Review of Communications Act very important as communication landscape has changed
Malawi Communications Regulatory Authority (MACRA) Director General, Daud Suleman emphasises that clauses of the Communications Act were passed in 2016, whose formulation process started in 2013 and as the communication landscape has changed with the introduction of various disruptive technologies, there is the great need to review the Act.
He said this when he appraised media managers that MACRA engaged on Friday at a breakfast meeting at Protea Ryalls Hotel, that the Malawi Parliament is expected to review and amend the Communications Act that include Cyber Security Bill, Cyber Crimes Bill, Electronic e-Commerce Bill and the Electronic Evidence Bill.
Also reviewed and passed was the Data Protection Bill, which was assented to by President Lazarus Chakwera on February 1, 2024 — marking a significant milestone in MACRA’s efforts to safeguard the fundamental rights and freedoms of individuals with respect to the processing of their personal data.
Suleman said during the formulation of the Act from 2013, it was not taken into consideration the advancement of technology as by then, the social media was not as active as it is now.
He gave examples of some incidents that are awash on social media in which people with ill intentions that when their romantic relationships break on sour note, they publish nude pictures taken in their privacy.
He also gave examples of thousands of people who had been robbed of their money through mobile phone fraud as well as distribution of fake news that tarnish images of many people.
He emphasised that Malawi has fully embraced the digital way of business but while it was expected of people to use technology with prudence, many unscrupulous people used it to injure others.
“The Communications Act of 2016 did not address some of these disruptive technologies,” he said. “That is why as a MACRA, we have to come in to impose legal frameworks that also go together with punishment.
At a capacity building session that MACRA held with legal practioners and law enforcement agencies — with assistance from the International Telecommunications Union (ITU) under theme ‘Emerging Technologies and Cyber Laws’ — guest of honour Chief Justice Rizine Mzikamanda hailed MACRA’s decision to review the Communications Act.
He is quoted in September edition of MACRA Magazine as saying digital technologies have impacted the delivery, interpretation and legal practice generally — thus legal practitioners needed to adopt the new technologies and be lawyers that are cyber smart.
The capacity building session tackled issues of artificial intelligence, internet of things, cyber security and electronic signatures, which are provided for in the Electronic Transactions and Cyber Security law.
On the Personal Data Protection Act, Suleman enlightened the media managers that it requires organisations processing personal data to do so lawfully, fairly and in transparent manner.
“In today’s digital age, the collection of, storage and use of personal information have become pervasive across various sectors — thus the crucial need to establish establish robust data protection frameworks which need necessary legal and regulatory mechanisms to achieve its goal.”
He also appraised the media of the Central Equipment Identity Register (CEIR) system that is operational designed as a security measure of protecting mobile devices from theft and fraud.
He said benefits include enhancing security of mobile phone users and their handsets; empowers mobile phone owners by allowing them to trace and/or to block their handset if lost or stolen; to check if a handset is not blacklisted before buying.
The system is being operated in liaison with neighbouring countries of Zambia, Mozambique, Tanzania as well as South Africa and Zimbabwe to trace and recover stolen mobile handsets; to check if phone is original or counterfeit before purchase and allows to unblock a handset that was lost or stolen when it is recovered.
It also empowers citizens to report and blacklist mobile handsets involved in fraud, extremism, terrorism and other illegal activities.
Another achievement MACRA has made is the implementation of Revenue Assurance System (RAS), which was first introduced some 10 years ago but some agents thought MACRA was intending to install spying machine.
After some legal battles which cost the authority over US$20 million and Suleman said after further investment, the RAS would help MACRA to collect data on how mobile and data operator are generating their revenues to confirm that they have remitted the required percentage to the regulator.
Suleman added the issue of call drops was previously difficult to handle with the mobile operators as MACRA was not able to have backing evidence to confront the operators.
Following the installation the RAS, MACRA will be able to have back proof of call drops where customers are being charged for them. This has already been felt by customers as they now receive SMS to refund the calls drops that were charged as well as extending period validity of data bundles when their had been a disruption on the network.
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