Communications Regulatory Authority (MACRA)
which included a call for review of broadcasting
license fees to be in Malawi kwacha and not the
United States dollar.

the right of access to information in the custody
of public bodies and relevant private bodies; the
processes and procedures related to obtaining
that information.”

MACRA promised to revisit the legal framework
and ensure a conducive environment for
broadcasters, the majority of whom are failing
to pay the fees and have accumulated arrears.

It is in effect an Act that enables the enjoyment
of Malawians’ constitutional right to “access
information held by the state or any of its
organs at any level of government insofar as
such information is required for the exercise of
his rights.”

New legislation

However, in 2023, access to relevant
information and overall implementation of the
Access to Information Act remained problematic
forcing
some
to
consider
government
pronouncements on ATI implementation mere
“lip-service,” observed MISA Malawi chairperson
Golden Matonga.

Ending the year on a positive note, on
December 7, the National Assembly passed the
Data Protection Bill (11), which seeks to provide
a regulatory framework for the processing and
transfer of personal data.

“There was no adequate funding for the
oversight institution, the Human Rights
Commission (HRC), to effectively perform its
functions as provided for in the Act. The Ministry
of Information and Digitalisation also delayed in
publishing names of information officers, doing
so on December 20, 2023, for the first time since
the Act was operationalised in September 2020.
All these developments are in direct contrast to
the frequent government assurances on access
to information, transparency and accountability,”
Matonga added.

MISA Malawi celebrated the passing of the Bill
as it should provide protection of information/
data for Malawians, including journalists and
their sources of information, from unwarranted
access.
Data protection is critical in promoting media
freedom and freedom of expression, key rights
that MISA Malawi and its sister organisations in
the region promote.

Access to information

In contrast to the years 2020, 2021, and the
first half of 2022, President Chakwera’s press
conferences stopped in 2023.

Malawi
operationalised
the
Access
to
Information Act in 2020 (12), which “provides for

This cessation marked a significant regression
in efforts to render the presidency accessible
and accountable to the citizens of Malawi.
This development occurred despite MISA
Malawi NGC’s interactions with the State House
press office and subsequent promises regarding
the continuation of these briefings.

Threats to shift to statutory
media regulation
A worrying development earlier this year, was
the decision of the Media Council of Malawi,
during its elective general assembly on January
12, 2024, at Crossroads Hotel in Lilongwe to
take up the idea of being legally constituted
through an act.
If this idea is taken up and acted upon, the MCM
will be established and will operate through an
Act of Parliament. According to the Council, the
move will strengthen its mandate and authority

Golden Matonga, MISA Malawi chairperson, says developments
are in direct contrast to the frequent government assurances on
access to information, transparency and accountability
STATE OF PRESS FREEDOM IN SOUTHERN AFRICA 2023

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