Cyberbullying in school

Our son, who is currently a first year university student, was diagnosed with autism in his childhood. His performance in university has declined due to severe cyberbullying by a classmate, causing significant emotional distress and affecting his studies. These bullies have been mocking his condition through messages and physical abuse. Sometimes, they go to the extreme and post edited videos of our son on social media, displaying him as a mentally ill person.  Despite being aware of the bullying, his university has done nothing to stop this behaviour. We want to take legal action against the bullies. What legal options are available, and what evidence would be needed to support our case?
HJ, Arusha

We are sorry to hear about this. Cyberbullying is an offence per section 23 of the Cybercrimes Act No.14 of 2015. The Section states that a person shall not initiate or send any electronic communication using a computer system to another person with the intent to coerce, intimidate, harass or cause emotional distress. Any person who contravenes this section commits an offence and is liable on conviction to a fine of not less than TZS 5M or to imprisonment for a term of not less than 3 years or to both. As parents, you can pursue several legal options, including filing a complaint with the university administration and pressing charges with the police for cyberbullying.

In terms of evidence, our review of case law from various countries indicates that you would need to collect evidence, such as screenshots of bullying messages, emails, and social media posts. Testimonies from teachers, classmates, and mental health professionals can also support your case. The court will consider the severity and impact of the bullying on your son’s well-being. If the case is proven, the bullies may face disciplinary actions from the school and legal penalties, as prescribed by the law, and they will be ordered to cease contact with your son. Our laws are very strict on cyber bullying and to stop this behaviour you may consider the above.

Called to work on Christmas

I work for a government institution whose name I cannot disclose. Our boss has to present an urgent report to the Minister’s office before the end of the year. This report is lengthy and very important, and we have been called to work on Christmas day. I am a Christian, so Christmas is very important to me and I believe no one will even read the report and the urgency is inflated. I want to know whether asking an employee to work on a public holiday is lawful. Please guide me.
DC, Dodoma

Public holidays are governed by the Public Holidays Act, Cap. 35 [R.E 2002] (Public Holidays Act). Section 2 of the Public Holidays Act directs that public holidays in a year shall be the holidays listed in the schedule of the Act. The President can designate any other day not listed in the schedule as a public holiday. Christmas is listed as a public holiday in the Schedule of the said Act. However, asking an employee to work on a public holiday is lawful. Section 5 of the Public Holidays Act provides that it shall be lawful for the head of any Government department to open the offices and works thereof and to call any persons employed in such department to perform their duties on a public holiday as he may deem fit.

Employees who work on a public holiday are entitled to payment. Section 25 of the Employment and Labour Relations Act, Cap. 366 [R.E 2019] provides that If an employee works on a public holiday specified in the Public Holidays Act, the employer shall pay double the employee’s basic wage for each hour worked on that day. You may consult your institution’s human resource department for further guidance as you will have to work but get double the pay.

Code of ethics for data protection

I am a manager for a new company that deals with a lot of personal data. I understand that recently, there have been many regulatory developments concerning the protection of personal data in Tanzania. I believe these changes may necessitate the company having internal policies and codes of ethics. Are there any legal considerations we need to consider while preparing these documents?
FC, Dar es Salaam

It is good that as a manager you want to ensure your company complies with the law. According to section 65 of the Personal Data Protection Act No. 11 of 2022, every data controller shall draw and place a code of ethics or policy for personal data protection, which shall prescribe for ethics and conduct to be complied with during the collection or processing of personal data. It is important that the company goes through the Data Protection Act No. 11 of 2022 while preparing these documents to be aware of aspects such as having a designated data officer, rights of data subjects and offences, etc.

Once these documents are drafted, the law requires that the code or policy be submitted to the Personal Data Protection Commission for consideration and approval. In considering the codes of ethics or policies, the Commission shall ascertain, among other things, whether the drafts submitted to it have complied with the provisions of the Personal Data Protection Act and any other relevant sector laws and, where it considers necessary, seek the views of data subjects or their representatives and consult with the data controller concerned for the purposes of undertaking necessary amendments before the approval. You might benefit from consulting your lawyer to guide you further.