‘MACRA operating within precinct of the law, so too should operators and consumers of the digital space’
Minister of Information & Digitalisation, Moses Kunkuyu emphasises that the law is the law and should be followed to the book, unless the public engages lawmakers in Parliament to amend some clauses that are deemed as infringing on the citizens’ rights.
He said this today at the launch of Malawi Communications Regulatory Authority (MACRA’s) stakeholders’ Open Week at Sunbird Mount Soche in Blantyre, saying MACRA operates within precinct of the law, and so too should operators and consumers of the digital space.
He this after MACRA Director General, Daud Suleman announced that the regulator has amended the Electronic Transaction & Cyber Security Act (2016), which will ensure that the digital space is properly regulated.
In his presentation, Suleman explained that the Electronic Transaction & Cyber Security Act (2016) was drafted from around 2010-2012 taking into account of the digital penetration at that time — but the digital landscape has tremendously evolved that has seen many challenges to do with electronic transaction and cyber crimes.
“The legal framework of the digital space was compacted into one law, the Electronic Transaction & Cyber Security Act, with cyber crimes being mentioned in one paragraph,” Suleman said. “So, we found the need to break the Act into two — the Electronic Transaction Act and Cyber Security Act.”
He added that the cyber security law was also divided into four components that includes Data Protection Act, which has been rolled into operation from June, 2024 while three Cyber Crimes Bill; e-Evidence Bill and Digital Innovation & Entrepreneurship Bill are yet to be debated in Parliament.
He assured that once the Bills would be passed and assented to, they shall be made available for the public’s scrutiny since the Cyber Crimes Bill zeroes in on do’s and don’t’s on the use of the digital space — including 38 types of crimes that are committed through phones.
Thus Minister Kunkuyu said freedom of speech on the social media goes with it some personal responsibility and that if one abuses it and becomes in conflict with law, then the law should take its course.
He alluded that the public believes that public figures, including the Head of State and his administrative executives, can be defamed anyhow and when the law enforcement agencies bring culprits to book, there is always public outcry that politicians are abusing the law.
He gave an example that if an individual other than the President and his fellow politicians, feels they have been defamed on social media, they have the right to seek for legal remedies as the law requires — and that is never questioned.
“But when the law enforcement agencies take it up on behalf of the politicians, it is surprisingly deemed as if the process is being abused, but the law [against defamation] is there to protect everyone, including the President,” he said.
He also highlighted that when people apply for licences from MACRA, they follow legal obligation they are made aware of, including paying their subscription fees as mandated by law, but when they fail to honour such obligations — and MACRA cracks its whip — they cry foul.
“Licencees are obliged to follow what they are required to do after they have been granted licences and MACRA is mandated to crack the whip as it operates within the law,” he said. “So too should operators and and consumers of the digital space.”
Kunkuyu stressed the the Open Day Blantyre is the first of the three in the Open Week that will also take place in Lilongwe and Mzuzu, which “are aimed at providing an interactive forum with operators and consumers to allow MACRA enhance its regulatory functions, among others”.
“The communications sector is dynamic and rapidly evolving and keeping pace with the latest developments crucial for meeting the needs of consumers,” he said, adding that the initiative “offers an opportunity for all stakeholders to collectively work together to foster a vibrant and inclusive ICT sector in Malawi”.
He added that President Lazarus Chakwera’s administration recognizes the importance of ICT in driving socio economic development as he “made digital transformation as one of the goals of his Government”.
“Government policies are therefore designed to support innovation, enhance connectivity, and ensure that the benefits of digitalization reach every corner of our nation.
“The prosperity of our country hinges on our ability to embrace and adapt to the rapid pace of technological change. In pursuit of this goal, I am pleased to announce that Cabinet recently approved the National Digitalization Policy and the Digital Economy Strategy, which are significant milestones in our collective efforts to advance digital transformation in the country.
Further to this, my Ministry is also investing in crucial ICT infrastructure, promoting digital literacy and skills development, and fostering collaboration between the public and private sectors.
“Initiatives, such as the construction of a data centre in Lilongwe; the erection of solar-powered telecommunication towers in rural areas and the connectivity of over 500 government institutions to the internet across the country — including higher education and secondary schools lays a foundation for a vibrant and resilient digital economy.”
He further said the government’s commitment to promoting ICT can also be seen through the installation of free public Wi-Fi at various sites, such as markets and airports, and the development of the Malawi Interoperability & Data Exchange Platform (Enterprise Service Bus).
“Additionally, government has also provided US$2 million in support to tech hubs. I am pleased to also announce that recently, government secured a US$150 million grant from the World Bank for the Digital Acceleration Project.
“This is a successor to the Digital Malawi Foundation Project, which my Ministry has been implementing in collaboration with the Public Private Partnership Commission. This project will further boost Malawi’s digitalization efforts and transform our participation in the digital economy.
“In addition, a UNDP funded basket of US$10 million has also been availed to Malawi Government through the Inclusive Digital Transformation Project. Malawi is also among countries that have been earmarked to benefit from the International Telecommunication Union (ITU) AfricaBBMaps initiative, which will assist to bridge the digital divide and ensure digital inclusivity.
“Through this initiative Malawi and other 11 Sub-Saharan African countries will receive €15 million (almost MK28 billion) over four years (2024-2027) for development of broadband mapping system that can produce readily available validated data to identify internet connectivity gaps in coverage, quality and affordability.”
Looking ahead, Kunkuyu said the Ministry’s vision for the ICT sector “is one of growth, innovation, and inclusivity. We know that by leveraging the power of digital technologies, we can create opportunities, enhance service delivery, and improve the quality of life for all Malawians.
“MACRA’s role as the regulator for the communications sector is, therefore, crucial — it ensures fair competition, protects consumer interests, and fosters an environment conducive for innovation and investment.
“This Open Week is, therefore, crucial for MACRA to get insights from operators, licensees and consumers on how best to effectively and progressively regulate Malawi’s communications sector.”
He thus appealed to all stakeholders “to join hands and work towards leveraging digital transformation as a gateway to economic empowerment and to harness the power of technology to build a brighter future for ourselves and generations to come”.
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