MZUMBE UNIVERSITY

MBEYA CAMPUS COLLEGE

DEPARTMENT OF ADMINISTRATIVE STUDIES

COURSE; LLB I

PROGRAMM NAME; ICT LAW

PROGRAM CODE; LAW 110

NATURE OF THE WORK; GROUP ASSIGNMENT NO. 15

LECTURER; DR. MTAVANGU.

NAME OF THE STUDENTS

S/ NAME OF THE STUDENT REG NO.

N
1 MOSES MATHIAS MAKOE 2631266/T.21
2 ABDALLAH I. JUMA 2631185/T.21
3 ANTHONY GERALD KANIKI 2631268/T.21
4 BEATRICE MARTIN OSUJAKI 2631002/T.21
5 ESTER JOEL RICHARD 2631275/T.21
6 GRACE BENSON CHARLES 2631270/T.21
7 BELITHORD NESTORY PESHA 2631272/T.21
8 BLENDA JUMA MWASONGWE 2631263/T.21
9 SARAFINA BONIFACE ANTON 2631173/T.21
10 RUTH G. YANAI 2631278/T.21
11 HASSAN HUSSEN YAHAYA 2631187/T.21
12 HAMZA HASSANI AMRI 2631271/T.21
13 BARIKI ROBIN MWAKALINGA 2631273/T.21
14 SHABAN ATHUMAN NTAHONDY 2631011/T.21
15 CHRISTOPHER M. JACKSON 2631264/T.21
16 AKLEI J. MWASENGA 2631260/T.21
17 JACQUELINE JUSTINE HATARI 2631267/T.21
18 RAHEL T. MALWA 2631262/T.21

QUESTION;

“Development of cyberspace bear legal implications in Tanzania has not kept pace with the
changes in order to properly regulate related activities happening under cyberspace.” How far is
this statement correct or false?
1.0 INTRODUCTION

1.1 concept of cyberspace

1.2 development of cyberspace in Tanzania

1.0 MAINBODY

2.1 legal implication of cyberspace in Tanzania

2.0 CONCLUSION

REFERENCE
1.0 INTRODUCTION

1.1 concept of cyberspace

Cyberspace can be defined as an intricate environment that involves interactions between people,
software, and services. It is maintained by the world wide distribution of information and
communication technology devices and networks.1 The use of cyberspace and technology has
resulted in cyber transactions, cybercrimes, jurisdiction problems and others. Therefore this lead
to the rise of the relevant legal frame work that will bridge the gap between digital technology
and the law.2 The legal implications brought by cyberspace have contributed to the growth of the
subject of cyber law or ICT law.3 Due to the exponential growth of the internet legal institutions
face serious questions on how to regulate the cyberspace or whether it should regulated at all.4

So from the quotation that “Development of cyberspace bear legal implications in Tanzania has
not kept pace with the changes in order to properly regulate related activities happening under
cyberspace.” It’s correct that there are some legal implications brought by the development of
cyberspace which does not keep pace with the changes so as to regulate related activities
happening under the internet.

2.0 MAINBODY

2.1 legal implication of development of cyberspace in Tanzania

The legal implication of E-commerce in Tanzania, the rapid growth of e-commerce over the
world has brought challenge and affects Tanzanians commercial offline laws and other related
laws and the society at large given the nature of paper based transactions. 5Also the legal system
in Tanzania is mainly based on transaction such as digital signatures, reforms to business laws,
dispute settlement and others have not yet been promulgated. The law was designed to facilitate
paper- based transactions that require the use of document, written notices and manuscript
signature. These laws are thus not turned to technological changes. 6 Most laws that deal with
1
www.tutorialspoint.com retrieved on 18th January 2022
2
Adam,j.m.,(2010),Ict Law Book a source book for information & communication technology and cyber law.Mkuki
na Nyota publishers.pg3
3
ibid
4
Yeen,f.l.,(2007),Cyberspace Law(commentaries and materials)2 ndEd,Oxford University press.pg.1
5
ibid.pg13
6
ibid.pg.3
contract provide for certain legal requirements which might only apply on the physical world
environment. For instance where the contract is concerned three different type of formalities may
be required which are writing, signature and some kind of third party authentication or
involvement such as notarial execution. 7 The signifant challenge for the law is thus to facilitate
the use and development of e-commerce through creating an enabling and suitable environment
in which it can develop, some area which is affected by the use of e-commerce are copyright,
data protection and confidentiality.8

Legal implications of ICT policy statements in Tanzania, the ICT Policy provide that
globalization and the pervasiveness of ICT especially on internet have given right to new types
of needs, rights and vulnerabilities.9 For secure electronic transaction to occurs, environment of
trust must be created and sustained through the legal and regulatory apparatus, also the cyber
criminal around the world are constantly seeking loopholes to perform illegal business any
country that has inadequacy cyber law is essentially offering safe haven for cyber criminal.
Tanzania needs to create and sustain secure cyber law environments in addition to already
exciting registration before any significance new development can emerge in ICT related
services.10

Legal implications of technology on civil procedure laws in Tanzania, civil procedure law in
Tanzania is most consumed law and compile it with the digital technology. This law provide that
all documents that are required in the filling system at the court of law needed to be in writing,
signed and original.11 For example in summons (summons to appear and summons to file a
defense) require a signature of the person to whom the copy is derived or tendered to be an
acknowledgement of services endorsed on the original, 12 this is also provided under order V rule
16 of the Civil Procedure Code.13 It is mandatory for a defendant or agent to sign in appropriate
place on the summon as evidence and a copy of it will be left with the defendant. The word sign
implies hand written or manuscript signatures14

7
ibid.pg.13
8
ibd
9
Ibid. Pg 12
10
ibid
11
ibid. Pg.154
12
ibid. Pg.155
13
CAP 33 R.E 2019
14
ibid. Pg.155
Legal implication of digital technology on traditional principles of jurisdiction, the
determination of jurisdiction is mainly based on principles of geographical location which has
always been difficult to apply under the cyberspace because it has no geographical boundary.
Under digital technology it is now possible for a website to be viewed from different places in
the world where there is access of the internet. Through this geographical location is becoming
less significance in the context of jurisdiction the cyberspace would allows information over the
internet to easily pass through a network or network linked to other computer or network.

The legal implication of technology on the communication sector, the development of digital
technology as brought a great impact on the communication or telecommunication sector. 15
While in the past technology development on could observe separate technology such as voice
data and videos that can now share resources and interactive with one another creating the so
called new inefficient known as the current trend under the ICT there’re various demerged
networks, services, films and device creating different types of convergence indeed this trend as
brought new legal and regulatory challenge including re-orienting the licensing framework
toward addressing the reality of convergence.16

2.1 CONCLUSION

Generally Tanzania has adopt the development of cyberspace but there are some challenges
which hindering the development of cyberspace such as inadequate of tools of gathering
electronic evidences, shortage of expertise in critical assessment in cyber law, poor technology
especially in discovering cyber crimes .Also most of the court of Law in Tanzania have not
connected with the application of video especially subordinates courts.

15
ibid.Pg. 52
16
ibid
 REFERENCE

STATUTES

Civil Procedure Code CAP 33 R.E 2019

BOOKS

Adam,j.m.,(2010),Ict Law Book a source book for information & communication technology and
cyber law.Mkuki na Nyota publishers

Yeen,f.l.,(2007),Cyberspace Law(commentaries and materials)2ndEd,Oxford University press

ONLINE SOURCES

www.tutorialspoint.com retrieved on 18th January 2022