to free speech and media freedom. MISA
Malawi submitted a list of repressive
laws that require redress to relevant authorities including Parliament and State
House soon after President Banda had
asked Parliament to repeal laws that limit freedom of expression in Malawi, but
no action has been taken and the very
same laws continue to be cited and used
to instil fear and trepidation amongst
critics.

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Malawi does not have an enabling
legislation on ATI and people find it extremely difficult to access information.
Section 37 of the Malawi Constitution
clearly provides for the right of access
to information but this provision in itself
is not sufficient to ensure easy access as
several factors, including an unresponsive/willing public sector and illiteracy,
combine to limit the citizenry from enjoying this right.
To address this problem, MISA-Malawi has been pushing and lobbying for
legislation on ATI since 2003 to compel
those in authority to provide information. President Banda added impetus to
this process when she committed her
administration to ensuring that Malawi
has legislation on ATI during a meeting
she had with MISA and senior media
officials at Sanjika Palace in Blantyre in
June 2012. Her commitment is, however,
yet to bear fruits as the process is still
dragging casting doubt on whether her
assurance was mere rhetoric or government bureaucracy is trying to sabotage
her good intentions.

In a move most media practitioners
and some members of the public consider retrogressive for media freedom and
freedom of expression, the Joyce Banda
administration in October 2012 circulated a Bill, initially labelled E-Bill and later
entitled E-Transactions and Management Bill, to regulate and control online
communications in the country.
While the proposed law legitimately
aims to provide a legal framework for the
development of an information society
by regulating electronic transactions for
social and economic development, it oversteps the remit of regulating communications development by proposing to regulate communication. Media practitioners
contend that the Bill is a veiled attempt
to gag online voices through clauses that
demand that editors of online public communication services reveal their names,
domicile, telephone and registration numbers. Media practitioners also fault the
proposal to introduce government-appointed “cyber inspectors” who will have
the power to, among other duties, “monitor and inspect any website or activity
on an information system in the public
domain and report any unlawful activity to the [Regulatory] Authority.” Media
practitioners believe that this would make
them easy targets on a platform that has
offered consolation and space in otherwise hostile environments. With hindsight
the potential for online censorship is real,
especially coming at a time when the
nation as a whole was trying to forget
Mutharika’s autocratic leadership.



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