UNIVERSITY OF DAR ES SALAAM

SCHOOL OF LAW

MASTER OF LAWS (LL.M) IN CORPORATE AND COMMERCIAL LAW

GRADUATE ESSAY

NAME; AGNESS EDSON LWIMIKE

REG NO: 2020-06-01993

SUPERVISOR: DR. DANIEL SHAYO

TITTLE
Critical Analysis of the Digital Content Licensing under the Online Content Regulations in
Tanzania.”

TABLE OF CONTENTS
1.1 Introduction................................................................................................................................3

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1.2 Background of the Problem.......................................................................................................3

1.3 Statement of the Problem...........................................................................................................4

1.4 Research Objectives...................................................................................................................4

1.4.1General Objective....................................................................................................................4

1.4.2 Specific Objectives.................................................................................................................4

1.5 Research Questions....................................................................................................................5

1.6 Significance of the Study...........................................................................................................5

1.7 Scope and Limitation of the Sstudy...........................................................................................5

1.8 Literature Review......................................................................................................................5

1.9 Methodology..............................................................................................................................6

1.9.1The Primary Data Collection Method......................................................................................6

1.9.1.1 Questionnaire.......................................................................................................................7

1.9.1.2 Interview..............................................................................................................................7

1.9.2 Secondary Data Collection Method........................................................................................7

1.10 Sampling..................................................................................................................................8

1.10.1 Sampling Unit.......................................................................................................................8

1.10.2 Sampling Technique.............................................................................................................8

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1.1 Introduction

This section contains all elements of a research proposal, background of the problem, statement

of the problem, research objectives and questions, literature review as well as research

methodology.

1.2 Background of the Problem

Content licensing primarily concerns the licensing of property, which itself consists of certain

legal rights. Besides copyright law, content licensing takes places within the context of rights and

obligations stemming from an array of local, national, foreign, and international law. Digital

technology can help address a range of socioeconomic challenges in any society. (Burgess J

(2013). This is particularly true in developing countries where large swathes of the population

lack access to essential services, mainly due to insufficient resources and weak infrastructure. In

many countries, digital technologies and the internet in particular now serve as a platform for

improving healthcare, education, commerce, information sharing, employment and innovation.

Tanzania's digital ecosystem has evolved considerably in the last decade. More people use digital

services today than at any time in the past. In 2016, the government of Tanzania launched the

National ICT Policy 2016, an update to an earlier version adopted in 2003, in recognition of the

contribution of the ICT sector to promoting socioeconomic development in the country. (George

M & Others, 2017). Also Tanzania took a step in digital content licensing after enacting the

Electronic and Postal Communications Act of 2010 which give a way for enactment of many

regulations such as Electronic and Postal Communication (Digital and other Broadcasting

Networks) Regulation of 2018 and the Electronic and Postal Communications (Online Content)

Regulations of 2020.

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1.3 Statement of the Problem

With the enactment of laws and regulations governing digital content licensing in Tanzania. The

laws and regulation provides many requirements to be complied for one to be given a digital

content licensing. The question and difficult has been on the digital content licensing fees for one

to be given a license. Different writers have been addressing conflict views other supporting the

requirement of license and others disputing the requirement of license on the reason that the cost

for online content license is high and make it difficult for other service provider to afford as a

result fail to operate and render services. (Rogers R, 2015).

The law also gives some enormous power of the authority to revoke and suspend the provider’s

license with no right to be heard. With this conflicting views the study intends to make an

assessment on the effectiveness of this regulation as far as online content license is concerned.

After conducting this study, the researcher will be in the position to identify challenges.

1.4 Research Objectives

This study is composed of two sets of objectives which are general objective and specific
objectives

1.4.1General Objective
The general objective of the study is to make a critical analysis on the Digital content

regulation on online regulation in Tanzania.

1.4.2 Specific Objectives

Specifically, the study aims at achieving the following objectives:

i. To make analysis of the effectiveness of the online content regulation on Digital

content licensing

ii. To identify weaknesses of the online content regulation on Digital content licensing.
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1.5 Research Questions

This study is guided by research questions.

i. What are the effectiveness of Online Content regulation on Digital content licensing

ii. What are the weaknesses of the online content regulation on Digital Content

licensing.

1.6 Significance of the Study

The study will have the following significance to whole community, stakeholders as well as

Digital content users. It will help all Digital content users to convey the information that is not

contrary to ethics and morality in the society.

