than seven years or both.

Also
the article 16 need person to protect his private communication. Communication
is imparting or exchanging of information by speaking, writing, or using other
medium (English dictionary) such as such as electronic communications using
phones or computer system.  The private
communication is the communication that is in the state in which it cannot be
distributed to people who is not intended, they can be done through computer
systems. Privacy according to Wikipedia is the ability of an individual or
group to seclude themselves, or information about themselves, and thereby
express themselves selectively. The constitution of United Republic of Tanzania
article 16 is protecting and preserves his citizen’s right of privacy.
According to Cybercrime act of 2015 section 8(1). Without prejudice to the
national security, a person should not obtain computer data protected against
unauthorized access without permission. Also in section 15(1) cybercrime is
against a person who intend to use computer system to impersonate another
person. Because of this act a person who contravenes subsection 1 of section 15
commits an offence and is liable on conviction to a fine of not less than five
million shillings or three times the value of undue advantages received by that
person whichever is greater or to an imprisonment of not less than six month or
both.

When
we talk of protecting

On
the other hand the united republic of Tanzania Constitution act 18 states that:” 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.”

This article of constitution protect citizen of United Republic of Tanzania
freedom of expression without breaking the law person is allowed to express the
feelings he has.in article 18 (a) person has freedom of expression without any
interference also a person has right to receive and communicate his ideas
through any media, the person has no right to insult other person. In
cybercrime act of 2015 remove the right of a person to insult other person
using computer system on the basis of race, color, descent, nationality, ethnic
origin or religion. Since by this act none of citizen of united republic of
Tanzania is allowed to insult other person because the person is black or
albino or is of certain tribe under this act the person who contravenes subsection
(1) of section 18 of cybercrime act and commits an offence and is liable on
conviction to fine of not less than three million shillings or imprisonment for
term of not less than one year or both. Since the presence of cybercrime act of
2015 authority has against of a lot of people against the law example a senior
university lecturer who was charged in September 2016 for insulting the
president through whatssUp messages.  So
we can see how cybercrime is useful to Tanzania society.

Also in the constitution of united Republic of Tanzania act 18(b) give
the right of person to seek, receive and, or disseminate spread widely
information regardless of national boundaries, so A person can attempt to find any
information from any country as he wish to without breaking country law.

In article 18 (c) person of united republic of Tanzania has freedom to
communicate and protection from interference from his communication. This law
is also deal with privacy of communication also normal communication. A
communication is act of sending or receiving information it can be oral, or by
letters or using computer system.  Those
communication that deals with computer system is known electronic
communication, According to cybercrime act of 2015 it defines electronic
communication as 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 or optical system or in any other similar form. Although the
national constitution of Tanzania give freedom of communicate but it has its
limitation for-instance in cybercrime act section 23 (1) A person is not
allowed to initiate or send any electronic communication by use computer system
to another with an intent to force him to do something using force or threats,
also the law is protect the people from being frighten or being harassed or
causing emotional pain. By that law it’s so clear that the united republic of
Tanzania constitution is trying to protect his citizen from emotional and
physiological distress. According to this section of act anyone who contravenes
the subsection 1 of the law and commit offence and is liable on conviction to a
fine of not less than 3 million of Tanzania Shillings or to imprisonment of not
less than 1 year or both.

 

Also the article 18 of constitution of Tanzania give the right of person
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. Every citizen
has right to get information it can be through internet through radios
television or any other way of transmission of information any information
maybe about vaccination or vote or any development process.

Also the Transaction act of 2015 generally talked about a lot on how
people of Tanzania we will be able to do transaction especially electronic
transactions safety. Because improvement of information technology now days
transaction are done through computer systems. The Act is improve confidence
among financial institutions on the use of ICT to carry out their daily
activities. The law includes electronic transaction, electronic contracts
electronic certification and electronic signature (Thecitizen.co.tz, 2016)