Pornography for erectile dysfunction

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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.