users with the view to establish the source of prohibited content as
provided under regulation 12 of the Regulations.
As far as ground No. 4 is concerned, it was pointed out for the
respondents
that
the
requirement
under
regulation
14
of the
Regulations are provided as a regulatory measure for on line content
providers and users under power conferred to the 1st respondent in
pursuant to sections 15 and 103 (1) of EPOCA.
On ground No. 5 it was learned senior state attorney’s contention
that regulation 4 (b) of the Regulations is part of the regulatory measures
entrusted to the 2nd respondent by the Principal Act and further that
any person aggrieved with the decision of the 2nd respondent, there is a
well-established mechanism to challenge that decision.
Disputing ground No. 6, learned senior state attorney for the
respondents told the court that regulations 12 (f) and 12 (g) of the
Regulations is clear and complemented by other laws. Further that,
regulation 12 does not contravene the Constitution of the United
Republic of Tanzania.
Challenging ground No. 7, Mr. Ladislaus Komanya stated that by
the date of the application of these Regulations a total number of 233
online content service providers had submitted their applications for
registration through online website. He attached a list of the application
as of 5th May, 2018.
9
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