The Cybercrimes Act

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CHAPTER 443
THE CYBERCRIMES ACT
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Interpretation.
part ii
PROVISIONS RELATING TO OFFENCES AND PENALTIES
4. Illegal access.
5. Illegal remaining.
6. Illegal interception.
7. Illegal data interference.
8. Data espionage.
9. Illegal system interference.
10. Illegal device.
11. Computer-related forgery.
12. Computer-related fraud.
13. Child pornography.
14. Pornography.
15. Identity related crimes.
16. Publication of false information.
17. Racist and xenophobic material.
18. Racist and xenophobic motivated insult.
19. Genocide and crimes against humanity.
20. Unsolicited messages.
21. Disclosure of details of investigation.
22. Obstruction of investigation.
23. Cyber bullying.
24. Violation of intellectual property rights.
25. Principal offenders.

etails of investigation.
22. Obstruction of investigation.
23. Cyber bullying.
24. Violation of intellectual property rights.
25. Principal offenders.

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496
26. Attempt.
27. Conspiracy to commit offence.
28. Protection of critical information infrastructure.
29. Offences relating to critical information infrastructure.
part iii
JURISDICTION
30. Jurisdiction.
part iv
SEARCH AND SEIZURE
31. Search and seizure.
32. Disclosure of data.
33. Expedited preservation.
34. Disclosure and collection of traffic data.
35. Disclosure and collection of content data.
36. Court order.
37. Use of forensic tool.
38. Hearing of application.
part v
LIABILITY OF SERVICE PROVIDERS
39. Monitoring obligation.
40. Access provider.
41. Hosting provider.
42. Caching provider.
43. Hyperlink provider.
44. Search engine provider.
45. Take-down notification.
46. Other bligations not affected.
part vi
GENERAL PROVISIONS
47. Immunity.
48. Forfeiture of property.
49. Offence by body corporate.
50. Compounding of offences.
51. Power to make regulations.

ENERAL PROVISIONS
47. Immunity.
48. Forfeiture of property.
49. Offence by body corporate.
50. Compounding of offences.
51. Power to make regulations.

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THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
part vii
CONSEQUENTIAL AMENDMENTS
52–59. Omitted.

be reproduced or distributed without permission of OAG.497
THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
part vii
CONSEQUENTIAL AMENDMENTS
52–59. Omitted.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Cyber Crimes Act. 2. Save for section 50, this Act shall apply to Mainland Tanzania
as well as Tanzania Zanzibar. 3.

S
1. This Act may be cited as the Cyber Crimes Act. 2. Save for section 50, this Act shall apply to Mainland Tanzania
as well as Tanzania Zanzibar. 3.

In this Act, unless the context otherwise requires-
“access” in relation to any computer system, means entry to,
instruct, communicate with, store data in, retrieve data
from or otherwise make use of any of the resources of the
computer system or network or data storage medium;
“access provider” means a person who provides electronic
data transmission service by transmitting information
provided by or to a user of the service in a communication
network or providing access to a communication network;
“caching provider” means a person who provides an
electronic data transmission service by automatic,
intermediate or temporary storing information, for
the purpose of making more efficient the information’s
onward transmission to other users of the service upon
their request;
Short title
Application
Interpretation
CHAPTER 443
THE CYBERCRIMES ACT
An Act to make provisions for criminalizing offences related to computer
systems and Information Communication Technologies; to provide for
investigation, collection, and use of electronic evidence and for matters
related therewith. [1st September, 2015]
[GN. No. 528 of 2015]
Act No. 14 of 2015

tigation, collection, and use of electronic evidence and for matters
related therewith. [1st September, 2015]
[GN. No. 528 of 2015]
Act No. 14 of 2015

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THE CYBERCRIMES ACT [CAP. 443 R.E.

Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.499
THE CYBERCRIMES ACT [CAP. 443 R.E.

2023]
“child” means a person below the age of eighteen years;
“child pornography” means pornographic material that
depicts, presents or represents:
(a) a child engaged in a sexually explicit conduct;
(b) a person appearing to be a child engaged in a sexually
explicit conduct; or
(c) an image representing a child engaged in a sexually
explicit conduct;
“computer system” means a device or combination of devices,
including network, input and output devices capable
of being used in conjunction with external files which
contain computer programmes, electronic instructions,
input data and output data that performs logic, arithmetic
data storage and retrieval communication control and
other functions;
“computer data” means any representation of facts, concepts,
information or instructions, in a form suitable for
processing in a computer system, including a program
suitable to cause a computer system to perform a function;
“data storage medium” means any device, article or material
from which computer data or information is capable of
being stored or reproduced, with or without the aid of
any other device or material;
“device” includes-
(a) a computer program, code, software or application;
(b) component of computer system such as graphic card,
memory card, chip or processor;
(c) computer storage component; and
(d) input and output devices;
“electronic communication” means any transfer of a sign,
signal or computer data of any nature transmitted in
whole or in part by a wire, radio, electromagnetic,
photo electronic, photo optical system or in any other
similar form;
“forensic tool” means an investigative tool or device
including software or hardware installed on or in relation

system or in any other
similar form;
“forensic tool” means an investigative tool or device
including software or hardware installed on or in relation

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t of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CYBERCRIMES ACT [CAP. 443 R.E.

