The Cyber Crime Act of 2015 has started to bite following the arraignment of a student, Benedict Angelo Ngonyani (24), on a charge relating to publication of false information, touching the Chief of Defence Forces (CDF), General Davis Mwamunyange.
Ngonyani, who resides at Magomeni Mapipa, becomes the first person to face the new law since it was endorsed by President Jakaya Kikwete to operate in Tanzania early last month.
He was brought before Principal Resident Magistrate Respicious Mwijage and denied the charge. The accused person is charged under section 16 of the Cyber Crime Act, which prohibits one to publish materials which are false or not verified by relevant authorities.
Under the provision, whoever is convicted of the offence is liable to serve three years imprisonment or 5m/- fine or both sentences. Senior State Attorney Shadrack Kimaro, assisted by several other trial attorneys, informed the court that investigations into the matter have not been completed.
The prosecutor also presented a certificate by the Director of Public Prosecutions (DPP) to object bail to the accused person on public interests.
The magistrate granted the DPP certificate and ordered the accused person to remain in custody until October 23, when the case will be mentioned.
He told the accused that the issue of bail would be discussed after the DPP had withdrawn his certificate on the matter. It is alleged that the accused person committed the offence on September 25, this year, within the city of Dar es Salaam.
Ngonyani is alleged to have published in the face book network information that General Mwamunyange has been poisoned. According to the prosecution, the accused person did so while knowing that such information was false and it was intended to mislead the public.
Senior Assistant Commissioner of Police (SACP), Charles Kenyela, who attended the court session on behalf of the Director of Criminal Investigations (DCI), warned members of the public to refrain from publishing false materials through social networks as no one infringing the law would be spared.
The endorsement of the law had attracted a mixture of feelings among Tanzanians with media stakeholders, activists and donors said the Act would infringe on the freedom of the press and expression. Some people alleged that the law incriminates wellintentioned whistle blowers who possess credible information that can be used to prosecute government officials involved in crime, such as in corruption or bribery scandals.
On the other hand, the government maintained that the Act would help address new forms of crimes not covered in other laws. The Act makes it criminal for any person to receive any content deemed to be prohibited through his phone, irrespective of the recipient's consent.
The content in this context includes exchange of pictures deemed to be nude over social media platforms, such as whatsapp, facebook, twitter, among others.
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