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Report: How to prevent arbitrary internet restrictions

What you need to know:

  • The report proposes an amendment to Section 124 of the Electronic and Postal Communications Act (EPOCA), advocating that any decision to disrupt internet access should be subjected to court approval.

Dar es Salaam. With just months to go before Tanzania’s 2025 General Election, a new report launched in Dar es Salaam is calling for judicial oversight before any internet shutdowns are enforced.

This move seen as crucial to protecting digital rights and ensuring open civic participation during the country’s most critical democratic moments.

The report, launched yesterday, titled The State of Internet Governance and Analysis on Emerging Digital Threats in Tanzania 2024, was developed by Tech & Media Convergency (TMC) in collaboration with the Internet Governance Tanzania Working Group (IGTWG), with support from the US Embassy and the US Department of State’s Bureau of African Affairs.

The report proposes an amendment to Section 124 of the Electronic and Postal Communications Act (EPOCA), advocating that any decision to disrupt internet access should be subjected to court approval.

This comes in the wake of previous state-initiated shutdowns, particularly during the 2020 general election, which drew criticism from civil society for limiting freedom of expression and civic participation.

Speaking at the launch, Policy and Civic Tech Lead at TMC, Robert Majige, said judicial intervention is necessary to protect citizens’ rights during critical moments such as elections.

He said Tanzanians witnessed internet disruptions during the 2020 elections, and the consequences were damaging both to individual users and civic engagement.

“While regulatory authorities do have the mandate to manage the internet space, making major decisions such as shutdowns without checks and balances opens the door to abuse,” said Mr Majige. He said internet shutdowns disproportionately affect citizens during elections when digital platforms are vital for sharing information and participating in democratic processes.

“Our call is not to completely block state interventions, especially where national security is genuinely at risk. But at the very least, there should be a legal process—a court approval—to ensure any shutdown is justified and proportionate,” he added.

The 2024 report documents 49 digital rights-related incidents, nearly half of which (24) were deemed ‘regressive,’ pointing to ongoing repression within Tanzania’s digital ecosystem. However, internet disruptions alone in 2024 reportedly cost the country $1.4 million and impacted over 14 million users for a cumulative 1,116 hours.

Other issues highlighted include the use of outdated or vague legal provisions to suppress dissent, forced disappearances of civic-tech activists such as Sativa and Deusdedith Soka, and the widening digital divide between urban and rural populations.

Despite these concerns, the report also notes positive developments such as the operationalisation of the Personal Data Protection Commission (PDPC), the launch of the Digital Economy Strategic Framework 2024–2034, and Tanzania’s increasing involvement in global internet governance platforms.

Founder and CEO of TMC, Asha D Abinallah, described the report as both a mirror and a roadmap.

“It captures the complexities, contradictions, and possibilities within our digital ecosystem,” she said.

The report calls on the government to review and amend several key laws including the Cybercrimes Act (2015) and to fully enforce the National Cybersecurity Strategy (2022–2027). It also urges the establishment of independent commissions to investigate digital rights violations and disappearances of activists.

Executive Director of ZAFAYCO and IGTWG representative, Abdalla Abeid, said: “As we prepare for the 2025 elections, safeguarding civic-tech spaces and digital rights must become a national priority.”

Civil society organisations, academics, the private sector, and development partners are also urged to increase investments in digital literacy, public interest litigation, and ethical use of AI.