UNIVERSITY OF IRINGA

FACULTY OF LAW

COURSE NAME: ICT LAW

LECTURER NAME: MR. NISILE MWAIJENGO
STUDENT NAME: TRUVENA F. KIPERA.
REG NUMBER: LLB-34271
NUMBER: 66
NATURE OF WORK: INDIVIDUAL ASSIGNMENT
SUBMISSION DATE: 19thNOVEMBER, 2024

QUESTION
"ICT Law is intricately connected with various other legal fields, including evidence law,
intellectual property law, criminal law, and telecommunications law. Discuss how the
principles and regulations of ICT Law intersect with these areas, illustrating the relationships
through legal doctrines, cases, or practical scenarios. Analyze how the integration of ICT
Law has influenced or transformed legal practices in these related fields.
INTRODUCTION.

According to my work am going to discuss the meaning of ICT Law, meaning of ICT, and
In main body amgoing to show the relationship of ICT law and those Laws and last
conclusion.

ICT law is true a Formated field that intersects with various other legal areas. Let me show
how the principles and regulations of ICT Law intersect with evidence law, intellectual
property law, criminal law and telecommunications law, and I search some examples to show
these relationships.

ICT, means information and communication technology, covers all technical means used to
handle information and aid communication. This includes both computer and network
hardware, and soft ware1.

ICT law is a collective name for the broad range of legal disciplines that the digital world has
to deal with and regulates the legal consequences of the use of information and
commucication technology in our society. The digital era creates numerous legal challenges
they are related to, interalia, the privacy and the protection of personal data, intellectual
property a part from the traditional exclusivity rights like the copyrights and the trademark
rights there is also question of legal protection for computer programs, databases.2

EVIDENCE LAW.

Is the law that regulate how evidence to be produce before the court of law. In other words it
is the means which tend to prove or to disapprove any matter of fact the truth of which is
submitted for judicial investigation.3

The Evidence Act CAp. 6 R.E 2022

ICT Law intersects with evidence law in the matter of digital evidence Collection example
electronic evidence and admissibility in court proceedings. Electronic evidence means is

1
Introduction to information Technology Law 6TH Edition by David Bainbridge of 2008
2
Introduction to information Technology Law 6TH Edition by David Bainbridge of 2008.
3
Law of evidence in Tanzania, by Samuel Mshana.
1
electronically stored information which is admissible and used as evidence by the court of
law. Electronic evidence include emails, text messages, digital photos, social media posts,
deleted file, data backup, image, data of output in Co System. The Principles of ICT Law
such as data privacy and security, influence how digital evidence is handled and presented in
court. For example the rules of electronic records and the admissibility of digital evidence in
court. In Relations to ICT Law Example, in a case, the prosecution needs to Present digital
evidence collectected from a suspect computer. Such as data protection and privacy, Which
used to detremine Whether the evidence was legally and admissible to the court. Which
provided under section 64A(1)and 64a(3)4 state that "in any proceedings, electronic evidence
shall be admissible". Also under sub section (3) state that"electronic evidence means any data
or information stored in electronic form or electronic media or retrieved from a computer a
computer system, which can be presented as evidence. For example the case of TRUST
BANK TANZANIA LIMITED VS.LEMARSH ENTERPRISE(2002) 5 this case the
Highcourt of Tanzania acknowledge electronic evidence and made a broader interpretation of
evidence including those which existed in digital form such as in computer and the internet.
The decision of the case of Trust opened door for Tanzania courts to acknowledging and
admitting electronic evidence after being authenticated as part of secondary evidence. So the
decision in this case was later made part of Tanzania Evidence Act CAP.6 R.E 2022 under
section 78A6 state that "electronic records a print out of any entry in the books of a bank on
micro film, computer, information system, magnetic tape or any other form of mechanical or
electronic data". This case it was a landmark case in Tanzania so the evidence it was
admitted as a secondary evidence it was satisfied. Also this Evidence is relations in ICT law
that any thingOr offence can be done though computer or online is electronic evidence. Also
admissibility of electronic evidence also it was discussed in the case of TANZANIA BENA
CO. LTD VS. BENTASH HOLDINGS LTD (2002)7. This case where parties communicated
by way of exchange emails for purchase of farm email was one of exhibits so it was
admitted.