2023]
500
to a computer system or part of a computer system and
used to perform tasks which includes keystroke logging
or collection of investigation information about a use of a
computer or computer system;
“hinder” in relation to a computer system includes -
(a) causing electromagnetic interference to a computer
system;
(b) corrupting a computer system by any means; or
(c) inputting, transmitting, damaging, deleting, deteriorating,
altering or suppressing computer data;
“hosting provider” means a person who provides an electronic
data transmission service by storing information provided
by a user of the service;
“hyperlink” means a symbol, word, phrase, sentence or
image that contains path to another source that points to
and causes to display another document when executed;
“intellectual property rights” means the rights accrued or
related to copyright, patent, trade mark and any other
related matters;
“interception” in relation to a function of computer, includes
acquiring, viewing, listening or recording any computer
data communication through any other means of
electronic or other means, during transmission through
the use of any technical device;
“law enforcement officer” means a police officer of the
rank of Assistant Inspector or above or an investigator
of equivalent rank of inspector and above, member
of Tanzania Intelligence Service, prosecutor or any
authorised officer of the authority responsible for
regulation of communication or any other person
authorised in any written law;
“Minister” means the Minister responsible for Information
and Communication Technology;
“publish” means distributing, transmitting, disseminating,
circulating, delivering, exhibit, exchanging, barter,
printing, copying, selling or offering for sale, letting on

buting, transmitting, disseminating,
circulating, delivering, exhibit, exchanging, barter,
printing, copying, selling or offering for sale, letting on

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THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
hire or offering to let on hire, offering in any other way,
or making available in any way;
“property” means property of any kind, whether movable or
immovable, tangible or intangible, and includes-
(a) any currency either as a legal tender in the United
Republic or not;
(b) information, including an electronically produced
program or data or copy thereof, human or computer-
readable data; or
(c) any right or interest in property;
“racist and xenophobic material” means any material which
advocates, promotes or incites hatred, discrimination or
violence, against any person or group of persons based on
race, colour, descent, national or ethnic origin or religion; and
“service provider” means a person or party that makes
information system services available to third parties. PART II
PROVISIONS RELATING TO
OFFENCES AND PENALTIES
4.–(1) A person shall not intentionally and unlawfully access
or cause a computer system to be accessed.

PROVISIONS RELATING TO
OFFENCES AND PENALTIES
4.–(1) A person shall not intentionally and unlawfully access
or cause a computer system to be accessed.

(2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than three million shillings or three times the value of the undue
advantage received, whichever is greater or to imprisonment
for a term of not less than one year or to both. 5.–(1) A person shall not intentionally and unlawfully remain
in a computer system or continue to use a computer system
after the expiration of time which he was allowed to access the
computer system. (2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than one million shillings or to imprisonment for a term of not
less than one year or to both. Illegal access
Illegal remaining

to a fine of not less
than one million shillings or to imprisonment for a term of not
less than one year or to both. Illegal access
Illegal remaining

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502
6.–(1) A person shall not intentionally and unlawfully-
(a) intercept by technical means or by any other means-
(i) a non-public transmission to, from or within a
computer system;
(ii) a non-public electromagnetic emission from a
computer system; or
(iii) a non-public computer system that is connected
to another computer system; or
(b) circumvent the protection measures implemented
to prevent access to the content of non-public
transmission. (2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than five million shillings or to imprisonment for a term of not
less than one year or to both.

d on conviction, shall be liable to a fine of not less
than five million shillings or to imprisonment for a term of not
less than one year or to both.

7.–(1) A person who intentionally and unlawfully-
(a) damages or deteriorates computer data;
(b) deletes computer data;
(c) alters computer data;
(d) renders computer data meaningless, useless or
ineffective;
(e) obstructs, interrupts or interferes with the lawful use of
computer data;
(f) obstructs, interrupts or interferes with any person in
the lawful use of computer data; or
(g) denies access to computer data to any person authorised
to access it,
commits an offence and on conviction, shall be liable to a
fine of not less than ten million shillings or three times the
value of undue advantage received, whichever is greater, or
to imprisonment for a term of not less than three years or to
both. (2) A person who-
(a) communicates, discloses or transmits any computer
data, program, access code or command to an
unauthorised person; or
Illegal
interception
Illegal data
interference

discloses or transmits any computer
data, program, access code or command to an
unauthorised person; or
Illegal
interception
Illegal data
interference

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THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
(b) internationally and unlawfully receives unauthorised
computer data,
commits an offence and on conviction, shall be liable to a fine
of not less than two million shillings or three times the value
of the undue advantage received, whichever is greater, or to
imprisonment for a term of not less than one year or to both.

gs or three times the value
of the undue advantage received, whichever is greater, or to
imprisonment for a term of not less than one year or to both.

