Net Rights Coalition (NRC), a pan-African coalition of Internet freedom activists has penned the Malawi Communications Regulatory Authority (MACRA) over its intention to procure Integrated System to Track Misinformation and Disinformation Trends in Malawi.
According to a letter dated January 27 2025 and addressed to MACRA director general Daud Suleman, NRC said the move to procure surveillance technologies targeting the mapping of misinformation and disinformation trends implies targeted mass communications surveillance, a threat to freedom of expression, access to information and the right to privacy.
“Such a tool would potentially seek, among others, to monitor individual and group social media accounts as well classifying target groups for ease of digital surveillance such as human rights defenders and the media.
“As a coalition of actors promoting internet freedom and online privacy, we highlight that the move to procure surveillance-enabling technologies for tracking misinformation and disinformation, poses a threat to freedom of expression, and access to information. While we condemn misinformation and disinformation, we are wary of the procurement. of tools that enable targeted mass communications surveillance.
“We remind MACRA 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 in Articles 19 and 9 respectively,” reads part of the letter
Further, the network said that since the notice comes at a time where Malawi is heading to the presidential elections on 16. September 2025, MACRA need to engage with all relevant government agencies and stakeholders such as the Malawi Electoral Commission, the Media Council of Malawi and the Malawi Human Rights Commission for a more progressive rights-respecting approach to addressing misinformation and disinformation during elections, without resorting to targeted mass communications surveillance.
“Such measures include collaborating with civil society actors to sensitise the electorate on information disorders, proactively disclosing information to quell information disorders and promoting fact-checking.
“We further call for more transparency from MACRA on the scope of the contract, the identified bidder selection considerations, extent of the surveillance tools, whether there has been judicial oversight over procurement of such targeted surveillance tools specific to communications and if there were human rights impact assessments carried out. In addition, there is a need for engagement of stakeholders to consult on the need for such a measure and to address concerns.
“We are cognisant of the peculiar mandate of MACRA over multiple functions including the regulations of the telecommunications sector, oversight over data protection and also oversight over the Electronic Transactions and Cyber Security Act, 2016 a task that requires extreme care to avoid conflict in balancing the need to curb cyber crimes but also ensuring that privacy and other human rights are protected,” reads the letter in part
NRC has also called on MACRA to refrain from procuring targeted mass communications surveillance tools against international human rights standards without judicial oversight and due diligence and engage critical stakeholders on the challenges they seek to address and undertake a human rights impact assessment of the human rights impacts of procuring such services listed in the procurement notice.
“Facilitate awareness campaigns in collaboration with key stakeholders to address misinformation and disinformation.Collaborate with key stakeholders and civil society actors to address challenges faced.
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“Openly give assurances that MACRA will not issue any broad notices calling on internet shutdowns in the upcoming elections, as a commitment to human rights,” reads the letter
The letter has been signed by various NRC members such as Accountability Lab Nigeria, African Internet Rights Alliance, Bloggers of Zambia BloggersZM, Camer Today, Centre for Human Rights and Rehabilitation – Malawi, Digicivic Initiative, Digital Rights Coalition – Malawi, Human Rights Journalists Network and Koneta Hub-South Sudan.
Others are Knowledge House (KHA), Media Council of Malawi, Paradigm Initiative, Tech & Media Convergency (TMC), West African Digital Rights Defenders Coalition and Youth and Society – Malawi.
