mechanism to identify source of content and compels internet cafes to
install surveillance cameras to record and archive activities inside the
internet cafe, respectively.
Four, interference with the right to freedom of information which
leads to illegality. The applicants are greatly disturbed by regulation 14
which establishes a mandatory registration scheme.
Five, arbitrariness. It is argued on part of the applicants that
regulation 4 (b), which allows the Authority to take action against the
non-compliance but does not provide for the type of the action being
taken, is open-ended and gives room for subjective interpretations
which attracts arbitrary use of it.
Six, prohibition of overly-broad and ambiguous categories of
content. The attack is on regulation 12. According to the applicants, the
type of speech prohibited by regulations 12 (f) and (g) is wide ranging
and poorly defined, making it impossible for the public to know in
advance what conduct or speech is criminalized and that this may lead
to prohibition of broadcasting news regarding violent crimes or
campaigns highlighting the dangers of domestic violence or sexual
trafficking. Furthermore, it is equally contended that prohibited images
or content may also expose abuses at the hands of the police or other
authorities such as unnecessary violence against the public and or
marginalized groups information that is clearly in the public right thus
contravening the Constitution of the United Republic of Tanzania.
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