(3) A person who intentionally and unlawfully destroys or
alters any computer data, where such data is required to be
maintained by law or is an evidence in any proceeding under
this Act by-
(a) mutilating, removing or modifying the data, program
or any other form of information existing within or
outside a computer system;
(b) activating, installing or downloading a program that is
designed to mutilate, remove or modify data, program
or any other form of information existing within or
outside a computer system; or
(c) creating, altering or destroying a password, personal
identification number, code or method used to access a
computer system,
commits an offence and on conviction, shall be liable to a
fine of not less than twenty million shillings or three times
the value of undue advantage received, whichever is greater,
or to imprisonment for a term of not less than one year or
to both. 8.–(1) Without prejudice to the National Security Act, a person
shall not obtain computer data protected against unauthorised
access without permission.

–(1) Without prejudice to the National Security Act, a person
shall not obtain computer data protected against unauthorised
access without permission.

(2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than twenty million shillings or three times the value of undue
advantage received, whichever is greater, or to imprisonment
for a term of not less than five years or to both. Data espionage
Cap. 47

value of undue
advantage received, whichever is greater, or to imprisonment
for a term of not less than five years or to both. Data espionage
Cap. 47

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504
9. A person who intentionally and unlawfully hinders or
interferes with-
(a) the functioning of a computer system; or
(b) the usage or operation of a computer system,
commits an offence and on conviction, shall be liable to a
fine of not less than two million shillings or three times of
value the undue advantage received, whichever is greater,
or to imprisonment for a term of not less than one year or
to both. 10.–(1) A person shall not unlawfully deal with or possess-
(a) a device, including a computer program, that is
designed or adapted for the purpose of committing an
offence;
(b) a computer password, access code or similar data by
which the whole or any part of a computer system is
capable of being accessed with the intent that it be
used by any person for the purpose of committing an
offence.

or any part of a computer system is
capable of being accessed with the intent that it be
used by any person for the purpose of committing an
offence.

(2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than ten million shillings or three times the value of undue
advantage received, whichever is greater, or to imprisonment
for a term of not less than three years or to both. 11.–(1) A person shall not intentionally and unlawfully input,
alter, delay transmission or delete computer data, resulting
in unauthentic data, with the intent that it be acted upon as
if it were authentic, regardless of whether or not the data is
readable or intelligible. (2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than twenty million shillings or three times the value of undue
advantage received, whichever is greater, or to imprisonment
for a term of not less than seven years or to both. Illegal system
interference
Illegal device
Computer-related
forgery

is greater, or to imprisonment
for a term of not less than seven years or to both. Illegal system
interference
Illegal device
Computer-related
forgery

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THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
12.–(1) A person shall not cause a loss of property to another
person by-
(a) any input, alteration, deletion, delaying transmission
or suppression of computer data; or
(b) any interference with the functioning of a computer
system,
with fraudulent or dishonest intent. (2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than twenty million shillings or three times the value of undue
advantage received, whichever is greater, or to imprisonment
for a term of not less than seven years or to both. 13.–(1) A person shall not-
(a) publish child pornography, through a computer
system; or
(b) make available or facilitate the access of child
pornography through a computer system.

) publish child pornography, through a computer
system; or
(b) make available or facilitate the access of child
pornography through a computer system.

(2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than fifty million shillings or three times the value of undue
advantage received, whichever is greater, or to imprisonment
for a term of not less than seven years or to both. (3) A person who is convicted for an offence under this
section may, in addition to any other punishment, be adjudged
to compensate a person injured by the offence. 14.–(1) A person shall not publish or cause to be published
through a computer system or through any other information
and communication technology:
(a) pornography; or
(b) pornography which is lascivious or obscene. Computer-related
fraud
Child
pornography
Pornography

and communication technology:
(a) pornography; or
(b) pornography which is lascivious or obscene. Computer-related
fraud
Child
pornography
Pornography

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506
(2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable on in the case of
publication of-
(a) pornography, to a fine of not less than twenty million
shillings or to imprisonment for a term of not less than
seven years or to both; and
(b) pornography which is lascivious or obscene, to a fine of
not less than thirty million shillings or to imprisonment
for a term of not less than ten years or to both. 15.–(1) A person shall not, by using a computer system
impersonate another person. (2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than five million shillings or three times the value of undue
advantage received by that person, whichever is greater, or to
imprisonment for a term of not less than seven years or to both. 16.

the value of undue
advantage received by that person, whichever is greater, or to
imprisonment for a term of not less than seven years or to both. 16.

