To illustrate further, if the Clubhouse is used for sharing prohibited content as
prescribed under the Cybercrimes Act, Act No. 14 of 2015, Electronic and Postal
Communications (Online Content) Regulations 2020 as amended in 2022 or if the
Clubhouse platform is used to facilitate infringement of intellectual property rights such as
copyright it can be restricted through the law itself by making it an offence to violate
intellectual property such as Section 24 of the Cybercrimes Act, or restriction through
legally sanctioned technical means, that is code. For instance, Section 44 of the Copyright
and Neighbouring Rights Act, Cap 218. This provision of the law allows the use of technical
measures of protection known as digital right management system (DRM) to secure
copyright in the digital environment.
Having so explained, we are inclined to answer the second issue that access to
Clubhouse is a fundamental right of the Petitioner in the affirmative. However, such a right
may be subject to limitations as stated above.
Advancing to the third issue, whether the restrictions on access and
availability of Clubhouse in Tanzania by the 2nd Respondent are justifiable, it is
ideal and logical that before answering this question, we inquire whether there
is any restriction on access to the Clubhouse in Tanzania. The Petitioner herein
complains through paragraphs 4, 5 and 6 of the affidavit in support of the petition and
paragraphs 12 and 13 of the rejoinder affidavit that he is being restricted to access
Clubhouse. Additionally, the Petitioner complained that the Second Respondent as the
controller and the regulator of Tanzania cyberspace is responsible for restricting ordinary
access and availability of Clubhouse. The Petitioner laments that the only possible
way to access the Clubhouse is using a VPN.
In addition to his own personal experience and averments about the restrictions on
access; the Petitioner has additionally relied on the report of a leading organisation that
monitors internet shutdowns and restrictions, entitled, Open Observatory of Network
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