Consequences for Adultery

I recently faced trouble for adultery. My wife found out I had another family with my children’s teacher. She threatened to report me to the police and despite my pleas last week she met a lawyer friend who advised her to sue for damages in a civil suit. This confused me, and I don’t know her next move. Will she sue for damages or report me to the police? Please advise.

PS, Kilimanjaro

Adultery is not considered a crime under Tanzanian law, as in many other countries. However, section 72 of the Law of Marriage Act, Cap. 29 (R.E. 2023) (LMA) allows the affected party to bring a suit for a claim for damages, including compensation for emotional distress, harm to reputation or social standing against any person with whom the spouse has committed adultery. However, no such proceeding shall lie where the aggrieved party has consented to or connived at the adultery, where damages for the alleged adultery have been claimed in a divorce petition.

Note that a suit brought under 72 of the LMA Will be dismissed if the defendant satisfies the Court that he or she did not know and could not, by the exercise of reasonable diligence, have known that the person with whom he or she committed the act of adultery was married. According to section 74 of the LMA, damages for adultery are awarded at the Court’s discretion but shall not include any exemplary or punitive element. So, while adultery is not a crime, it may have financial consequences.

Remember, adultery can be evidence that a marriage has broken down beyond repair and, hence a ground for divorce. Section 107(3)(a) of the LMA states that adultery committed by the respondent, particularly when more than one act of adultery has been committed or when an adulterous association is continued despite protest, can be considered by a Court in determining whether to grant a decree of divorce. Further, Section 106(3) of the LMA adds that a petition for a decree of divorce, which includes an allegation of adultery, may consist of a prayer that the co-respondent be condemned in damages in respect of the alleged adultery, provided that a prayer for damages for adultery shall not be included in a petition for divorce if damages for the alleged adultery have already been claimed in a suit brought under section 72. Your lawyer can guide you further.

AI and copyright 

I am a young music producer in Arusha who began experimenting with artificial intelligence software to produce beats and background tracks. I uploaded these AI‑generated songs to social media, branding myself as the ‘future of Tanzanian music.’ The tracks quickly gained popularity, and several companies approached me to license the music for advertisements. However, another old producer raised concerns that the AI system I used had been trained on his existing copyrighted songs, and some of the beats sounded strikingly similar to well-known Bongo Flava tracks he had produced before. The producer argued that I could not claim copyright ownership because the music was generated by a machine, not a human. I believe I am the rightful owner since I provided the creative prompts and direction to the AI tool. I want to know whether Tanzanian law recognizes copyright in AI‑generated works.

DJ, Arusha

This is a tricky question. Most AI tools substantially copy existing works, such as music, text, or images already protected by copyright, whereas copyright law requires originality. In Tanzania, copyright matters are governed by the Copyright and Neighbouring Rights Act, Cap. 218 (R.E. 2023), which recognizes human-generated works. At present, there are no specific rules dealing with AI‑generated works. If the matter escalates to Court, the Courts will therefore apply the existing framework, which emphasizes human authorship. That said, this area remains uncertain and is widely regarded as a grey zone. Judges would likely examine the extent of human involvement in the creative process and decide whether the work qualifies for protection, but outcomes may vary in each case until clearer legislation or case law develops. Consult an expert lawyer to guide you further.

Advice from social media influencers 

A young Instagram personality in Dar es Salaam recently went viral after posting videos urging teenagers to drop out of school and join his ‘fast‑cash’ pyramid‑style business. Parents complained that their children were idolizing him and considering dropping out. As a concerned parent, I want to ask whether Tanzania has a law specifically regulating influencers. Please enlighten me.

DK, Dar es Salaam

Thank you for raising this concern. Social media influencers are indeed becoming powerful voices in society, particularly among young people. While Tanzania lacks a specific statute regulating influencers as a distinct category, this does not mean they are free to act without legal limits. Under Article 26(1) of our Constitution every person has a duty to observe and abide by the Constitution and the laws of the country. This obligation applies equally to influencers, regardless of their popularity in society.

In particular, influencers must be mindful of the Cybercrimes Act, Cap. 443 (R.E. 2023) This law governs offences committed in cyberspace, including on social media platforms. For example, Section 16 makes it a criminal offence to publish false or misleading information online. If an influencer encourages harmful practices, spreads misinformation, or promotes schemes that exploit followers, they may be liable under this Act. Additionally, the Penal Code, Cap. 16 (R.E. 2023) makes clear in section 8 that ignorance of the law is not a defence.

Therefore, an influencer cannot argue that they did not know their conduct was unlawful.

In short, while there is no ‘Influencer Act’ in Tanzania, influencers are subject to the same legal framework as all citizens. Their online conduct can expose them to liability under existing laws, especially when it misleads, exploits, or endangers the public. Consult a lawyer for further guidance.