Executive Summary

This policy establishes the standards, procedures, and legal foundation by which Allisoft protects its organizational reputation and staff from unfounded, false, or malicious communication. It creates a mandatory evidence-based complaints mechanism, defines prohibited conduct, ensures fair investigation, and balances protection with legitimate whistleblowing. It is applicable to all third parties, stakeholders, and the public in their communications about Allisoft or its staff.

1. Definitions

• Defamation: Any false statement, whether published orally, in writing, or online, that harms the reputation of Allisoft or its staff by exposing them to hatred, contempt, ridicule, or discredit. This includes libel (written) and slander (spoken).^[1]
• Evidence-Based Claim: An allegation supported by verifiable, documented, and credible information or materials that can be independently reviewed or authenticated.
• Complainant: Any individual, entity, client, partner, or member of the public submitting a concern or allegation about Allisoft or its staff.
• Respondent: The staff member(s), committee, or organizational entity against whom a claim is made.
• Whistleblower: A person who, in good faith and with supporting evidence, reports wrongdoing, misconduct, or policy violation.
• Malicious Communication: Any false, misleading, or intentionally harmful public statement made without a reasonable basis and with intent to damage reputation.

2. Purpose

The purpose of this policy is to:

• Protect the reputation and integrity of Allisoft and its staff from false, defamatory, or malicious public claims.
• Establish a clear, evidence-based process for making, receiving, investigating, and resolving complaints.
• Ensure responsible communication by requiring substantiation before public dissemination of allegations.
• Uphold transparency and fairness while safeguarding genuine whistleblowers from retaliation.

3. Scope

This policy applies to:

• All external parties (clients, contractors, partners, suppliers, and the public) who make statements about Allisoft or its personnel.
• All internal staff and committee members in their capacity vis-à-vis managing, responding to, or enforcing reputation-related matters.
• Digital, print, spoken, and social media communications referencing Allisoft or its staff.

4. Evidence & Responsible Communication Requirements

All claims or allegations made about Allisoft or its personnel must comply with the following:

1. Verifiability: Claims must be accompanied by concrete, documented evidence—such as emails, signed statements, timestamps, screenshots with metadata, contracts, or other primary-source material—that can be independently assessed. Unsupported hearsay or speculation is not acceptable.
2. Good Faith: Complainants must make disclosures in good faith. Submissions known to be false or deliberately misleading constitute malicious communication and will trigger countermeasures, including potential legal action.
3. Confidential Submission First: Before making public statements, the complainant is required to submit the issue privately through the official reporting channels to allow Allisoft an opportunity to review and respond.
4. No Public Accusations Without Basis: Public dissemination (social media posts, blogs, media outlets) of allegations without providing Allisoft the chance to investigate or without validated evidence is strictly prohibited and will be actionable.
5. Preservation of Evidence: Complainants must preserve original evidence and share it in its unaltered form with the investigating body. Any tampering, destruction, or fabrication will be treated as a grave violation and may result in adverse legal inferences.

5. Reporting & Investigation Procedures

To raise a concern or complaint, the following steps apply:

1. Submission: Complaints must be submitted in writing to the Allisoft Committee or Human Resources via official channels (e.g., designated email address, formal letter, or in-person documented meeting). The submission must include:
• Detailed description of the allegation.
• Supporting evidence as required in Section 4.
• Contact information for follow-up.
• Declaration of good faith and acknowledgment of the policy.
2. Intake & Acknowledgement: Receipt will be acknowledged within five (5) business days. The Committee will perform a preliminary screening to determine if the complaint meets evidentiary thresholds.
3. Investigation: If the complaint proceeds, a confidential investigation will be conducted, involving fact-finding, interviews, and verification of submitted documents. All parties will have an opportunity to respond.
4. Decision & Remedy: Upon completion, the Committee will issue a written determination. If a false or malicious public claim is established, corrective measures, including public clarification, retraction demands, preservation orders, or legal escalation, will follow. If the concern is substantiated, remedial steps (including internal corrective mechanisms) will be implemented.
5. Appeal: Either party may appeal the decision to the CEO or a designated independent reviewer within ten (10) business days of the decision letter. The appeal will be reviewed and resolved within fifteen (15) business days, with final outcomes communicated in writing.