4
Evidence Act CAp. 6 R.E 2022
5
Trust Bank Tanzania Limited Vs. Lemarsh Enterprise(2002)
6
Evidence Act CAp. 6 R.E 2022
7
Tanzania Bena Co. Ltd Vs. Bentash Holdings Ltd (2002)
2
THE ELECTRONIC TRANSACTIONS ACT CAP. 442 R.E 2022.

ICT law and Electronic transactions Act are two important laws that govern electronic
transaction and the use of ICT.

The connection between of this law The connection between the two laws put in the fact that
they both aim to promote the use of ICT Especially in the matter of electronic transactions.
Electronic transactions means a transaction, action or set of transactions of a commercial or
non commercial nature, that takes place electronically." which provides under section 3 8 of
The ELectronic transitions Act. Also recognize the importance of electronic signatures and
electronic records. Electronic records, means a record stores in an electronic form,
Electronic signature means data, including an electronic sound, symbol or process, executed
or adopted to identify a part, to indicate that part approval or intention in respect of the
information contained in the electronic communication and which is attached to or logically
associated with such electronic communication. Which provided under section 3 And section
69 of The Electronic transactions Act CAP. 442. R:E 2022. For example, the ICT law
provides for the establishment of the Tanzania communication Regulatory Authority (TCRA)
is also responsible for implementing the provisions of The Electronic Transactions Act, also
The relationships between ICT law and The Electronic Transaction Act demonstrate that this
laws recognize the validity of electronic records and signatures, which is essential for
electronic transactions. Provided under section 5 10 of The Electronic Transactions Act [CAP.
442 R. E 2022] also connected with ICT law this Act allow the electronic evidence to be
admissible example admissibility of data message. In relations when Commit an offence by
using message and publish online Or commit conspiracy by using to send message for you
fellow all of this is ICT law. Which provided under section 18(2)(a) 11 of The Electronic
Transactions Act [CAP. 442.R.E 2022] started that"in determining admissibility and
evidential weight of a data message, the following shall be considered, the reliability of the
8
The Electronic Transactions Act Cap. 442 R.E 2022.
9
The Electronic Transactions Act Cap. 442 R.E 2022.
10
The Electronic Transactions Act Cap. 442 R.E 2022.
11
The Electronic Transactions Act Cap. 442 R.E 2022.
3
manner in which the data message was generated, stored or communicated. So as it has to be
really, stored and communicated. Example the case of EMMANUEL MASONGA VS.
EDWARD MWALONGO AND OTHERS12. this case where the court was questioned the
quality of electronic evidence retrieved from mobile phone. so the admissibility it depends on
the manner which originator was identified. Also another case of VODACOM TANZANIA
LIMITED AND OTHER VS. MWANSWA JONASA (2016)13.the case provide that
electronic evidence need to be authentic. Which provided under section 18(3)14 of this Act.

INTELLECTUAL PROPERTY LAW.

Intellectual property, means as a form of private property rights that are granted to
individuals or legal persons by a state authority to control certain products of human intellect
and ingenuity Therefore protects the interests of creator of human mind. Intellectual property
is divided into two industrial property, copy right and neighbouring right, industrial property
like includes patents for inventions trade marks, industrial designs etc.

Intellectual property law, means is the right of the owner of intellectual property and it
regulates the behavior of the society In relation to intellectual properties. It gives the owner
the right to restrain others from using his intellectual property without authority or
permission.

ICT law intricatelly with intellectual property law in the matter of online copyright
infringement, patents, and trade marks. ICT law regulates the use and protection of digital
intellectual property. Such as soft ware, music, and videos. The principle of ICT law such as
fair use Provided under section 1215 of The Copyright and Neighbouring Rights Act[cap 218
R.E 2010] influenced how intellectual property is protected and enforced online.

