Malawi Regulator Warns Public Against Sharing Intimate Videos

LILONGWE, Malawi — The Malawi Communications Regulatory Authority has warned the public against recording, publishing, sharing or disseminating intimate videos involving identifiable individuals without lawful authority or consent, writes Steria Manda.

The warning follows the circulation of videos on social media and other online platforms allegedly depicting individuals engaged in intimate acts without their consent.

In a public notice dated Aug. 18 and signed by Director General Mayamiko Nkoloma, MACRA said such activities may constitute unlawful processing of personal data under the Data Protection Act, 2024, which protects individuals’ privacy and personal information.

The authority said the Act broadly defines processing to include the collection, recording, storage and publication of personal data.

“Recording, publication, sharing or otherwise dissemination of intimate content depicting an identifiable individual constitutes processing of personal data,” MACRA said.

The regulator said such processing must have a lawful basis and comply with requirements under the Data Protection Act.

MACRA warned that people could face enforcement action for recording intimate content involving another person without a lawful basis, publishing or uploading it online, or forwarding, sharing, reposting or otherwise disseminating such material.

Violations of the Data Protection Act may attract administrative penalties of up to 20 million kwacha, according to the notice.

MACRA also cited Section 49 of the Act, which provides that a person who knowingly possesses information obtained in contravention of the law and publishes or communicates it without lawful authority commits an offence.

Upon conviction, the offender may face a fine of up to 20 million kwacha and imprisonment for up to five years.

The authority further cited Section 85(2)(e) of the Electronic Transactions and Cyber Security Act, 2016, which makes it an offence to distribute pornographic material through an information system, including electronic and online platforms.

A person convicted under that provision may face a fine of up to 10 million kwacha and imprisonment for up to 15 years, MACRA said.

The regulator has urged anyone who has posted, uploaded, shared, forwarded or otherwise disseminated the videos to immediately remove them from all platforms and stop further distribution.

MACRA also called on the public to respect the privacy, dignity and personal data of others, emphasizing the need for responsible conduct in Malawi’s digital environment.

The authority said protecting individual privacy and dignity is a shared responsibility as the use of digital platforms continues to expand.