Interference [OONI] found at https://explorer.ooni.org/findings/185407756401.
The Petitioner claims that in this report attached as Annex CH 03 to the rejoinder
Affidavit, it is stated categorically, that Tanzania, through the superintendence of the
Second Respondent, has blocked Clubhouse as of 13.08.2023 and that restriction on access
and availability is ongoing. The Court took trouble of examining the so called OONI report.
Truly, the report is not conclusive as it suggests or suspects that in Tanzania Clubhouse is
being blocked. The report is dated 13th August 2023, and it states that the unconfirmed
blocking is still ongoing. The blocking is done at transport layer security (TLS). According to
OONI which is a non-profit software project based in Rome, Italy, its report is based on a
Web Connectivity test they conducted on www.clubhouse.com
in Tanzania between 1st
May 2023 to 23rd November 2023. It is important to note that the OONI graph has
connectivity index indicators, whereas green shows that there is no blocking or Clubhouse
is accessible, yellow shows that there are anomalies (presupposing possible blocking), and
red shows that there is blocking. According to the OONI report itself the blocking was not
confirmed. Moreover, the report did not tell who was blocking the Clubhouse. But the report
used the words "Tanzania is blocking." That presupposes that the Government was blocking
the Clubhouse access. A key point that should be underlined here is that the blocking is
merely suspicion, and it has not been confirmed. This alone is enough to dismiss the
allegations of blocking the Clubhouse in Tanzania.
Let us now turn to the credibility of the OONI report. The OONI report is
questionable for several reasons. The Petitioner did not bring evidence from the maker of
the report as there was no affidavit that was filed from that maker. Mr Kisabo (the
Petitioner and sole witness) was neither the maker of the OONI nor did he explain how the
report reached him. While we understand that the OONI report is an electronic document
hence electronic evidence. We are also mindful of the fact that Section 18(2) of the
Electronic Transactions Act [Cap. 442 R.E. 2022] (herein cited as ETA) was amended by
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