1. Introduction

Advertising is a critical aspect of a business strategy that helps companies reach their target markets and build brand awareness. In Tanzania, advertisements are governed by a network of legal and regulatory frameworks, designed to ensure ethical standards, protect consumers and prevent unfair competition. Whether a business advertises through traditional media, digital platforms, or promotional campaigns, applicable laws related to copyright, consumer protection, and sector-specific restrictions must be observed.

This article provides an overview of advertising compliance requirements, specifically covering the legal and regulatory framework on advertising, the requirement for approval of adverts by authorities, the use of intellectual property, content restrictions, and considerations when using children and working with advertising agencies.

2. Legal and Regulatory Framework

Businesses in Tanzania must navigate a range of legal requirements when advertising their products or services. Some of these are sector-specific, while others are considered based on the medium used and protection of the competitive environment. The Fair Competition Act of 2003 is a key piece of legislation prohibiting false, misleading, or unfair advertisements and regulating comparative advertising to prevent confusion or deception among consumers. The Media Services Act of 2016 governs advertisements on traditional platforms such as newspapers, television, and radio, ensuring that the content meets ethical and professional standards. For digital platforms, the Electronic and Postal Communications (Online Content) Regulations of 2020, enforced by the Tanzania Communications Regulatory Authority (TCRA), provide clear guidance on acceptable content for online and social media advertising.

The TCRA also regulates broadcast advertisements under the Electronic and Postal Communications (Radio and Television Broadcasting Content) Regulations, GN. No. 134 of 2018. Regulation 20 mandates that broadcast advertisements be lawful, honest, decent, and truthful. They must promote fair competition, avoid misleading or deceptive claims, whether explicit or implied, and refrain from unfairly attacking or discrediting other advertisers or their products. The law also prohibits ads that relate to superstitions or astrology and requires special approval for those promoting alternative medicine.

3. Approval of Adverts

Before advertisements are made public in Tanzania, businesses are required to obtain pre-approval of their adverts from the specific sector’s regulatory authorities. This ensures that the content complies with the sector-specific laws and standards. For instance, advertisements related to medical goods and services must be approved by the Tanzania Medicines and Medical Devices Authority under the Tanzania Medicines and Medical Devices Act, Cap 219. Similarly, the Tanzania Bureau of Standards regulates food and cosmetic advertisements to ensure that claims about product quality and safety are verifiable. For gaming-related products and services, approval must be obtained from the Gaming Board of Tanzania. For instance, Regulation 56(1) of the Gaming (Internet Gaming) Regulations, GN No. 478T of 2022, explicitly prohibits advertising gaming activities without prior approval from the Board.

In the financial sector, advertisements related to securities, such as a prospectus, must comply with the Capital Markets and Securities Act of 2010, as amended. Businesses planning to advertise products or services in any of these regulated areas should ensure that they understand and follow the pre-approval requirements set by the relevant authorities.

4. Intellectual Property and Use of Creative Content

Most advertisements incorporate creative content such as music, slogans, images, or video footage, which are protected under copyright laws. Section 9(1) of the Copyright and Neighbouring Rights Act of 1999 provides creators with exclusive rights to use their work. Thus, unless the content is royalty-free, businesses must secure a proper license from the copyright holder in accordance with Section 17(7) of the Copyright and Neighbouring Rights Act before using it in advertisements. These licenses can be exclusive or non-exclusive, depending on their nature and scope of use.

The same considerations apply to the use of photographs, graphics and models in advertising. When using images sourced from third parties, such as photographers or stock image libraries, businesses must ensure that they secure appropriate usage rights. In cases where models are featured, advertisers should obtain signed model release forms that clearly outline the terms of use, duration and agreed upon compensation. Modelling agencies supplying talent are also expected to confirm that all necessary image rights have been secured. To avoid future disputes, advertisers should be transparent about how long the content will be used and include this information in all relevant agreements.

5. Advertising Practices and Content Restrictions

While creativity is encouraged, imitation that misleads consumers or damages a competitor’s brand may be considered an unfair competition and copyright infringement. One of the strategies used by advertisers is the comparative advertising strategy. This involves highlighting one’s advantages over competitors. Although this is not directly prohibited, misleading or defamatory comparisons are prohibited under the Fair Competition Act. Advertisers should ensure that all claims are factual and verifiable. Claims deemed false, misleading, or unsubstantiated may lead to potential litigation and damage to the brand’s reputation.

Businesses should also be mindful when attempting to mimic ads. Mimicking another brand’s slogan, design, or messaging deceptively can result in legal claims of “passing off.” Section 30 of the Trade and Service Marks Act Cap 326 R.E. 2002 gives the right of action to an aggrieved party against any person for passing off goods and services. This involves one trader misrepresenting its goods or services as those of another trader or vice versa.