12
Emmanuel Masonga Vs. Edward Mwalongo And Others
13
Vodacom Tanzania Limited And Other Vs. MwanswaJonasa (2016)
14
The Electronic Transactions Act Cap. 442 R.E 2022.
15
The Copyright and Neighbouring Rights Act[cap 218 R.E 2010]
4
The Copyright and NeighbouringRighsAct[CAP 218 R.E. 2010]

Copyright, is a form of protection provided to the authors of original works and includes
literary works such as poems, novels and plays artistic works such as drawings painting,
photographs, musical works, dramatical works, films. It is an exclusive right and gives the
creator, or owner if the rights are sold. It prevents others from copying or reproducing some
one works. This right is a right that arises automatically upon the creation of original work.
Which provided under section 516 of The Copyright and Neighbouring Right Act, state that
"authors of original literary and artistic works shall be entitled to copyright protection for
their work under this Act, by the sole fact of the creation of such works. Literary and artistic
works include in particular books, pamphlets, and other writings, including computer
programs, lectures, addresses,

ICT law Intricately connected with copy right and neighbouring Right Act on the matter of
infringement of copyright through internet or computer without permission or authority of
the owner of the product Or the copy right holder. If any person does any of the acts which
are restricted by copyright or authorises another to do so without permission of the owner.
Which provided under section 4417 of The Copyright and Neighbouringrights Act[cap 218
R.E 2010] state about infringement of techinical". ICT law principles, come into Procedure
when determining the services liability and the responsibility of internet service providers in
removing infringing content. Also this Act relationship with ict law that no anyone make
interference, change or delete the data of another person through internet or computer
system so any person who change, delete, make interference of the propety of rightful owner
or copy right holder without permission was doing tresspass. Example when the person
interfere literary works of artistic work such as poem, novels, musical works, plays films,
dramatical work, of the creator or owner through internet or computer commit an offence for
infrengment. The infringing act may be direct for example making a photocopy or a disk
copy) indirect for example making a Clay model of a sculpture from a photograph of the
sculpture. Example the case of Designers Guild Ltd v Russell Williams (Textiles) Ltd |2001]

16
The Copyright and Neighbouring Rights Act[cap 218 R.E 2010]
17
The Copyright and Neighbouring Rights Act[cap 218 R.E 2010]
5
FSR 1318, a leading case on copyright infringement set in the matter of artistic works, though
of wider application. However, Lord Scott of Foscote distinguished a case of altered copying
where he suggested that the simnilarities between the two works could help deternmine
which side of the dividing line, between permnissible borrowing of an idea and
impermissible piracy, the activity fell, accepting that it is not an infringement of copyright to
borrow an idea. Another important principle is that substantiality must focus on the
claimant's work not that of the defendarnt. It may be that a substantial part of the claimant's
work has been incorporated into the defendant's work but, because of the inclusion of further
additional material, it does not repre- sent a substantial part of the defendant's work.
Essentially, to prove copyright infringement by copying, all the following four questions
must be answered in the affirmative. Is the claimant's work protected by copyright? Has the
claimant the entitlement to sue, for example, as the owner of the copyright or alicensee with
entitlement to sue? If so, has the defendant copied from the claimant's work? If so, does that
part of the claimant's work copied represent a substantial part of the claimant's work?

The Patents (Registration) Act [CAP 217 R.E 2010].

Patent, is a monopoly granted by statute of country for a limited term over a new and useful
invention that involve inventive steps. It is one of the categories of intellectual property
which gives the investors an exclusive right for an invention. Which is a product or process
that provide a new way of doing something19. This Act intricately connected with ICT law
that no anyone make infringement by using computer or internet making importing, selling,
offering for sale or using the product or process which is the subject of patent whithout the
authority of the patent owner. According to section 66 20 of this Act state that "any act
performed by a person other than the owner of the patent and without the authorisation of the
owner of the patent make infringement. Also the constitution provide that every person have
a right to own property. So the artistic work have a right to own property either which can be
in a computer or internet. A person wishing to protect his invention under the patent laws
must file an application for patent. Also has the right to assign the patent. According to

18
Designers Guild Ltd v Russell Williams (Textiles) Ltd |2001]
19
Intellectual property 7th edition by I. bainbridge
20
The Patents (Registration) Act [CAP 217 R.E 2010].
6
sections 3621 of this Act state the rights of owner of patent. Also section 14 22 of this Act state
the right to a patent shall belong to the inventor".

