The Malawi Communications Regulatory Authority (MACRA) is under fire from digital rights activists and civil society organizations over its plans to procure an integrated system to track misinformation and disinformation trends in the country. The move, which has sparked widespread concern, is seen as a potential threat to freedom of expression, access to information, and the right to privacy.
In a notice dated January 14, 2025, MACRA announced its intention to award a contract for the supply, delivery, installation, commissioning, and testing of a system designed to monitor and analyze misinformation and disinformation trends. The announcement has drawn sharp criticism from the Net Rights Coalition (NRC), a pan-African coalition of internet freedom activists, who argue that such a system could enable targeted mass communications surveillance.
In an open letter to MACRA's Director General, the NRC expressed deep concerns about the potential misuse of the proposed system. The coalition warned that the tool could be used to monitor individual and group social media accounts, classify target groups for digital surveillance, and infringe on the rights of human rights defenders, journalists, and other vulnerable groups.
The NRC emphasized that Malawi is a state party to the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples' Rights (ACHPR), which guarantee the protection of freedom of expression and access to information. The coalition also referenced the African Commission on Human and Peoples' Rights Declaration of Principles on Freedom of Expression and Access to Information, which prohibits states from engaging in indiscriminate and untargeted collection of communications.
The letter comes at a critical time, as Malawi prepares for presidential elections scheduled for September 16, 2025. The NRC urged MACRA to adopt a more progressive and rights-respecting approach to addressing misinformation and disinformation during the electoral period. The coalition called for collaboration with stakeholders such as the Malawi Electoral Commission, the Media Council of Malawi, and the Malawi Human Rights Commission to promote fact-checking, proactive disclosure of information, and public awareness campaigns.
The NRC also demanded greater transparency from MACRA regarding the scope of the contract, the selection process for the bidder, and the extent of the surveillance tools. The coalition called for judicial oversight and human rights impact assessments to ensure that the procurement and use of such tools comply with international human rights standards.
In addition, the NRC urged MACRA to refrain from issuing broad notices that could lead to internet shutdowns during the upcoming elections, emphasizing the importance of protecting human rights and ensuring free and fair elections.
The open letter was signed by 15 organizations, including Accountability Lab Nigeria, the African Internet Rights Alliance, the Centre for Human Rights and Rehabilitation in Malawi, and the Media Council of Malawi. These groups have called on MACRA to engage with stakeholders, conduct human rights impact assessments, and prioritize awareness campaigns to address misinformation and disinformation without resorting to mass surveillance.
As the debate over the proposed system intensifies, Malawians are left wondering whether the government's efforts to combat misinformation will come at the cost of their fundamental rights. The NRC's letter serves as a stark reminder of the delicate balance between security and freedom in the digital age.