In the context of satirical advertising, the Electronic and Postal Communications (Online Content) Regulations of 2020 permit the use of exaggerated content only when it is clearly identified as satire, parody, or fiction. To comply with the law, such advertisements must include a clear disclaimer stating that the content is not factual. This allows advertisers to creatively critique or entertain through satire, provided they do not mislead the public by presenting fictional content as factual, as this amounts to “prohibited content” under the regulations. Advertisers must also ensure that satire does not defame individuals, infringe on trademarks, or mislead consumers. If the satirical element is unclear and consumers are led to believe that there is an association between two unrelated brands, this could violate consumer protection laws.

Digital platforms allow advertisers to tailor their campaigns to specific audiences. This is permissible but must comply with data protection and privacy regulations. In some sectors, such as finance, healthcare, and gaming, disclaimers are mandatory to ensure that consumers are well-informed about product risks, terms of use, or eligibility criteria.

6. Pricing Compliance and Currency Regulations

Advertisements quoting prices must comply with the recent Foreign Currency Usage Regulations, GN No. 198 of 2025, made under the Bank of Tanzania Act, Cap 197. Regulation 2 mandates that all prices of goods and services be quoted exclusively in Tanzanian Shillings, and Regulation 3 explicitly prohibits quoting, advertising, or publishing prices in any foreign currency. This means that any form of marketing communication, whether digital, print, broadcast, or outdoor, that displays prices must do so only in Tanzanian Shillings. Failure to comply constitutes an offense. However, the law is currently silent on specific penalties for non-compliance.

Exceptions are limited to specific transaction types outlined in the Regulations, such as dealings with embassies or international organizations, and should not be generalized across regular commercial advertising.

7. Advertising to Children

When children are featured in advertisements in Tanzania, businesses must follow the specific legal and ethical requirements. Section 30(1) of the Personal Data Protection Act prohibits the use of a child’s personal data, including their images or voice, without written consent from a parent or legal guardian. Consent documentation should include details about how the content will be used, for how long, and on which platforms or media. The Law of the Child Act Cap 13 R.E. 2019 also restricts the publication of advertisements that suggest or promote child adoption arrangements. These laws are intended to safeguard the dignity and privacy of children featured in the media content.

In addition to statutory requirements, ethical standards set by the Media Council of Tanzania and global best practices provide further guidance on how children may be portrayed in advertisements. These standards recommend that advertising content should avoid stereotypes, stigmatizing language, or messages that may be misleading or exploitative. There is also a strong emphasis on avoiding imagery or messaging that may compromise a child’s innocence or cause emotional harm. The equal representation of boys and girls is encouraged, and advertisers are advised to avoid reinforcing negative perceptions based on gender, culture, ethnicity, or background.

8. Working with Agencies and Running Promotions

When working with advertising or creative agencies, businesses should ensure that contracts clearly define each party’s responsibility. A formal agency agreement should outline content creation timelines, approval processes, compliance requirements, and deliverables. The agreement should also include indemnity clauses to protect the business if the agency’s work leads to legal challenges such as false claims or intellectual property violations.

Contests and promotional giveaways are effective marketing tools that must be managed with legal precision. Prize draws, raffles, or games of chance may require a license from the Gaming Board. Businesses must also specify in the competition rules whether they or the winner will bear any applicable taxes. Transparency in contest mechanics, eligibility, and prize details is essential for avoiding disputes and regulatory violations.

Conclusion

Advertising in Tanzania requires a comprehensive understanding of the legal and ethical standards that protect consumers and maintain fair competition. Businesses must ensure compliance with various regulations, including those related to copyright, child protection, data privacy, comparative advertising and promotional contests. To mitigate these risks, businesses should conduct thorough content clearances, secure necessary approvals, and seek legal advice when planning major campaigns. By doing so, companies can avoid legal liabilities, safeguard their reputation, and build trust with their audiences and regulatory bodies.

Unlike countries such as Kenya, which have dedicated institutions like the Advertising Standards Board (ASB) to oversee and enforce advertising ethics, Tanzania lacks a centralized regulatory body focused solely on advertising standards. This gap presents challenges in maintaining consistent oversight and can lead to varied interpretations of compliance across sectors. In the absence of such a body, Tanzanian businesses are encouraged to proactively adopt best practices, reference international standards where appropriate, and engage legal professionals to ensure that their advertisements are compliant and ethically sound.

Victory Attorneys & Consultants,

IT Plaza Building, 1^st Floor,

Ohio Street/ Garden Avenue

P.O.Box 72015, Dar es Salaam

Mobile : 0772089685

Email: info@victoryattorneys.co.tz

AUTHORED BY:

RAYSON ELIJAH LUKA, PARTNER

MELISSA NDANSHAU, LEGAL INTERN