A person who publishes information or data presented in
a picture, text, symbol or any other form in a computer system
knowing that such information or data is false, deceptive,
misleading or inaccurate, and with intent to defame, threaten,
abuse, insult, or otherwise deceive or mislead the public or
counseling commission of an offence, commits an offence
and on conviction, shall be liable to a fine of not less than five
million shillings or to imprisonment for a term of not less than
three years or to both. 17.–(1) A person shall not, through a computer system-
(a) produce racist or xenophobic material for the purposes
of distribution;
(b) offer or make available racist or xenophobic material; or
(c) distribute or transmit racist or xenophobic material. (2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than three million shillings or to imprisonment for a term of
not less than one year or to both. Identity related
crimes
Publication of
false information
Racist and
xenophobic
material

imprisonment for a term of
not less than one year or to both. Identity related
crimes
Publication of
false information
Racist and
xenophobic
material

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THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
18.–(1) A person shall not insult another person through
a computer system on the basis of race, colour, descent,
nationality, ethnic origin or religion. (2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than three million shillings or to imprisonment for a term of
not less than one year or to both. 19.–(1) A person shall not unlawfully publish or cause to
be published, through a computer system, a material which
incites, denies, minimises or justifies acts constituting genocide
or crimes against humanity. (2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than ten million shillings or to imprisonment for a term of not
less than three years or to both. (3) For the purposes of this section, “genocide” shall have a
meaning ascribed to it under the Convention on the Prevention
and Punishment of the Crime of Genocide, 1948.

of this section, “genocide” shall have a
meaning ascribed to it under the Convention on the Prevention
and Punishment of the Crime of Genocide, 1948.

20.–(1) A person shall not, with intent to commit an offence
under this Act-
(a) initiate the transmission of unsolicited messages;
(b) relay or retransmit unsolicited messages; or
(c) falsify header information in unsolicited messages;
(2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than three million shillings or three times the value of undue
advantage received, whichever is greater or to imprisonment
for a term of not less than one year or to both. (3) For the purposes of this section, “unsolicited messages”
means any electronic message which is not solicited by the
recipient. 21.–(1) A person shall not knowingly and unlawfully
disclose details of a criminal investigation, which requires
confidentiality. Racist and
xenophobic
motivated insult
Genocide and
crimes against
humanity
Unsolicited
messages
Disclosure
of details of
investigation

nfidentiality. Racist and
xenophobic
motivated insult
Genocide and
crimes against
humanity
Unsolicited
messages
Disclosure
of details of
investigation

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508
(2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than ten million shillings or to imprisonment for a term of not
less than three years or to both. 22.–(1) A person who intentionally and unlawfully destroys,
deletes, alters, conceals, modifies, renders computer data
meaningless, ineffective or useless with intent to obstruct or
delay investigation commits an offence and on conviction,
shall be liable to a fine of not less than three million shillings
or to imprisonment for a term not less than one year or
to both. (2) A person who intentionally and unlawfully prevents the
execution or fails to comply with an order issued under this
Act, commits an offence and on conviction, shall be liable to a
fine of not less than three million shillings or to imprisonment
for a term of not less than one year or to both.

on conviction, shall be liable to a
fine of not less than three million shillings or to imprisonment
for a term of not less than one year or to both.

23.–(1) A person shall not initiate or send any electronic
communication using a computer system to another person
with intent to coerce, intimidate, harass or cause emotional
distress. (2) A person who contravenes subsection (1) commits an
offence and on conviction, shall be liable to a fine of not less
than five million shillings or to imprisonment for a term of not
less than three years or to both. 24.–(1) A person shall not use a computer system with intent
to violate intellectual property rights protected under any
written law. (2) A person who contravenes subsection (1) commits an
offence and in case the infringement is on -
(a) non-commercial basis, shall be liable to a fine of not
less than five million shillings or to imprisonment for a
term of not less than three years or to both; or
Obstruction of
investigation
Cyber bullying
Violation of
intellectual
property rights

risonment for a
term of not less than three years or to both; or
Obstruction of
investigation
Cyber bullying
Violation of
intellectual
property rights

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THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
(b) commercial basis, shall be liable to a fine of not less
than twenty million shillings or to imprisonment for a
term of not less than five years or to both, in addition,
be liable to pay compensation to the victim of the crime
as the court may deem just. 25.–(1) A person who-
(a) does an act or makes an omission which constitutes an
offence;
(b) does or omits to do any act for the purpose of enabling
or aiding another person to commit an offence;
(c) aids or abets another person in committing an
offence; or
(d) counsels or procures any other person to commit an
offence,
is deemed to have taken part in committing the offence, and
shall be charged as a person who committed an offence.

other person to commit an
offence,
is deemed to have taken part in committing the offence, and
shall be charged as a person who committed an offence.