The Trade Mark and Service Mark Act.

A trade mark is a signs or a combination of signs which distinguish the goods or services of
one enterprise from those another. Such signs may use a phrase, word, letter, symbol,
pictures, shape, colour. Which provided section 2 23 of this Act. This Act relationships with
ICT Law there are many example in computer industry for example the Apple logo, the term
Microsoft, windows trade marks are often in the form of a word. It relate when some one use
the logos of another person by using computer or internet without permission. Example the
case of cheese broughpondls vs. gupyaka agencies [1982] TLR 111 24 this case the owner of
the trade marks logos Vaseline appeal against the decision of the registrar of trade mark to
register vasofine. Under the trade mark ordinance. The register had ruled that the appellant
company had failed to prove that would be confusion vasofine was registered. The court held
that two marks as they look like as written in the same way, and have the same number of
letters and also similar phonetically.

CRIMINAL LAW.

Is the branch of public law desire to protect the interest of the public. Criminal law has a
function to maintains order in the society, resolving dispute in the society, protect individuals
properties25. ICT law intricately with criminal law in the matter of. cyber crime, such as
hacking, phishing, and online fraud. ICT law regulates the investigation and prosecution of
cyber crime including the collection of digital evidence. ICT law principles, such as
jurisdiction and extraterritoriality, come into play when determining which country has
jurisdiction to prosecute the hackers and how to cooperate with international law
enforcement agencies. Example

21
The Patents (Registration) Act [CAP 217 R.E 2010].
22
The Patents (Registration) Act [CAP 217 R.E 2010].
23
The Trade Mark and Service Mark ACT
24
case of cheese broughpondls vs. gupyaka agencies [1982] TLR 111
25
Criminal law manual, by S.v.Mshana.
7
The Cybecrime Act, No. 14, 2015.

This Act relationships with ICT law provide that a person who commits the offence of
unauthorized access to a computer system with intent to commit a crime is liable on
vonviction to a fine of not less than two millions shillings or three times the Value of undue
advantage received or imprisonment for a term of not less than one years or both. Which
provided under section 926 of the CyberCrimes Act, also this Act intricately connected with
ICT law the Act prohibit any person shall not intentionally and unlawfully of interferes the
functioning of a computer system for the purpose of doing to commit an offence like
computer related forgery, computer related fraud, Publication of false information, doing
phonograph through internet, illegal access, illegal remaining,

The penal Code[CAP.16 R.E. 2022].

This law intricately connected with ICT law on the issue of commit a crime through using a
computer system like fraud, theft. Consipirancy to commit An offence like Consipirancy to
defraud, Consipirancy to murder, example conspiracy to commit an offence provided under
section 384 of this Act. Also Consipirancy to murder any person who Conspire with any
other person to kill any person Is guilty of an offence which provided under section 215 27 of
this Act. So this Act relationships with ICT law commit an offence by using internet online.
Example some people make Consipirancy to commit an offence like theft. Murder to fraud
some one or cheating by using send message.

Criminal procedure Act [CAP.20 R. E 2022].

This Law relationships with ICT law because it provides one among of the procedure of
collecting evidence when people commit a crime. Those procedure is search and seizure
which provided under section 4128 of the criminal procedure Act state that a police officer
may search the person or the clothing that is being worn. also in relations to ICT law under
cybercrime Act section 31 talk about search and seizure state that "police officer incharge of
a police station or a law enforcement officer of a similar rank, upon being satisfied that there
26
The Cybecrime Act, No. 14, 2015
27
The penal Code[CAP.16 R.E. 2022].
28
Criminal procedure Act[CAP.20 R. E 2022].
8
are reasonable grounds grounds to suspect or Believe that a computer system. May be used as
evidence in proving an offence.