1.7 Scope and Limitation of the Sstudy

This study focuses on analysis on digital content licensing in respect to online content regulation

in Tanzania. The study will be conducted within Ubungo Municipality because it is one of the

municipalities within Dar es Salaam Region where there is a head office of the governmental

institution deals with power to issues digital content licensing in Tanzania.

1.8 Literature Review

This part aims at reviewing literature as used by various authors in analyzing the problem of

property tax compliance in various parts where this tax is imposed and collected. The following

are the literature review from the different authors who address issues concerning property tax

administration.

Paul G in his work stated that Content licensing primarily concerns the licensing of property,

which itself consists of certain legal rights. Besides copyright law, content licensing takes places

within the context of rights and obligations stemming from an array of local, national, foreign,

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and international laws.1 Such law may concern author or creator’s ‘‘moral rights,’’ The

relevancy of this work towards the study is that it provides the importance of digital content

licensing to all Digital content creator and users. However, with a great arguments from the

author, the work has got a gap to be covered as it does not provide the costs incurred by Digital

Content providers to be legally providers of those contents/information. With this study such gap

will be covered by identifying costs as challenge towards digital content licensing.

Hughes A, stated that Digital content providers are causing intense pressure on traditional

content providers by challenging the established industry value chain, redefining the rules of

competition and altering traditional key success factor. 2 While the development of information

and communications technology is an ongoing process that has been in train for more than a

century, the last decade has been unusually spectacular and disruptive. The relevancy of this

study toward research essay is that the work provides positive impact of digital content licensing

in our society.

However, the work has left a gap that need to covered, the work does not provide anything

pertaining to costs of publishing digital content and how it affect digital content providers. By

conducting this study the researcher believed that this gap will be covered.

1.9 Methodology

The researcher will employ various methods of data collection so as to come up with the best

results on the challenges facing property tax collection.

1.9.1The Primary Data Collection Method

The researcher expects to obtain data through questionnaire and interview.

1
Paul D, (2003), Digital Content Licensing, New York at page 873
2
Hughes A, (2017). A guide to Media Monitoring and Corporate Licensing; A potential new market. United
Kingdom at page 86.

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1.9.1.1 Questionnaire

The researcher will employ both open ended and closed ended questionnaire due to reason that

most of respondents are normally very busy with their work therefore it is not easy to make an

appointment to meet with these people for the interview rather than just giving them list of

questions so that they can answer them at their own convenient time. The use of questionnaires

in this paper has been chosen for it is the most affordable way that will help in gathering

quantitative data needed for this paper. Apart from being inexpensive, the method will enable the

researcher to cover every aspect of the topic as many questions as possible.

1.9.1.2 Interview

The researcher expects to collect data by employing interview method specifically unstructured

interview during the interview as the method seem to be usefully where in depth information is

required, being not enough structured interview is flexible in the sense that it allows an

interviewee to seek clarification on the kind of questions that the researcher asks. The interview

method to be employed is expected to be more advantageous as the researcher will be in a

position to select suitable interviewees who will provide suitable answers. By using this method,

communication with the persons to be interviewed will be accomplished within a very short

period of time.

1.9.2 Secondary Data Collection Method

The researcher will employ secondary data collection method such as library searches, where

data from the University of Dar -es -Salaam Library and Institute of Tax Administration Library

will be obtained.

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1.10 Sampling

1.10.1 Sampling Unit

The researcher expects to collect data from the following groups:

1.10.2 Sampling Technique

The researcher will apply simple random sampling in selecting the samples to represent the

entire population. The researcher used this technique simply because this technique normally

removes bias during the selection procedure since each member of the population is equally

likely to be chosen as party of sample.

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 References
Paul D, (2003), Digital Content Licensing, New York.

George M, and Blandina K (2017). Digital Transformation in Tanzania: A role of Mobile

Technology and Impact on development goals, Tanzania.

Hughes A, (2017). A guide to Media Monitoring and Corporate Licensing; A potential new
market. United Kingdom.
Burgess, J., Bruns, A., & Hjorth, L. (2013). Emerging methods for digital media research: An
introduction. Journal of Broadcasting & Electronic Media, 57(1), 1–3.

Rogers, R. (2015). Digital methods for web research. In R. Scott & S. Kosslyn (Eds.), Emerging
trends in the social and behavioral sciences. London: John Wiley & Sons.

Weltevrede, E. (2016). Repurposing digital methods: The research affordances of platforms and
engines. University of Amsterdam, Amsterdam.