(2) A person who procures another to do or omit to do any
act of such a nature that, if he had himself done the act or made
the omission, the act or omission would have constituted an
offence on his part, commits an offence of the same kind and
shall be liable to the same punishment as if he had himself had
done the act or the omission. 26.–(1) Where a person, intends to commit an offence, puts
his intention into execution by means adapted to its fulfilment,
and manifests his intention by some overt act, but does not
fulfil his intention to such extent as to commit the offence, he
is deemed to have attempted to commit the offence. (2) For the purposes of this section, it is immaterial-
(a) except so far as regards to punishment, whether-
(i) the offender does all that is necessary on his part
for completing the commission of the offence; or
(ii) the complete fulfilment of his intention is prevented
by circumstances independent of his will; or
(iii) he desists of his own motion from further
execution of his intention; or
Principal
offenders
Attempt

y circumstances independent of his will; or
(iii) he desists of his own motion from further
execution of his intention; or
Principal
offenders
Attempt

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510
(b) that by reason of circumstances not known to the
offender, it is impossible to commit the offence. (3) A person who attempts to commit an offence under this
Act is guilty of an offence and on conviction, shall be liable to a
fine not less than one million shillings or to imprisonment for
a term not less than six month or to both. 27. A person who conspires with another person to commit an
offence under this Act, commits an offence and on conviction,
shall be liable to a fine of not less than one million shillings or
to imprisonment for a term of not less than one year or to both. 28.–(1) The Minister may, by order published in the
Gazette, designate a computer system as critical information
infrastructure.

one year or to both. 28.–(1) The Minister may, by order published in the
Gazette, designate a computer system as critical information
infrastructure.

(2) The order under subsection (1) may prescribe guidelines
or procedures in respect of-
(a) registration, protection or preservation of critical
information infrastructure;
(b) general management of critical information
infrastructure;
(c) access to, transfer and control of data in any critical
information infrastructure;
(d) integrity and authenticity of data or information
contained in any critical information infrastructure;
(e) methods to be used in the storage or archiving data or
information in critical information infrastructure;
(f) disaster recovery plans in the event of loss of the critical
information infrastructure or any part of critical
information infrastructure;
(g) manner and procedure for carrying out audit and
inspection on any critical information infrastructure;
and
(h) any other matter that is relevant for adequate protection,
management and control of data and other resources in
a critical information infrastructure. Conspiracy to
commit offence
Protection
of critical
information
infrastructure

l of data and other resources in
a critical information infrastructure. Conspiracy to
commit offence
Protection
of critical
information
infrastructure

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.511
THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
(3) For the purposes of this section, “critical information
infrastructure” includes assets, devices, computer system, or
networks, whether physical or virtual so vital to the United
Republic that their incapacitation affect national security or
the economy and social well being of citizens. 29. Where a person commits an offence under this Act or any
written law in relation to critical information infrastructure,
that person on conviction, shall be liable to a fine not less
than one hundred million shillings or three times the loss
occasioned or to imprisonment for a term not less than five
years or to both.

fine not less
than one hundred million shillings or three times the loss
occasioned or to imprisonment for a term not less than five
years or to both.

PART III
JURISDICTION
30.–(1) The courts shall have jurisdiction to try any offence
under this Act where an act or omission constituting an offence
is committed wholly or in part -
(a) within the United Republic;
(b) on a ship or aircraft registered in the United Republic;
(c) by a national of the United Republic;
(d) by a national of the United Republic who resides
outside the United Republic, if the act or omission
would equally constitute an offence under a law of that
country; or
(e) by any person, irrespective of his nationality or
citizenship, or location, when the offence is:
(i) committed using a computer system, device or
data located within United Republic; or
(ii) directed against computer system, device or data
or person located in United Republic. (2) In this section, the term “court” means court of
competent jurisdiction. Offences relating
to critical
information
infrastructure
Jurisdiction

ic. (2) In this section, the term “court” means court of
competent jurisdiction. Offences relating
to critical
information
infrastructure
Jurisdiction

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
512
PART IV
SEARCH AND SEIZURE
31.–(1) Police officer incharge of a police station or a law
enforcement officer of a similar rank, upon being satisfied
that there are reasonable grounds to suspect or believe that a
computer system-
(a) may be used as evidence in proving an offence; or
(b) is acquired by any person as a result of an offence,
may issue an order authorising a law enforcement officer to-
(i) enter into any premise and search or seize a device
or computer system;
(ii) secure the computer data accessed; or
(iii) extend the search or similar accessing to
another system where a law enforcement officer
conducting a search has grounds to believe that
the data sought is stored in another computer
system or part of it. (2) The search under this section shall be conducted in
accordance with the relevant laws regulating the conduct of
search and seizure.

or part of it. (2) The search under this section shall be conducted in
accordance with the relevant laws regulating the conduct of
search and seizure.

