Provisions in Tanzania’s online content rules under the Electronic and Postal Communications Act (EPOCA) have been challenged in the East African Court of Justice, with human rights groups saying they violate freedom of expression and the East African Community (EAC) Treaty.
Four organizations, including the Legal and Human Rights Centre (LHRC), Media Council of Tanzania (MCT), Tanzania Human Rights Defenders Coalition (THRDC), and the Center for Strategic Litigation, filed the case against the Attorney General.
Yesterday, the case was heard before a five-judge panel led by Justice Johanes Masara. Lawyers representing the petitioners argued that certain rules in the law, even after amendments in 2022 and 2025, impose harsh penalties on online content.
Offenders risk fines of up to TZS 5 million or 12 months in prison. “These punishments are too severe and limit people’s freedom to share their opinions online,” said lawyer Jeremiah Mtobesya.
Lawyer Peter Majanjala also said the law’s licensing requirements for online content creators are problematic. “Not all content is commercial, yet the licensing rules apply to everyone. This creates unnecessary barriers,” he said.
The petitioners further argued that the rules violate EAC Treaty principles on good governance, democracy, accountability, transparency, equality, gender fairness, and protection of human rights.
They asked the court to declare the rules inconsistent with both the EAC Constitution and fundamental human rights, especially freedom of expression and access to information.
Government lawyers, led by Stanley Kalokola, defended the law, saying many contested provisions have already been amended and do not breach human rights.
After hearing submissions from both sides, Justice Masara said the court would set a date to deliver judgment.
This is the fourth human rights case the East African Court has heard in one week, including petitions on constitutional rights and challenges to government policies.
