The brief background to the application may be stated as follows.
The Electronic and Postal Communications Act, Cap. 306 (Act No. 3 of
2010) hereinafter referred to as the Parent or Enabling Act enacted by
the National Assembly was assented to by the President on 20th day of
March, 2010 and came into force on 7th day of May, 2010. It repealed
the Broadcasting Services Act, 1993 and the Tanzania Communications
Act, 1993 with the aim of putting the communications sector abreast
with developments in the electronic communications industry by
providing for a comprehensive regulatory framework for electronic and
postal
communications
service
providers.
The
1st
respondent
promulgated the Regulations under the said Act. These Regulations
known as the Electronic and Postal Communications (Online Content)
Regulations, 2018 specify the obligations of service providers and users
of online platforms including social media, discussion forums as well as
online broadcasts such as radio and television. The same Regulations
confer powers on Tanzania Communications Regulatory Authority,
known by its acronym TCRA, to regulate online content including
through registration of users and platforms, and taking action against
non-compliance with the obligations such as ordering removal of
prohibited content. Besides, these regulations contain some important
provisions and set minimum standard requirement with regards to the
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