(3) Where a device or computer system is removed or
rendered inaccessible following a search or a seizure, the law
enforcement officer shall, at the time of the search or as soon
as practicable after the search-
(a) prepare a list of items seized or rendered inaccessible
and the time of seizure; and
(b) issue a copy of that list to the person having control of
the computer system. (4) A person having custody or control of the computer
system may request from a law enforcement officer a permission
to access or copy computer data on the system after seizure. (5) Without prejudice to subsection (4), the law enforcement
officer may refuse to give access or provide a copy of the
information where he has reasonable grounds to believe that
giving the access or providing the copy-
(a) would constitute an offence; or
Search and
seizure

mation where he has reasonable grounds to believe that
giving the access or providing the copy-
(a) would constitute an offence; or
Search and
seizure

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.513
THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
(b) would prejudice -
(i) investigation in connection with the search;
(ii) another ongoing investigation; or
(iii) any criminal proceedings that are pending or that
may be instituted in relation to any investigation. (6) In this section, “premise” includes land, buildings, vessel
or aircraft. 32.–(1) Where the disclosure of data is required for the
purposes of a criminal investigation or the prosecution of an
offence, a police officer in charge of a police station or a law
enforcement officer of a similar rank may issue an order to any
person in possession of such data compelling him to disclose
such data. (2) The order issued under subsection (1) shall be granted
to a law enforcement officer who shall serve the order to the
person in possession of the data.

The order issued under subsection (1) shall be granted
to a law enforcement officer who shall serve the order to the
person in possession of the data.

(3) Where the disclosure of data cannot be done under
subsection (1), the law enforcement officer may apply to the
court for an order compelling-
(a) a person to submit specified data that is in that person’s
possession or control; or
(b) a service provider offering its services to submit
subscriber information in relation to such services in
that service provider’s possession or control. (4) Where any material to which an investigation relates
consists of data stored in a computer system or device, the request
shall be deemed to require the person to produce or give access
to it in a form in which it is legible and can be taken away. 33.–(1) Where there is a reasonable ground to believe that a
computer data that is required for the purpose of investigation
is vulnerable to loss or modification, the police officer incharge
of a police station or a law enforcement officer of a similar rank
may issue an order requiring the person in control of a device
or computer data to preserve the device or computer data for a
period not exceeding fourteen days. Disclosure of data
Expedited
preservation

a device
or computer data to preserve the device or computer data for a
period not exceeding fourteen days. Disclosure of data
Expedited
preservation

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
514
(2) The court may, on application, extend the order made
under section 35 for such period as the court may deem
necessary. 34.–(1) Where there is a reasonable ground that a computer
data is required for the purpose of investigation, a police officer
in charge of a police station or a law enforcement officer of a
similar rank may issue an order to any person in possession of
the data for-
(a) disclosure, collection or recording of the traffic data
associated with a specified communication during a
specified period; or
(b) permitting and assisting the law enforcement officer to
collect or record that data. (2) For the purposes of this section, “traffic data” means-
(a) information relating to communication by means of a
computer system;
(b) the information generated by computer system that is
part of the chain of communication; and
(c) information that shows the communication’s origin,
destination, route, time, size, duration or the type of
underlying service. 35.

munication; and
(c) information that shows the communication’s origin,
destination, route, time, size, duration or the type of
underlying service. 35.

Where there is a reasonable ground to suspect or believe
that the content of an electronic communication is required
for the purposes of investigation, a police officer incharge of
a police station or a law enforcement officer of a similar rank
may issue an order to-
(a) collect, record, permit or assist the relevant authority to
collect or record content data associated with specified
communications transmitted by means of a computer
system; or
(b) collect or record the computer data through technical
means. Disclosure and
collection of
traffic data
Disclosure and
collection of
content data

r
(b) collect or record the computer data through technical
means. Disclosure and
collection of
traffic data
Disclosure and
collection of
content data

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.515
THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
36. Where the disclosure or preservation of data, under
sections 31, 32, 33, 34 and 35, as the case may be, may not be
done without the use of force or due to resistance from the
part holding data or evidential value of data can be preserved
through the order of the court, a law enforcement officer may
apply to court for an order for the disclosure or preservation. 37.–(1) Where a law enforcement officer is satisfied that
essential evidence cannot be collected under this Part, he
may apply to the court for an order to authorise the use of a
forensic tool. (2) The application under subsection (1) shall contain-
(a) the name and address of the suspect;
(b) a description of the targeted computer system; and
(c) a description of the intended measures, purpose, extent
and duration of the utilisation.

t;
(b) a description of the targeted computer system; and
(c) a description of the intended measures, purpose, extent
and duration of the utilisation.

