Introduction:Cybercrimeact is the law created with the aim of protect the confidentiality andintegrity of computer systems data while preventing unlawful use of computersystems (Business Daily, 2017). This act is implemented at February 20, 2015.Also transaction Thequestion wants to explain in what level the cybercrime act of 2015 andelectronic transaction of 2015 has assure the promises provided by theconstitution of Tanzania of 1977 article 16 & 18.Accordingto the united republic of Tanzania constitution of 1977 article 16 give theright to every person of united republic of Tanzania to respect and protect hisprivacy of his own person, his family and his matrimonial life, and respect andprotection of his residence and private communication .
The article ofconstitution needs a person to guarantee safety of himself and his family homeor the marriage. This includes children, the children is a young human agedbelow eighteen. This person must be protected by person namely parents orguardians against a lot of things but in cybercrime talked against childpornography. A pornography according to the oxford dictionary is any printed orvisual material that intended to stimulate sexual excitement. In cybercrime actsection 13 (1) a. A person shall not publish child pornography through computersystem or make it available or facilitate the access of child pornographythrough the computer system section 13 (b). So the constitution of unitedrepublic of Tanzania needs people to protect the family especially their childagainst pornography because when a person contravenes subsection (1) ofsection13 of Cybercrime act of 2015 will be committed an offence and is liableon conviction, to a fine of not less than fifty million shillings or threetimes the value of undue advantage received, whichever is greater, or toimprisonment for a term of not less than seven years or to both.
Also A personwho is convicted for an offence under this section may, in addition to anyother punishment, be adjudged to compensate a person injured by the offence.(Cybercrime Act 2015 Section 13).Although a cybercrime is also against thepornography in general that means even adult pornography or lascivious led to afine of not less than twenty two million shillings or imprisonment of not lessthan seven years or both.Alsothe article 16 need person to protect his private communication. Communicationis imparting or exchanging of information by speaking, writing, or using othermedium (English dictionary) such as such as electronic communications usingphones or computer system. The privatecommunication is the communication that is in the state in which it cannot bedistributed to people who is not intended, they can be done through computersystems. Privacy according to Wikipedia is the ability of an individual orgroup to seclude themselves, or information about themselves, and therebyexpress themselves selectively.
The constitution of United Republic of Tanzaniaarticle 16 is protecting and preserves his citizen’s right of privacy.According to Cybercrime act of 2015 section 8(1). Without prejudice to thenational security, a person should not obtain computer data protected againstunauthorized access without permission.
Also in section 15(1) cybercrime isagainst a person who intend to use computer system to impersonate anotherperson. Because of this act a person who contravenes subsection 1 of section 15commits an offence and is liable on conviction to a fine of not less than fivemillion shillings or three times the value of undue advantages received by thatperson whichever is greater or to an imprisonment of not less than six month orboth.Whenwe talk of protecting Onthe other hand the united republic of Tanzania Constitution act 18 states that:” Every person -a) has a freedom of opinionand expression of his ideas;b) Has out right to seek,receive and, or disseminate information regardless of national boundaries;c) has the freedom tocommunicate and a freedom with protection from interference from hiscommunication;d) Has a right to be informed at all times of various important events oflife and activities of the people and also of issues of importance to thesociety.” This article of constitution protect citizen of United Republic of Tanzaniafreedom of expression without breaking the law person is allowed to express thefeelings he has.in article 18 (a) person has freedom of expression without anyinterference also a person has right to receive and communicate his ideasthrough any media, the person has no right to insult other person. Incybercrime act of 2015 remove the right of a person to insult other personusing computer system on the basis of race, color, descent, nationality, ethnicorigin or religion. Since by this act none of citizen of united republic ofTanzania is allowed to insult other person because the person is black oralbino 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 onconviction to fine of not less than three million shillings or imprisonment forterm of not less than one year or both. Since the presence of cybercrime act of2015 authority has against of a lot of people against the law example a senioruniversity lecturer who was charged in September 2016 for insulting thepresident through whatssUp messages.
Sowe can see how cybercrime is useful to Tanzania society.Also in the constitution of united Republic of Tanzania act 18(b) givethe right of person to seek, receive and, or disseminate spread widelyinformation regardless of national boundaries, so A person can attempt to find anyinformation from any country as he wish to without breaking country law. In article 18 (c) person of united republic of Tanzania has freedom tocommunicate and protection from interference from his communication. This lawis also deal with privacy of communication also normal communication. Acommunication is act of sending or receiving information it can be oral, or byletters or using computer system. Thosecommunication that deals with computer system is known electroniccommunication, According to cybercrime act of 2015 it defines electroniccommunication as transfer of a sign, signal or computer data of any naturetransmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic photo or optical system or in any other similar form. Although thenational constitution of Tanzania give freedom of communicate but it has itslimitation for-instance in cybercrime act section 23 (1) A person is notallowed to initiate or send any electronic communication by use computer systemto 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 orcausing emotional pain.
By that law it’s so clear that the united republic ofTanzania constitution is trying to protect his citizen from emotional andphysiological distress. According to this section of act anyone who contravenesthe subsection 1 of the law and commit offence and is liable on conviction to afine of not less than 3 million of Tanzania Shillings or to imprisonment of notless than 1 year or both. Also the article 18 of constitution of Tanzania give the right of personto be informed at all times of various important events of life and activitiesof the people and also of issues of importance to the society. Every citizenhas right to get information it can be through internet through radiostelevision or any other way of transmission of information any informationmaybe about vaccination or vote or any development process.Also the Transaction act of 2015 generally talked about a lot on howpeople of Tanzania we will be able to do transaction especially electronictransactions safety. Because improvement of information technology now daystransaction are done through computer systems.
The Act is improve confidenceamong financial institutions on the use of ICT to carry out their dailyactivities. The law includes electronic transaction, electronic contractselectronic certification and electronic signature (Thecitizen.co.tz, 2016)