Saturday, February 29, 2020

Can Electronic Documents Be Used As Evidence International Law Essay

Can Electronic Documents Be Used As Evidence International Law Essay Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Can Electronic Documents Be Used As Evidence International Law Essay I have noted that, there was a problem of accepting electronic document as primary evidence. But in the Written Laws (Miscellaneous Amendments) Act, 2007, Part IX accepted partly in criminal matters and in banking transactions, where now the major problem lays on its practicability, specifically on authentication of the electronic document to be applied as good as primary evidence in determining matters in issues. ABSTRACT Text books, electronic sources, legislations of different jurisdictions are very important in finding ways of solving challenges facing the admissibility of electronic evidence in Tanzania. They play a big role in finding accurate and proper ways and solutions faced in legal system. Evidence is information that tends to prove or disprove a fact or matter in issue , from which an inference may logically be drawn as to the existence of a fact. It consists of proof by testimony of witnesses on oath or by writing or records. Evidence is a crucial element in judiciary as it is used to determine matters of controversy in cases. .In determining controversy/ matter(s), judge(s) prefer direct evidence such as an official document or a witness’s assertion of his/her immediate knowledge of the question at issue. Cyber Law is the law which regulates cyberspace or internet transactions. It encompassing cases, statutes, regulations and disputes that affect people and business interaction through computers, and it addresses issues of online speech and business; also due to the nature of the medium it including intellectual property rights, free speech, privacy, e-commerce and safety, as well as questions of jurisdiction. The quick innovation of science and technology; resulted to lots of changes in the world, regional state, individual states and even directly to the individual person. People’s interactions mostly influenced by trading (commerce) education, political or gove rnments’ communication, socially and economically. The most current and fast way of such interaction is through Internet, computers, and wireless telephones. Most state laws have not been amended to accommodate such new relationship, on the point of evidence and jurisdiction. In Tanzania, regardless recognizing and using Internet and computers online in economic and business, like electronic banking for example ATM (Automatic Teller Machines) Tembo card cash point, our laws took long time to recognize Electronic Evidence as the best evidence or as primary evidence. This problem did not end only in the statutes but also in the case law where in most cases the court rejected secondary evidence. For example in the case of Shirin Rajabali Jessa v. Alipio Zorilla, where court, only accepted under a lot of restriction. Currently the Tanzania Law of Evidence Act was amended to accommodate Electronic Evidence. Primary evidence is the best evidence and mostly courts rely on it in givi ng out the decision. Being the best evidence it is also used in electronic cases (disputes) in one way or another but in many cases Electronic Evidence is found to be grouped in secondary evidence which has a lot of challenges toward its admissibility.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.