(3) The law enforcement officer shall ensure that any
modification made to the computer system or computer data
of the suspect are limited to the investigation and that any
changes reversed after the completion of the investigation is
restored into the system. (4) During investigation, the law enforcement officer
shall log-
(a) the technical means used and time and date of the
application;
(b) the identification of the computer system and details of
the modification undertaken within the investigation;
and
(c) any information obtained;
(5) The information obtained under this section shall be
protected against any modification, unauthorised deletion and
unauthorised access. (6) The authorisation under this section shall be valid for a
period of fourteen days. Court order
Use of forensic
tool

etion and
unauthorised access. (6) The authorisation under this section shall be valid for a
period of fourteen days. Court order
Use of forensic
tool

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
516
(7) The court may, on application, extend the period under
subsection (6) for a further period of fourteen days or to such
other period as it deems necessary. (8) Where the installation process requires a site visit, the
requirements of section 30 shall apply. (9) In addition to the order granted under subsection (1),
the court may, on application, order the service provider to
support the installation process of the forensic tool. (10) The Minister may, by notice published in the Gazette,
prescribe offences under which the court may grant an order
for utilisation of a forensic tool. 38. The proceedings for hearing of an application under this
part shall be ex parte and in camera. PART V
LIABILITY OF SERVICE PROVIDERS
39.–(1) When providing services in accordance with the
provisions of this Part, a service provider shall not -
(a) monitor the data which the service provider transmits
or stores; or
(b) actively seek facts or circumstances indicating an
unlawful activity.

ot -
(a) monitor the data which the service provider transmits
or stores; or
(b) actively seek facts or circumstances indicating an
unlawful activity.

(2) The Minister may prescribe procedures for service
providers to-
(a) inform the competent authority of alleged illegal
activities undertaken or information provided by
recipients of their service; and
(b) avail competent authorities, at their request, with
information enabling the identification of recipients of
their service. (3) A service provider shall not be liable for disclosure, by
a third party, of data lawfully made available to the third party
upon proving that-
(a) the third party acted without the knowledge of the
service provider; or
Hearing of
application
Monitoring
obligation

hird party
upon proving that-
(a) the third party acted without the knowledge of the
service provider; or
Hearing of
application
Monitoring
obligation

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.517
THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
(b) the service provider exercised due care and skill to
prevent the disclosure of such data. (4) Where a service provider has knowledge of illegal
information, or activity he shall-
(a) remove the information in the computer system within
the service providers control;
(b) suspend or terminate services in respect of that
information or activity; and
(c) notify appropriate law enforcement authority of the
illegal activity or information, relevant facts and the
identity of the person for whom the service provider is
supplying services in respect of the information.

ivity or information, relevant facts and the
identity of the person for whom the service provider is
supplying services in respect of the information.

40.–(1) An access provider shall not be liable for providing
access, transmitting or operating computer system in respect of
third-party material in the form of electronic communication
to which he merely provides access to or for operating facilities
via a computer system under his control, provided that he
does not-
(a) initiate the transmission;
(b) select the receiver of the transmission; or
(c) select or modify the information contained in the
transmission. (2) The transmission and provision of access referred to
in subsection (1) include the automatic, intermediate and
transient storage of the information transmitted in so far as
this takes place-
(a) for the purpose of carrying out the transmission in the
information system;
(b) in a manner that makes it inaccessible to a person other
than the anticipated recipient; and
(c) for a period no longer than is reasonably necessary for
the transmission. Access provider

le to a person other
than the anticipated recipient; and
(c) for a period no longer than is reasonably necessary for
the transmission. Access provider

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
518
41.–(1) A hosting provider is not liable for information stored
at the request of a user of the service, on condition that the
hosting provider-
(a) immediately removes or disables access to the
information after receiving an order from any
competent authority or court to remove specific illegal
information stored; or
(b) upon becoming aware of illegal information stored
otherwise than by the competent authority, shall
immediately inform the relevant authority. (2) The provision of subsection (1) shall not apply where
the user of the service is acting under the authority or control
of the hosting provider. 42.

2) The provision of subsection (1) shall not apply where
the user of the service is acting under the authority or control
of the hosting provider. 42.

A caching provider shall not be liable for the storage of
information provided that the caching provider:
(a) does not modify the information;
(b) complies with conditions of access to the information;
(c) complies with rules regarding the updating of the
information;
(d) does not interfere with the lawful use of the technology
widely recognised and used in the industry, to obtain
data on the use of the information; and
(e) acts immediately to remove or to disable access to
the information it has stored upon obtaining actual
knowledge of the fact that the information at the initial
source of the transmission has been removed from the
network, or access to it has been disabled, or that a
court or the relevant authority has ordered the removal
or disablement. 43. A hyperlink provider is not liable for the information
linked provided that the hyperlink provider-
(a) immediately removes or disables access to the
information after receiving an order to do so from the
relevant authority; and
Hosting provider
Caching provider
Hyperlink
provider

bles access to the
information after receiving an order to do so from the
relevant authority; and
Hosting provider
Caching provider
Hyperlink
provider

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.519
THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
(b) upon becoming aware of the specific illegal information
stored by other ways than an order from a public
authority, immediately informs relevant authority. 44.–(1) A search engine provider is not liable for search results,
on condition that the search engine provider-
(a) does not initiate the transmission;
(b) does not select the receiver of the transmission; and
(c) does not select or modify the information contained in
the transmission. (2) For the purposes of this section, “a search engine
provider” is a person who makes or operates a search engine
which creates an index of internet related content or makes
available electronic tools to search for information provided
by third party. 45.–(1) A person may, through a take-down notification,
notify the service provider of-
(a) any data or activity infringing the rights of the recipient
or of a third party;
(b) any unlawful material or activity; or
(c) any other matter conducted or provided contrary to
the provisions of any written law.

of a third party;
(b) any unlawful material or activity; or
(c) any other matter conducted or provided contrary to
the provisions of any written law.

