National emblem as profile photo

I recently updated my social media profile and thought it would be patriotic to use the coat of arms as my profile picture. A friend told me this might actually be against the law. I was surprised, because I see many people using flags and even parts of the emblem on their profiles. Honestly, I only wanted to show my love for Tanzania and am not running a business or representing the government. Could I really get into legal trouble just for this? Should I remove the emblem, or am I safe since it is only for personal use?

HM, Dodoma

You are correct to be cautious. In Tanzania, the use of the national flag, coat of arms, and any likeness of them is regulated by law, but most people are unaware of this. The governing statute is the National Emblems Act, Cap. 10 [R.E. 2023]. The Act makes it illegal to use the national flag, coat of arms, or any likeness of them in connection with business, trade, or on items intended for sale, or on items used by an individual unless authorised by the Minister. Therefore, using the emblem as a personal digital profile image is restricted.

However, the Minister may grant written permission for use in specific circumstances, and individuals are not automatically exempt from seeking the Minister’s approval. Just because everyone is doing something doesn’t make it legal. Consult your lawyer for further guidance.

Threat of deepfakes

My friend recently sent me a video of a politician apparently admitting to corruption. Later, I found out that the video was not real but had been created using Artificial Intelligence (AI), which people call a ‘deepfake’. This scared me, because it looked so real and many people had already shared it online. I am worried that someone might make a video about me, damaging my reputation or career. Is there any law in Tanzania that can protect people if a deepfake is used against them?

JK, Mwanza

You raise a very important concern. Deepfakes are a modern digital threat that use artificial intelligence to manipulate video, audio, or images in ways that appear convincingly real. In Tanzania, although there is no specific law currently explicitly referencing ‘deepfakes,’ several existing laws can be applied to safeguard individuals from harm caused by them. If a deepfake falsely depicts you in a damaging manner, you may have grounds to sue for defamation, as your reputation is legally protected.

The Cybercrimes Act criminalises offences such as the publication of false information and the unlawful dissemination of false, misleading, or deceptive content, thus, creators of deepfakes may be prosecuted under these provisions. The Electronic and Postal Communications (Online Content) Regulations are also relevant as they prohibit the publication of false, misleading, or deceptive material online. A deepfake video clearly breaches these Regulations. The Personal Data Protection Act is also pertinent when a person’s image, likeness, or voice is used in a deepfake without their consent, which constitutes a violation of their privacy and personal data rights. These are just a few examples, and many other laws may be relevant depending on the deepfake.

Generally, Tanzanian law already provides remedies. Nonetheless, it would be beneficial for the government to adopt legislation specifically on AI to ensure certainty and provide adequate protection. Consult a lawyer for further guidance.

Domestic registration of trademarks

I run a large beverage manufacturing company in Morogoro that produces soft drinks under  a certain brand. A few years ago, when I started my business, I noticed that a Ugandan company had a similar brand name registered at The African Regional Intellectual Property Organization (ARIPO)and used it in their home market. I did not think much of it because they were not operating in Tanzania, and I never saw their products here. Recently, that same Ugandan company wrote to me through their lawyers, demanding that we stop using the name because they claim it’s their registered trademark at ARIPO and in Uganda, Rwanda and Kenya. They also threatened to sue my company for damages and loss of reputation, saying our company was infringing their intellectual property rights. I checked with the Business Registration and Licensing Agency (BRELA), and it seems I was the first to register the mark in Tanzania under the Trade and Service Marks Act. But I am now worried. Can a foreign company with an ARIPO registration stop me from using my Tanzanian-registered brand? What happens if they sue me?

BB, Morogoro

Your situation closely mirrors a recent decision of the Court of Appeal of Tanzania in this case, a foreign company that had registered its trademark with ARIPO and abroad, attempted to stop a Tanzanian businessfrom using a similar mark locally. The Court of Appeal held that ARIPO registration or foreign registration alone does not confer enforceable, exclusive rights in Tanzania. For a trademark to be protected and enforceable in Tanzania, it must be registered domestically under the Tanzanian Trade and Service Marks Act, Cap. 326 [R.E. 2023]. The Court emphasised that Tanzania’s trademark protection is territorial, meaning rights only exist where the mark is registered and recognised by national law. A foreign or ARIPO registration is not sufficient unless it has been validated or extended to Tanzania through domestic registration. The Court also warned that any claim for infringement or damages must be specifically pleaded and supported by concrete evidence of loss or confusion; mere assertions are inadequate. Therefore, since you have registered the mark with BRELA under Tanzanian law, you have the legal right to use it within Tanzania. The foreign company cannot prevent you from doing so unless it has registered that mark locally before you. If they proceed to sue, their case would likely fail due to a lack of local registration and jurisdictional enforceability. However, be aware that cases are usually decided based on their facts. Therefore, we cannot definitively comment on the outcome of the case. Consult your lawyer for further guidance.