content or for managing congestion in the network. These are legitimate reasons to block
access to certain content, network, or website.
But for such traffic management practices or codes to operate legitimately, they must
be authorised by the law. That is because it is the lawmaker through a law enacted that
sanctions how the citizens' behaviours should be controlled in cyberspace like other spaces.
The Respondents have submitted that the 2nd Respondent besides being not the developer of
the Clubhouse audio platform, the latter platform is not registered, incorporated, or licensed
to operate in Tanzania so the regulator could have a mandate to regulate it. The
Respondents' State Attorney went on submitting that the 2nd Respondent has no power to
either register it or issue licence to apps such as the Clubhouse. Hence it cannot be
condemned to restrict its access. We are of the view that such an argument was unnecessary
as it exposes the 2nd Respondent. That is because the TCRA regulates electronic
communications in Tanzania. Its powers are not predicated on licensing or registration only.
Besides the Tanzania Communications Regulatory Authority (TCRA) has power under EPOCA,
Act No. 3 of 2010 to prosecute any provider of electronic communications service as well as
those providing apps in Tanzania without a licence. From this it means if the app's service
provider is unregistered or unlicenced then the TCRA can legitimately block its accessibility in
Tanzania's cyberspace. But that will depend on the TCRA's motives to do so. For instance, the
apps that enable people to commit crimes may legitimately be blocked by the TCRA.
It means that the TCRA and other law enforcement agencies may block or restrict
access to certain websites, or apps that are used to facilitate the commission of crimes. For
instance, under the Cybercrimes Act, the Copyright and Neighbouring Rights Act, Electronic
and Postal Communications (Online Content) Regulations, 2020, GN 538 of 2020 as amended
by GN No. 136 published on 18/03/2022, and the Computer Emergency Response Team
(CERT) Regulations, 2023, GN No. 570 published on 18/03/2023 the TCRA and other law
enforcement agencies and in some instances even Internet Service Providers may block or
21
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