In Malawi, the Electronic Transactions and Cyber Security Act of 2016 has come into sharp focus, particularly with regards to online behavior. The law stipulates that individuals who share defamatory posts, even if they simply forward them as received, can be held liable as publishers. This shift in the legal landscape has significant implications for how Malawians interact online, particularly in WhatsApp groups and other social media platforms.
The Malawi Communications Regulatory Authority (Macra) and the police have increased their focus on digital enforcement, making it more challenging for individuals to hide behind anonymity. The use of burner SIM cards is no longer a reliable shield, as modern tracking tools can easily identify users. This development has led to a change in behavior among online commentators, who can no longer rely on a "forwarded as received" disclaimer to avoid accountability.
A landmark judgment in July 2025 by the Constitutional Court in Joshua Chisa Mbele v the Director of Public Prosecutions and the Attorney General had far-reaching implications for Malawi's cyber law landscape. The court ruled that Section 200 of the Penal Code, which dealt with criminal defamation, was invalid based on several core constitutional and international legal principles. This judgment effectively reclassified defamation as a strictly civil wrong, rather than a criminal offense.
Despite the Constitutional Court's judgment, state prosecutors have shifted their focus to the Electronic Transactions and Cyber Security Act of 2016. Online commentators now face severe statutory offenses, including cyber harassment under Section 86 and offensive communication under Section 87. These offenses carry steep fines and custodial sentences, making online behavior a potentially costly affair.
The price of gossip in Malawi is staggering, with high-profile cases seeing public figures and private individuals suing for tens of millions of kwachas over digital slurs. Civil defamation suits are on the rise, and individuals who engage in character assassination, cyberbullying, or doxxing can be held liable for damages. WhatsApp group administrators who fail to intervene in such activities can also be held accountable, effectively acting as the editor of a reckless, unregulated newspaper.
The implications of Malawi's new cyber law landscape extend beyond online behavior, with significant consequences for individuals and businesses. Stalking someone across Facebook profiles, instigating digital 'pile-ons', and orchestrating character assassinations are no longer viewed as harmless internet drama, but rather as digital crimes. Individuals must now be cautious when sharing information online, taking care to verify the accuracy of the information before sharing it.
As Malawi's digital highways become increasingly policed, individuals must adapt to the new reality. The next time a juicy voice note about a politician or neighbor is received, it is essential to ask whether the information can be proven true in a court of law. If not, it is best to let the chain break, rather than forwarding unverified information and risking liability for damages. Ultimately, 'forwarded as received' is no longer a disclaimer, but a confession.
Key points
- Individuals who share defamatory posts online can be held liable as publishers, even if they simply forward them as received.
- WhatsApp group administrators can be held accountable for failing to intervene in character assassination, cyberbullying, or doxxing.
- Civil defamation suits in Malawi are on the rise, with individuals and businesses suing for tens of millions of kwachas over digital slurs.
