developments show the urgent need for the Minister responsible to set a date for the law to become effective. Section 37 of the Malawi Constitution clearly provides for the right of access to information. The provision is however not sufficient to ensure easy access as several factors, including an unresponsive/willing public sector and high levels of illiteracy amidst other issues combine to limit the citizenry from enjoying this right.Implementation of the ATI Act will help address some of these shortfalls as it, among others, calls for civic education and proactive disclosure on the part of information holders. The law also sets clear penalties for failure to comply with its provisions. FREEDOM OF EXPRESSION ONLINE Unfortunately, in 2017, government proceeded to implement the Electronic Transactions and Cyber Security Act (2016), despite concerns from MISA and other stakeholders that the new legislation has broad provisions that can be abused to limit Constitutional guarantees on media freedom and freedom of expression. One of the controversial parts of the legislation concerns control of online expression. The law provides government with a tool to police and restrict online communication with broad provisions open to abuse. MISA Malawi has been critical of the new legislation and tried to engage the National Assembly to revisit the provisions but failed. The Act provides that online communication may be restricted in order to “promote human dignity and pluralism in the expression of thoughts and opinions”, “protect public order and national security”, “facilitate technical restrictions” and “enhance compliance 58 So This is Democracy? 2017 with the requirements of any other written law.” MISA Malawi believes that these clauses are broad and fail to provide a clear framework of what amounts to human dignity, public order and national security or technical restrictions. In addition, the wording “enhance compliance with the requirements of any other written law” complicates matters as the country has maintained several colonial laws that criminalize free speech and contradict Constitutional provisions on media freedom and freedom of expression. LOOKING FORWARD TO 2018 The developments in the Malawi media in 2017 can only be looked at as milestones in the development of a mature media democracy. The media showed resilience in troubled times and continued to undertake their noble task of informing Malawians and holding those in power accountable. The media continue to actively participate in nation building even under hostile political and economic strangulation. The advocacy and resolve to defend media freedom are clearly influencing development of positive policy reforms evident in the enactment of the access to information legislation and review of the Communications Act. Deliberate attempts to strangle the media, delay in implementation of the Access to Information Act, impunity of the ruling elite, existence of old and new draconian laws and low media penetration in the country, remain major challenges, which require strategic planning and persistent monitoring in 2018.