Difficulties in Establishing Liability in Online Defamation; Tanzania Experience

Abstract

This paper is devoted to uncover difficulties in establishing liability in online defamation in Tanzania. The focus is on the effectiveness of the current laws and regulations relating to online defamation; and the lack of awareness on the part of the general public on legal and practical challenges in establishing liability over defamatory comments occurring on the internet.

The investigator discovered that, the existing legal framework in Tanzania cover issues of establishing liability in online defamation suffers from a number of inadequacies. Moreover the legal and practical challenges includes, the weakness of some law and regulations covering online defamation, limitation periods, jurisdiction and choice of law issues, investigation and admissibility of electronic evidence and its authenticity, identifying anonymous defendant and the rights to privacy. The author recommends that the government has to consider amending its law by taking on board the forgotten stakeholders opinions that would address by dealing with specific issues of liability in online defamation to internet users, Internet Service providers(ISP’s) and intermediary for their defamatory comments.