Hateful online comments

I am due to marry the love of my life in a few weeks’ time. As part of our wedding preparations, our Master of Ceremonies interviewed us about how we met, what we love about each other and how excited we were to begin our married life together. The interview was later posted on social media. Instead of congratulating us, many people turned the comment section into a platform for attacking my fiancée’s appearence. They mocked her, describing her as ugly, overweight and unworthy of marrying me. Some commented, “This man deserves someone much prettier,” while others wrote, “He can still change his mind before the wedding.” Many ridiculed her teeth and facial features, with some saying she looked old enough to be my mother and others questioning how someone like me could choose to marry her. The comments have deeply affected her. She barely sleeps, avoids social media and no longer enjoys planning our wedding. Watching the woman I love suffer because of the cruelty of strangers is heart-breaking. Can people really use social media to say such cruel things about another person without facing any legal consequences?

GK, Mwanza

We are sorry that happened to you and your fiancée. The law recognises that freedom of expression carries responsibilities. While people are free to express their opinions online, that freedom does not extend to using social media as a tool to harass, intimidate or emotionally abuse others. Section 23 of the Cybercrimes Act specifically creates the offence of cyberbullying. It provides that a person shall not initiate or send an electronic communication using a computer system with the intent to coerce, intimidate, harass or cause emotional distress to another person. A person convicted of the offence is liable to a fine of not less than TZS 5M, imprisonment for a term of not less than 3 years, or both.

Whether particular comments amount to cyberbullying will depend on the facts of each case. However, where social media users post comments whose purpose is to ridicule, humiliate or emotionally torment another person, especially where those comments cause obvious psychological or emotional harm, the conduct may fall within the scope of section 23. The Cybercrimes Act also provides a practical remedy for dealing with unlawful online content. Under section 45, an affected person may issue a take-down notification requiring the relevant service provider to remove unlawful material. If the service provider fails to act, the matter may be referred to the competent authority, which may order the content to be removed or take other lawful measures. In these circumstances, your fiancée may seek further legal advice from your attorney, so the available criminal and civil remedies can be obtained.