(2) For purposes of this Part, a take-down notification shall
be in a permanent medium addressed by the complainant to
the service provider or its designated agent and shall include-
(a) the full names and address of the complainant;
(b) the signature of the complainant;
(c) identification of the right that has allegedly been
infringed;
(d) identification of the material or activity that is claimed
to be the subject of unlawful activity;
(e) the remedial action required to be taken by the service
provider in respect of the complaint;
(f) a statement that the complainant is acting in good faith;
and
Search engine
provider
Take-down
notification

provider in respect of the complaint;
(f) a statement that the complainant is acting in good faith;
and
Search engine
provider
Take-down
notification

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
520
(g) a statement by the complainant that the information in
the take-down notification is to his knowledge true or
correct
(3) A person who lodges a notification of unlawful
activity with a service provider knowing that it materially
misrepresents the facts, commits an offence and on conviction,
shall be liable to a fine of not less than five million shillings or
to imprisonment of a term of not less than one year or to both. (4) A service provider who fails to take action on the take-
down notification received under this section, shall be charged
as a person who initiated the contents of subsection (1). (5) A person who communicates a take-down notification
to a service provider and the service provider fails to act upon
the notification, the person may notify a competent authority
of the failure to take-down and the competent authority may
take down or order the service provider to act on the take-down
notification or take any other measures to resolve the matter.

competent authority may
take down or order the service provider to act on the take-down
notification or take any other measures to resolve the matter.

(6) A service provider shall not be liable for a take-down
done in compliance to a notification under this Act. 46. This Part shall not affect obligation of a service provider that-
(a) has been formed by an agreement;
(b) is acting as such under a licensing or other regulatory
regime established under any written law; or
(c) has been imposed by law or by order of a court to remove,
block or deny access to any electronic communication
or to terminate or prevent unlawful activity. PART VI
GENERAL PROVISIONS
47.–(1) Notwithstanding any other law to the contrary,
anything done by law enforcement officer in the execution of
functions conferred upon such law enforcement officer under
this Act, render such law enforcement officer personally liable
for such matter or thing. Other obligations
not affected
Immunity

cement officer under
this Act, render such law enforcement officer personally liable
for such matter or thing. Other obligations
not affected
Immunity

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.521
THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
(2) A person shall not be liable in respect of the performance
of any act or omission where such act or omission was done
in good faith and without negligence in accordance with the
provisions of this Act. 48.–(1) In addition to a penalty imposed under this Act, the
court may order forfeiture of any-
(a) property constituting traceable proceeds of such
offence; and
(b) device or property used or intended to be used to
commit or to facilitate commission of the offence. (2) In addition to an order that may be made under
subsection (1), the court may order the convicted person to
pay the victim of the offence such compensation as the court
may deem just. 49.

made under
subsection (1), the court may order the convicted person to
pay the victim of the offence such compensation as the court
may deem just. 49.

Where a corporate body is convicted of an offence under
this Act, every person who, at the time of commission of the
offence was-
(a) a director, officer or is otherwise concerned with the
management of, the corporate body; or
(b) knowingly authorised or permitted the act or omission
constituting the offence,
is deemed to have committed the same offence unless every
such person proves that the commission of the offence took
place without his consent or that he exercised due diligence
to prevent the commission of offence and may be proceeded
against and punished accordingly. 50.–(1) Without prejudice to any other law in force in Mainland
Tanzania, the Director of Public Prosecutions may, at any time
prior to the commencement of court proceedings and subject
to a voluntary admission of the commission of offence under
this Act, compound the offence and order that person to pay a
sum of money specified by him but not exceeding the amount
of fine prescribed for any of such offence. Forfeiture of
property
Offence by body
corporate
Compounding of
offences

him but not exceeding the amount
of fine prescribed for any of such offence. Forfeiture of
property
Offence by body
corporate
Compounding of
offences

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CYBERCRIMES ACT [CAP. 443 R.E. 2023]
522
(2) The compounding order under subsection (1) shall be-
(a) in writing, specifying the offence committed, the sum
of money to be paid and the date for payment and
have attached the written admission referred to in
subsection (1);
(b) final and not subject to any appeal; and
(c) enforced in the same manner as an order of the High
Court.
51. The Minister may make regulations with respect to any
matter which, by this Act, is required to be prescribed or which
is necessary for giving effect to this Act.
PART VII
CONSEQUENTIAL AMENDMENTS
52.–59. [Omitted.]
Power to make
regulations
Omitted