Pornography for erectile dysfunction

I am a doctor specialising in erectile dysfunction (ED) and incorporate pornography into both the assessment and treatment of this condition, which unfortunately affects many men. Recently, a police officer with ED came in for a consultation. He hinted to me that pornography is illegal in Tanzania. I was shocked since I use it for medical purposes regularly. Surprisingly, the police officer even had pornography on his phone and dismissed my concerns about the legality of his actions while continuing with the treatment. Could you please advise me on the legality of using pornography to treat ED? If this is illegal, how will I assist all the men facing such serious issues?
EK, Mwanza

It seems that you are navigating a complex intersection of medical practice and legal boundaries. In Tanzania, pornography is indeed prohibited under the Cybercrimes Act (Act No. 14 of 2015) amongst other laws. According to section 13 and 14 of the Cybercrimes Act, the publication, distribution, and creation of pornographic material, including child pornography, are prohibited. The government has even implemented systems to restrict access to such content. Therefore, it was illegal for the police officer patient you saw to possess pornography notwithstanding that he is in the police forces.

Regarding the use of pornography in your medical practice, our review of Tanzanian law has led us to conclude that there are no explicit exceptions for such use in medical contexts. However, for medical purposes, pornography might be permitted, similar to how the law allows the use of narcotic drugs for lawful and reasonable reasons as prescribed in the Drug Control and Enforcement Act, Cap. 95 [R. E 2019].

Nevertheless, even if there are exceptions, you may potentially face legal risks, especially if your treatment is discovered to involve child pornography. Section 13 of the Cybercrimes Act prohibits the publication of child pornography through a computer system or making available or facilitating access to child pornography through a computer system. A person who contravenes this commits an offence and is liable, upon conviction, to a fine of not less than TZS 50M or three times the value of the undue advantage received, whichever is greater, or to imprisonment for a term of not less than 7 years, or both. Furthermore, a person convicted of an offence under this section may, in addition to any other punishment, be ordered to compensate a person injured by the offence.

To be on the safe side of the law, it might be worth exploring alternative methods for assessing and treating erectile dysfunction that align with local regulations. For instance, focusing on psychological therapies, physical treatments, or educational materials that don’t involve explicit content could be effective.

You may also want to consult a legal expert to gain a deeper understanding of the law and its application in medical contexts. This could help you find a way to continue supporting your patients while remaining within legal boundaries. It is a challenging situation, but your dedication to helping men with ED is commendable. Consult your lawyer for further guidance.

Prenuptial agreement

I am a single, older man seeking a woman to marry. I spent most of my youth building wealth, which has now made me a millionaire.  Having accomplished a great deal in my life, I have decided to get married, despite being somewhat older. My concern is that if I succeed in finding a wife, I am informed she may be entitled to my wealth.  In the event of a divorce, my fear is she would diminish my wealth. In my business travels to the United States, I have heard people discuss pre-nuptial agreements (prenups) as a mechanism for preserving wealth in marriage. However, I have not encountered this arrangement in Tanzania. Does the law allow for the signing of prenuptial agreements? Please guide me.
LK, Dodoma

A prenuptial agreement, also known as an antenuptial agreement or premarital agreement, is a contract entered into before marriage between two individuals who intend to marry. The contents of a prenuptial agreement can vary widely. They commonly include provisions for the division of property and spousal support in the event of divorce or the breakdown of the marriage. The agreement may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery, and further conditions of guardianship may be included as well. It is not uncommon for wealthy individuals to enter into this agreement, which often includes provisions regarding assets owned prior to marriage. In such cases, these assets would remain, in the event of divorce, with the party who owned them before the marriage. That provides for an ‘asset safety zone’ for the party that could end up paying billions in divorce settlement claims over property.

In some countries, especially in the United States, people prefer these contracts as they are regarded as ultimate tests of love, the only way of knowing that one is truly wanted and not just for their wealth. In Tanzania, the Law of Marriage Act, Cap. 29 [R.E 2019] is silent on this issue, understandably so since it is quite a recent phenomenon. The Courts have also not been called upon to test this, and hence, our answer is based on our reading of the subject, in addition to the general legal framework in Tanzania. However this does not mean that prenups are prohibited in Tanzania. The legality of a prenuptial agreement in Tanzania will likely depend on how it is drafted. If it undermines morality or contravenes public policy, the agreement will likely be deemed void, but we believe not otherwise.

Hence there is no harm in drafting this kind of agreement, and we highly recommend that you do so for your peace of mind. You may also consider postnuptial agreements, which are similar to prenuptial agreements, except that they are entered into after a couple is married. Of course, the bargaining power after marriage is obviously much limited, and we do not recommend waiting until after marriage to sign any such agreement. Your lawyer can advise you further.