6. Legal & Regulatory Foundation

This policy is anchored in national, regional, and international laws and standards that recognize both the importance of protecting reputation and the need to balance it with legitimate expression. Key legal sources include:

• Tanzania Penal Code (Cap. 16), Section 46 – Criminalizes defamation, defining injurious false statements and providing for sanctions to protect personal and organizational reputation. Public dissemination of knowingly false damaging statements may attract criminal liability, including fines and imprisonment. ^[2][16]
• Cybercrimes Act, 2015 – Addresses online publication of false, misleading, or harmful information, including defamatory content; empowers authorities to investigate, seize digital devices, preserve electronic evidence, and prosecute offenders. ^{[5][9][13][8]}
• Media Services Act, 2016 and Media Services (Defamation Proceedings) Rules, 2019 – Establish procedures for instituting and adjudicating defamation claims in media and online platforms, including offers of amends, rights of reply, and court-ordered corrections and damages. ^{[6][2][17][10]}
• Regional Human Rights Jurisprudence: Konaté v. Burkina Faso (African Court on Human and Peoples’ Rights) – Affirms that while reputation protection is valid, punitive custodial sentences for defamation are disproportionate; advocates for proportional civil remedies while ensuring freedom of expression is not unduly chilled. ^{[3][7][11][18][15]}
• International Norms & Declarations: United Nations and UNESCO guidance (including joint declarations by special rapporteurs) call for balanced treatment of reputation versus expression, discourage abusive defamation enforcement, and encourage transparent complaint mechanisms with whistleblower safeguards. ^[7][18]

Note: While Allisoft reserves the right to enforce this policy fully, it commits to handling genuine concerns raised in good faith fairly and without retaliation to protected whistleblowers.

7. Enforcement, Remedies & Protections

The following actions will be taken depending on findings:

• Against Malicious/Public False Claimants:
  • Cease and desist demands with a strict compliance window (typically 72 hours) before escalation.
  • Public correction, retraction, and apology requirements.
  • Termination of any ongoing contractual or business relationships.
  • Civil or criminal legal action, including defamation suits, damages, and costs as permitted under Tanzanian law. ^[2][6][10]
  • Seizure of digital equipment or content preservation orders if abuse involves electronic communication. ^[5]
• For Substantiated Complaints:
  • Internal corrective measures such as policy updates, training, or process redesign.
  • Remediation or public clarification where appropriate to address harm or confusion.
• Whistleblower Protection: Individuals reporting in good faith with verified evidence will be protected from retaliation. Confidentiality will be maintained to the maximum extent feasible. ^[7]

8. Dispute Resolution & Appeal

If any party disagrees with the outcome of the investigation, they may invoke the appeal mechanism outlined in Section 5. Appeals are considered by an impartial reviewer (the CEO or an appointed delegate) and are resolved based on the record, principles of fairness, and proportionality. Final determinations will be issued in writing and are binding unless successfully challenged through the formal appeal process.

9. Public Notice & Legal Disclaimer

This policy serves as both a protective and preventive public notice. Any party making unsubstantiated public statements about Allisoft or its staff after being notified of a pending complaint will be considered in breach of this policy and subject to enforcement action. Allisoft does not waive any of its rights by delaying or selectively enforcing remedies; isolated forbearance does not constitute consent or estoppel.

10. Public Notice & Legal Warning

This is a formal, binding, and public legal warning issued by Allisoft to all individuals, entities, media organizations, online platforms, and members of the public.

