Striking a Balance between the Right to Privacy and Freedom of Expression: A Case Study of Women’s Digital Rights in Tanzania

Abstract

The expansion of digital technologies has transformed the exercise of privacy and freedom of expression while creating new risks for women participating in digital spaces. This article examines whether Tanzania’s legal framework adequately balances these rights while protecting women from emerging digital harms. Using doctrinal legal research, the study analyses constitutional provisions, legislation, judicial decisions, international and regional human rights standards, policy materials, and relevant scholarship. The analysis finds that Tanzania formally protects privacy and freedom of expression but that important regulatory and enforcement gaps remain. Existing cyber legislation concentrates substantially on cybercrime, security, public order, and online content regulation while providing less explicit protection against gendered digital harms such as cyberstalking, non-consensual distribution of intimate images, online impersonation, technology-facilitated harassment, misuse of personal data, and emerging algorithmic harms. Gaps also remain in data governance, platform accountability, and effective remedies. The article argues that privacy and freedom of expression should be understood as mutually reinforcing rights, particularly where privacy violations discourage women from participating in digital public life. It concludes that a human rights-based and gender-responsive approach to cyber regulation, data governance, enforcement, and judicial interpretation is necessary to strengthen women’s digital rights while preserving legitimate freedom of expression in Tanzania.