MISA-Malawi Renews Call for Review of Oppressive Laws

By Micheck Kauma

The Media Institute of Southern Africa (MISA) Malawi has urged the government to review laws that stifle freedom of expression and press freedom, particularly the Electronic Transactions and Cyber Security Act of 2016.

Chisomo Nguluwe, Vice President of MISA Malawi, made the call during a stakeholders’ engagement workshop organized by the Malawi Communications Regulatory Authority (MACRA) in conjunction with the Ministry of Information.

The Electronic Transactions and Cyber Security Act makes provision for electronic transactions, investigation, collection, and use of electronic evidence.

However, it also criminalizes offences related to computer systems and information and communications technologies, leading to the arrest of journalists and media practitioners for stories they have written.

In February 2024, over 14 journalists at the Malawi Broadcasting Corporation (MBC) were subjected to police searches, with their mobile phones and computers seized on allegations of cyber spamming.

MISA Malawi argues that while it does not condone insulting others or any cybercrime-related behaviors, the Act is being used to criminalize freedom of expression and media freedom in Malawi.

Nguluwe specifically highlighted the need to review the cyber security law, which criminalizes defamation, leading to the arrest of journalists and media practitioners for stories they have written.

She argued that defamation should be a civil matter, not a criminal offense.

In response, Baldwin Chiyamwaka, Principal Secretary for the Ministry of Information and Digitization, assured that all communication laws will be reviewed to ensure that people can express themselves freely.

The workshop brought together various stakeholders, including consumers, licenses, operators in the ICT and communication industry, to interact and share experiences on issues related to ICT.

MACRA’s Acting Director of Postal Service, Burnet Namacha, emphasized the importance of the open day in providing an interactive forum for operators and consumers, enabling MACRA to enhance its regulatory functions and provide opportunities for prospective licenses to get feedback on queries and information on how to operate in the ICT business in Malawi.

MISA Malawi’s call for review of oppressive laws is a significant step towards promoting press freedom and freedom of expression in Malawi.

The organization’s efforts aim to create a conducive environment for journalists and media practitioners to operate without fear of persecution or criminalization.

Experts have also warned against an emotional review of the cyber law, stressing the need for a balanced approach that considers both freedom of expression and national security concerns.

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