Law for social media influencers

The growing trend of social media influencers is concerning. Every day, you hear stories about social media influencers posting something problematic and controversial. For example, a social media influencer was trending this past week because he encouraged youth to join his business and forget about their education. This group of people are dangerous to our society, especially to youth who see them as role models. As a law-abiding citizen, I wondered whether there is a law governing social media influencers in Tanzania. Please enlighten me.
DK, Dar es Salaam

We understand your concern. Social media influencers are regarded as persons of influence since they have many followers on social media platforms. These influencers have the power to set trends and even orchestrate societal movements because they are regarded as role models by their followers and people of their generation. There is no specific law governing the conduct of social media influencers in Tanzania. However, this does not mean influencers can act and behave as they please. All laws applicable to Tanzanian citizens are also relevant to social media influencers since every Tanzanian citizen must obey the law. Article 26(1) of the Constitution of the United Republic of Tanzania confers on every person the duty to observe and abide by the Constitution and the laws of the United Republic of Tanzania.

In particular, social media influencers must be aware of the Cybercrimes Act (Act No. 14 of 2015) (Cybercrimes Act), which prescribes offences committed in cyberspace, including social media. For example, section 16 of the Cybercrimes Act states that publishing false and misleading information is a crime. Further, if a social media influencer finds themselves in trouble, they cannot claim ignorance of the law because this is not a defence as per section 8 of the Penal Code, Cap. 16 [R.E 2022].

There have been a few decisions against social media influencers and our prediction is there will be many more. Social media influencers cannot hide behind the freedom of speech or freedom of expression to defame, injure, misdirect or miscommunicate to the public. Whilst it is true that freedom of speech and freedom of expression are fundamental rights, there must be a balancing act which may, sometimes be a fine line. We recommend you see a lawyer for further guidance.