1. Absolute Prohibition: No person or organization shall post, publish, distribute, share, amplify, repeat, or republish any false, defamatory, misleading, malicious, or unsubstantiated claims regarding Allisoft, its staff, affiliates, or operations—whether in digital, print, broadcast, or verbal form. This includes insinuations, innuendo, and implied allegations lacking factual support.
2. Immediate Cease & Desist Demand: Any party that has already engaged in such conduct is ordered to immediately cease and desist all defamatory or harmful communication. A takedown, correction, or retraction must be issued within seventy-two (72) hours of receipt of this notice or knowledge of such conduct, failing which Allisoft will proceed without further warning.
3. Evidence Requirement: All allegations must be accompanied by credible, verifiable, and unaltered evidence. Fabrication, manipulation, destruction, or concealment of evidence will itself be treated as a separate violation warranting escalated legal response.
4. Legal Consequences under Tanzanian Law: Violations constitute offenses under the Tanzania Penal Code (Cap. 16) (defamation), the Cybercrimes Act, 2015 (digital abuse, false information, and unauthorized dissemination), and the Media Services Act, 2016 including its defamation procedures. Offenders may face criminal prosecution, fines, imprisonment, confiscation of electronic devices, and civil liability for damages. ^[1][2][3]
5. International & Regional Accountability: Allisoft may invoke cross-border cooperation, where applicable, under regional and international frameworks to pursue responsible parties. Malicious misuse of free expression to harm reputation is contrary to the balance endorsed by United Nations principles and African human rights jurisprudence and may attract sanctions or coordinated legal responses. ^[4]
6. Third-Party & Platform Liability: Media houses, social media platforms, moderators, and any third parties that disseminate, republish, host, or facilitate the spread of defamatory or unsubstantiated content concerning Allisoft may also be held liable for secondary publication, aiding and abetting, or failure to act upon notice of falsity.
7. Enforcement & Remedies: Allisoft will pursue all available remedies, including:
   • Immediate injunctive relief to halt further dissemination.
   • Demands for public retraction, correction, and apology.
   • Monetary damages (general, special, and punitive), legal costs, and interest.
   • Termination of relationships and contracts.
   • Criminal referrals and prosecution. ^[2][6][10]
8. Preservation and Forensic Orders: Parties subject to this warning must preserve all relevant communications and data. Failure to comply with preservation obligations may lead to adverse judicial inferences or additional sanctions.
9. Protected Whistleblowing: This warning does not extend to bona fide whistleblowers who present documented evidence in good faith. Such individuals will be protected from retaliation in line with internal policy and international standards. ^[5]
10. Finality & Reservation of Rights: Continuation or initiation of prohibited conduct after issuance of this notice will result in aggressive enforcement action to the fullest extent permitted by law, including pursuit in multiple jurisdictions if necessary. Allisoft’s failure to act immediately in a specific instance does not waive its rights in future matters.

Note: By ignoring this notice, any offending party accepts full responsibility for individual and collective legal consequences, including injunctive relief, monetary judgment, reputational reparations, and fee recovery. orelse one should obey, delete or not any

All recipients must immediately obey any cease-and-desist, takedown, correction, preservation, or inquiry order issued under this policy. Defamatory, false, misleading, or unsubstantiated public statements about Allisoft or its staff must be deleted or retracted within 72 hours of notice. At the same time, no person or entity may delete, alter, destroy, conceal, or tamper with any evidence, original content, metadata, logs, or communications once a concern is raised or an investigation begins; such interference will be treated as obstruction and may lead to additional legal consequences.

• Obey: All lawful orders (cease-and-desist, takedown, correction, preservation) issued by Allisoft under this policy without delay.
• Delete/Correct: Any identified defamatory or unsubstantiated content publicly shared must be promptly removed or corrected, with public retraction if required.
• Cooperate: Third parties (platforms, media, intermediaries) must cooperate with takedown and preservation requests upon notice.

11. Contact & Implementation

Concerns or complaints should be directed to:

Allisoft Committee / Human Resources
Email: info@allisoft.net
Phone/WhatsApp: +255 738 675 136

Effective Date: 3rd February 2023 • Reviewed Annually •
Approved By: Nex Wills, CEO Allisoft Tanzania
Yuritha, Co-Founder & CTO
Ester H Jonathan (ARP)
Passed through Tanzania responsible bodies & approved accordingly.