Constitution is the body of principles and rulesestablished in the state or organization and acknowledge to be governed.Cybercrime is the criminal activities which is done byusing computing devices on the internet.Electronic transaction is the transaction, action or setof transactions of a commercial or non-commercial nature, that takes placeelectronically.
Thearticle 16 (1) of the constitution of the united republic of Tanzaniaguarantees a right to privacy it says that “every person is entitled to respectand protection of his person, the privacy of his own person, his family and ofhis matrimonial life, and respect and protection of his residence and privatecommunications “And the article 16 (2) it says that for the purpose ofpreserving the person’s right in accordance with this article, the stateauthority shall lay down legal procedures regarding the circumstance, mannerand extent to which the right to privacy, security of his person, his propertyand residence may be encroached upon without prejudice to the previous of thisarticle. Thearticle 18 (c) of the constitution of the united republic of Tanzania furtherguarantees the freedom to communicate and protection from interference, andreads as follows “every person has freedom to communicate and a freedom withprotection from interference from his communication. Accordingto the constitution of the united republic of Tanzania everyone has a right toprivacy and freedom of opinions andexpression on communication, this right also include to provide opinions withoutinterference from others, receive information from others, to send informationthrough the communication media but this right can be misused by some peoplesfor their personal interest or personal benefits, because of this thegovernment find it is import to come with more rules that will support the rulestated in the national constitution about freedom of using medias and that is Cybercrimeact 2005 and Electronic transaction act 2015. The cybercrime act 2005 state many ethical issues thatare not supposed to be broken by anyone when using computer like illegalaccess, illegal device, illegal data interference, pornography, publication offalse information, illegal system interference, illegal remaining, disclosureof details of an investigation and etc. Example in section 4(1) Illegal access in this part a person shall not intentionally andunlawful access or cause a computer system to be accessed, these ethical issueshave been explained with their penalties in case of being broken.
A person whowill break that rule will be consider as a person who commit crime and he orshe will be responsible for a fine of not less than three million shillings orto imprisonment for a term of not less than one year or to both. And in section14(1) pornography in this part aperson shall not publish or cause to be published through a computer system orthrough any other information and communication technology pornographicmaterial, by doing that a person will be punished for a fine not less thantwenty million shillings or to imprisonment for a term of not less than sevenyears or to both. The constitution allows people to have a freedom of exchange materialsthrough a computer network but during using of network people can hack data fromother, can post bad pictures or videos can share bad stuffs, the cybercrimewill have an authority of sue anyone who either post, disturb, or cause anyexchange of bad materials in a computernetwork.On Electronic transaction act 2015 it explain more aboutthe rights of two parties, groups or two peoples who perform electronictransaction, it describe the rights of a customer and seller during exchange ofgoods or service. Example in section 28(1) of Electronic transaction act 2015 Asupplier offering goods or services for sale, hire or for exchange electronically,shall provide the following information to customers full name, legal statusand place of business; contact details including physical address, telephoneand e-mail addresses; a full description of the goods or services offered; theprice of the goods or services; information on the payment mechanism thatcomplies with other written laws and any other relevant information. Also in section 30(1) of electronictransaction act is say that without prejudice to any other law, a consumer maywithin seven days or longer period specified in the agreement, after receivingthe goods or conclusion of the agreement and the customer has not received anymaterial benefit from the transaction, cancel the agreement for supply of goodsor provision of service, so after a consumer has cancelled the agreement he shewill pay a direct cost of returning the goods.as the constitution allow freecommunication within a network there are some electronic business it can be exchangeof goods or services.
misunderstanding can happen during electronic business, acompany, individual or any organization can be injustice by other company,individual or organization by this emergency electronic act will have anauthority to sue that company or individual that have injustice the other.In generally the constitution of the united republic ofTanzania is the main body of principles in the country, but cybercrime act 2015and Electronic transaction act 2015 are the part that try to support what isstated in the constitution. The main work of the cybercrime act and electronictransaction act is to protect peoples, infrastructures and government and toreduce hacking and minimize the problems and cost that can be caused by criminalsin a network.
The cybercrime defines the ethics when communicating in a networkand electronic transaction defines ethics when doing any online business, I wouldlike to advice different people to consider the correct and safe using ofcommunication and computer network services for the individual benefits andbenefits of the nation, this because the proper use of networks can bring amany profits to the public.