Legal and Policy Gaps Affecting Digital Rights in Malawi

Abstract

Digital rights are human rights in the digital era, specifically on the internet. Digital rights are becoming critical as people increasingly  spend a lot of time online, accessing different services and information that are key to human survival and well-being. Resolution 362 (on the Right to Freedom of Information and Expression on the Internet in Africa) of The African Commission on Human and Peoples’ Rights,  and resolution on the Promotion, Protection, and Enjoyment of Human Rights on the Internet of the United Nations Human Rights  Council affirmed that same rights that people enjoy offline must also be protected online. This paper assesses legal and policy gaps  affecting digital rights in Malawi, thereby making a critical contribution to scholarship in this area. In addition to the literature and policy  review of digital rights in Malawi, the study used a questionnaire as a data collection tool, targeting purposefully selected key informants  from Malawi’s telecommunication sector, media associations, NGOs, and telecommunication regulators to assess challenges affecting  digital rights in Malawi. The study found that achieving digital rights in the country remains a distant dream for most people due to the  expensive cost of the internet, insufficient telecommunication and electricity infrastructure, restrictive legal framework, and low digital  literacy. These factors make access to the ICTs and the internet inaccessible for most people, denying them access to and participation in  political, social, and economic activities enabled by digital platforms.