Q&A with FB Attorneys

Law for social media influencers

The growing trend of social media influencers is concerning. Every day, you hear stories about social media influencers posting something problematic and controversial. For example, a social media influencer was trending this past week because he encouraged youth to join his business and forget about their education. This group of people are dangerous to our society, especially to youth who see them as role models. As a law-abiding citizen, I wondered whether there is a law governing social media influencers in Tanzania. Please enlighten me.

DK, Dar es Salaam

We understand your concern. Social media influencers are regarded as persons of influence since they have many followers on social media platforms. These influencers have the power to set trends and even orchestrate societal movements because they are regarded as role models by their followers and people of their generation. There is no specific law governing the conduct of social media influencers in Tanzania. However, this does not mean influencers can act and behave as they please. All laws applicable to Tanzanian citizens are also relevant to social media influencers since every Tanzanian citizen must obey the law. Article 26(1) of the Constitution of the United Republic of Tanzania confers on every person the duty to observe and abide by the Constitution and the laws of the United Republic of Tanzania.

In particular, social media influencers must be aware of the Cybercrimes Act (Act No. 14 of 2015) (Cybercrimes Act), which prescribes offences committed in cyberspace, including social media. For example, section 16 of the Cybercrimes Act states that publishing false and misleading information is a crime. Further, if a social media influencer finds themselves in trouble, they cannot claim ignorance of the law because this is not a?defence?as per section 8 of the Penal Code, Cap. 16 [R.E 2022].

There have been a few decisions against social media influencers and our prediction is there will be many more. Social media influencers cannot hide behind the freedom of speech or freedom of expression to defame, injure, misdirect or miscommunicate to the public. Whilst it is true that freedom of speech and freedom of expression are fundamental rights, there must be a balancing act which may, sometimes be a fine line. We recommend you see a lawyer for further guidance.

Evidence of expert witness

I was a witness in a construction case. The opposing party brought an expert witness who acted in two roles: structural engineer for the project and project consultant. The Court admitted this evidence. Nonetheless, the dual roles played by the expert witness seem questionable in terms of the impartiality of his opinion. I cannot stop asking myself?whether he could give an impartial expert opinion on the roles he had to play in the project.?Please guide me.

GO, Dar es Salaam

Thank you for this question. The evidence of an expert witness or, in other words, an expert opinion is admissible under section 47 of the Evidence Act Cap. 6 [R.E 2022]. It is the Courts’ position that expert witness evidence needs to inspire confidence in the parties and the public.?Accordingly, the parties and Court must arrange to procure an independent witness in cases requiring an expert opinion. Confidence in the expert witness evidence is needed to ensure the other party is not prejudiced by their bias or conflict of interest in the case. In that regard, it was important for the trial Court to ensure that the evidence given by an expert witness was impartial. If what you are saying is true about the case you were called to witness, then the expert's impartiality was questionable, as we have hinted above. However we don’t have exact details of the case and your lawyer can guide you for a firmer opinion.

Consequences for adultery

I have recently found myself in trouble for adultery. My wife discovered I had another family with a woman in my office two weeks ago. She threatened to report me to the police despite pleading with her to reconsider this. Fast forward to last week, she met a lawyer friend who advised her to sue for damages under a civil action. This confused me greatly, and I now do not know her next move. Will she sue me for damages or report me to the police for criminal action? Please guide me.

PS, Kilimanjaro

Adultery is not considered a crime under Tanzanian law, as is the case in many other countries. However, section 72 of the Law of Marriage Act [Cap. 29 R.E. 2019] (LMA) allows the affected party to bring a suit for a claim for damages, including compensation for emotional distress, harm to reputation or social standing against any person with whom the spouse has committed adultery. However, no such proceeding shall lie where the aggrieved party has consented to or connived at the adultery, where damages for the alleged adultery have been claimed in a divorce petition. Note that a suit brought under 72 of the LMA will be dismissed if the defendant satisfies the Court that he or she did not know and could not, by the exercise of reasonable diligence, have known that the person with whom he or she committed the act of adultery was married. According to section 74 of the LMA, damages for adultery are awarded at the Court’s discretion but shall not include any exemplary or punitive element. So, whilst adultery is not a crime, it may have financial consequences.

Remember, adultery can be evidence that a marriage has broken down beyond repair and, hence, a ground for divorce. Section 107(3)(a) of the LMA states that?adultery committed by the respondent, particularly when more than one act of adultery has been committed or when an adulterous association is continued despite protest, can be considered by a Court in determining whether to grant a decree of divorce. Further,?section 106(3) of the LMA adds that?a petition for a decree of divorce, which includes an allegation of adultery, may consist of a prayer that the co-respondent be condemned in damages in respect of the alleged adultery, provided that a prayer for damages for adultery shall not be included in a petition for divorce if damages for the alleged adultery have already been claimed in a suit brought under?section 72.?Your lawyer can guide you further.