Network Neutrality in Tanzania: Enforcement and Implementation Challenges, Comparative Insights and Lessons from India

This article examines the legal and regulatory framework governing network neutrality in Tanzania that affects the realisation of an open, fair, and non-discriminatory internet environment. Network neutrality is a foundational principle of internet governance that requires Internet Service Providers (ISPs) to treat all internet traffic equally without discrimination, throttling, blocking, or paid prioritisation. The study analyses the extent to which Tanzania’s existing legal framework, particularly the Electronic and Postal Communications Act (EPOCA), the Electronic Communications (Consumer Protection) Regulations, 2018, the Fair Competition Act and the Universal Communications Service Access Act, addresses principles of network neutrality. The Article demonstrates that although certain provisions relating to fair competition, consumer protection, and regulatory oversight indirectly support aspects of network neutrality, Tanzania lacks explicit legislation specifically regulating discriminatory internet traffic management practices. This regulatory gap creates enforcement uncertainty and limits the Tanzania Communications Regulatory Authority's (TCRA) ability to effectively monitor and sanction practices such as throttling, blocking, and paid prioritisation. The article further identifies several implementation challenges, including institutional and technological constraints, commercial discrimination, market dominance, limited public awareness, the absence of harmonised regional standards, and the tension between state regulatory interests and the protection of digital rights such as freedom of expression and access to information. Through comparative analysis, the article examines regulatory approaches adopted in other jurisdictions, particularly to prevent ISPs from engaging in discriminatory pricing and traffic management practices. The Article further argues that Tanzania’s predominantly control-oriented telecommunications framework should be complemented by openness-oriented principles that prioritise transparency, non-discrimination, digital rights, and consumer protection. The Article proposes comprehensive legal and regulatory reforms, including the enactment of dedicated net neutrality legislation, expansion of TCRA’s enforcement mandate, adoption of technologically neutral regulatory principles, promotion of fair competition and digital inclusion, harmonisation of regional standards within the East African Community and the African Union, and increased public awareness of digital rights and internet governance. The article concludes that effective implementation of network neutrality in Tanzania requires a balanced framework that simultaneously protects consumer rights, promotes innovation and fair competition, safeguards digital freedoms, and accommodates the legitimate commercial and infrastructural interests of ISPs.