TELECOMMUNICATIONS LAW.

ICT law intricately withtelecommunicationslawinthe Matter concerning, telecommunication

infrastructure, including the internet, mobile networks, and satellite communications.

The Electronic and postal Communications Act[CAP. 306 R.E 2022]

ICT Law intersects with The Electronic and Postal commucations Act in the matter of
internent governance, spectrum allocation, and network regulation. ICT Law Regulates the
deployment and operation of telecommunications infrastructure, including internet mobile
networks and communication. So this act relationship with ICT Law that this act aims to
provide for a comprehensive regulatory regime for electronic communications services
providers and postal communications service providers to establish the central equipment
identification to provide for duties of electronic communication and postal licensees, agents
and customers, provide for offence related to electronic communications. Which provided
under section 6 of this act state that ‘application for licence’. Also under section 5(1)
provides types of licence which are network facilities licences. Network services licences,
application services licences. etcAlso under section 12029 of this Act provides for penalty for
any person without lawful authority intercepts, attempts to intercept or procures any other
person to intercept any communication’ or disclose to any other person the contents of
communication. Also this Act relationships with ICT, deals with electronic signatures and
related certificate. Associated with any electronic communications or electronic data. Also
under section 13730 of this act prohibit in respect of radio communication and electronic
communication equipment. State that any person shall not posses any radio communication
equipment except in accordance with licence issued under this act. So in relationship with
ICT Law because according to cyber crime Act prohibit the posses of data without authority
or permission.

The Electronic and postal Communications Act[CAP. 306 R.E 2022]

29

The Electronic Transactions Act [CAP. 422 R.E 2022].

30

9
The Electronic Transactions Act [CAP. 422 R.E 2022].

This Act in relationships with ICT Law the aim the Act provides for the legal recognition of
electronic transactions the use of information and communication technologies in collection
of evidence, admissibility of electronic evidence to provide for the facitilitation of use of
secure electronic signature and to provide for other related matter.

The Tanzania Commucations Regulatory Authority Act,

Isanindependent authority for the postal , broadcasting and electronic communications

industries.This act intricately connected with ICT Law this act the purpose of regulation
telecommunications, broadcasting, postal services, to provide for allocation and management
of radio spectrum, covering electronic technologies and other information and
communication technologies applications and to provide for its operation in place of former
authorities and for related matter.so this act relationships with ICT Law many people doing
communication by using internet through computer like use email, text to send message and
others.

CONCLUSION

The relationships of ICT law into various legal field has significantly by introducing
technology, the technology in communication, data management, it includes regulations
related to data protection, cyber security, intellectual property rights.

BIBLIOGRAPHY

CASES
10
  TANZANIA BENA CO. LTD VS. BENTASH HOLDINGS LTD (2002)
 TRUST BANK TANZANIA LIMITED VS. LEMARSH ENTERPRISE(2002)
 EMMANUEL MASONGA VS. EDWARD MWALONGO AND OTHERS
 VODACOM TANZANIA LIMITED AND OTHER VS. MWANSWA JONASA
(2016)
 DESIGNERS GUILD LTD VS. RUSSELL WILLIAMS(TEXTILES) LTD [2001]

STATUTES
 Evidence Act CAp. 6 R.E 2022
 Evidence Act CAp. 6 R.E 2022
 The Copyright and Neighbouring Rights Act[cap 218 R.E 2010]
 Designers Guild Ltd v Russell Williams (Textiles) Ltd [2001]
 Intellectual property 7th edition by I. bainbridge
 The Patents (Registration) Act [CAP 217 R.E 2010].
 The trade mark and service mark Act.

 The Cybecrime Act, No. 14, 2015

 The penal Code[CAP.16 R.E. 2022].
 Criminal procedure Act[CAP.20 R. E 2022.
 The Electronic Transactions Act Cap. 442 R.E 2022.
 The Tanzania communication regulatory Authority Act.

BOOKS.

 Intellectual property 7th edition by I. Bainbridge.

 Introduction to information Technology Law 6TH Edition by David Bainbridge of
2008

11