Legal Update – 16 October 2023

VPN in Tanzania Regulated

• Allowed only if required by nature of your work
• TCRA must be informed
• Illegal usage of VPN may result in fine or jail time for minimum 12 months

On 13 October 2023, the Tanzania Communications Regulatory Authority (TCRA) issued a Public Notice regarding the use of Virtual Private Network (VPN) in the country. It should be noted that VPN is an encrypted connection over the Internet from a device to a network. The said encrypted connection helps to ensure that sensitive data is safely transmitted. It prevents unauthorized people from eavesdropping on the traffic and allows the user to conduct work remotely. VPN is banned in several countries with other countries allowing it so long as VPN is not used to commit or hide crimes.

According to the said Notice, TCRA reminds the public of the requirements of regulation 16(2) of the Electronic and Postal Communications (Online Contents) Regulations, 2020 (the Regulations) that prohibits creating, issuing, owning, possessing, publishing or distributing any technology, programme, application or any other similar device that will allow or facilitate any person to access any prohibited online contents.

Further, in the said Notice, TCRA reminds the public of its mandate under regulation 19(b) of the Regulations to take appropriate actions in regulation of the online content, which includes preventing the accessibility of prohibited content. In so doing, TCRA has noted with concern that the rate of accessibility of prohibited online contents via VPN is alarming meaning that VPN is widely being used in breach of the Regulations in Tanzania.

Based on the foregoing, TCRA has informed the public through the Public Notice that individuals and organizations whose performance of their day-to-day obligations require the use of VPN and the use of VPN is indispensable, to inform the TCRA regarding the VPNs they are using and all relevant information, including IP Address before 30 October 2023 through the online link provided on the Notice. Moreover, TCRA undertakes to continue monitoring the use of VPN and prohibiting the use of unregistered VPNs. In short, the usage of VPN in Tanzania is only allowed if one requires for use by virtue of the nature of their work, and only if the VPN IP address and other details are fully disclosed to the TCRA.

Finally, TCRA reminds the public that creating, issuing, owning, possessing, publishing or distributing any technology, programme, application or any other similar device that will allow or facilitate any person to access any prohibited online content is an offence under the law punishable by a fine of not less than TZS 5M or imprisonment term of not less than 12 months or both.

To read the Public Notice click here