DIFFICULTIES IN ESTABLISHING LIABILITY IN ONLINE DEFAMATION： TANZANIA＇S EXPERIENCE

This paper is devoted to uncover difficulties in establishing liability in online defamation in Tanzania. The focus is on the effectiveness of the current laws and regulations relating to the online defamation; and the lack of awareness to the general public on legal and practical challenges in establishing liability over the defamatory comments occurring on the Internet. The investigators discover that, the existing legal framework in Tanzania does not cover the issues of establishing liability in online defamation. Moreover the legal and practical challenges includes the weakness of the law and regulations covering online defamations, limitation periods, jurisdiction and choice of law issues, admissibility of electronic evidence and its authenticity, identifying anonymous defendant and the rights to privacy. Authors recommend that responsible machinery be established by Act（s） of parliament that would address by dealing with specific issues of liability in online defamation to Internet users, Internet Service providers （ISPs） and intermediary for their defamatory comments.