Thursday, 03 April 2025: Three human rights organisations—Paradigm Initiative (PIN), Youth and Society (YAS), and the Centre for Human Rights and Rehabilitation (CHRR)—have expressed concerns over the current digital rights environment in Malawi ahead of the upcoming General Elections on 16 September 2025.

The organisations, which advocate for digital rights and inclusion in Africa and Malawi, highlighted that the elections are taking place amid the restrictive application of criminal defamation laws, such as Section 200 of the Penal Code of Malawi, which poses a threat to freedom of expression and access to information. International standards, including Principle 22 of the African Commission on Human and Peoples’ Rights (ACHPR) Declaration of Principles on Freedom of Expression and Access to Information, urge States to reform criminal defamation laws in favor of civil remedies.

The organisations further noted troubling instances of arrests of journalists and citizens for articles published and posts made online. “We note the most recent case of Julius Mithi, who was arrested after a post he made online regarding the voter registration database. The ACHPR Declaration, which elaborates on freedom of expression and access to information under Article 9 of the African Charter on Human and Peoples’ Rights—to which Malawi is a State Party—emphasises the need for States to guarantee the safety of journalists,” they stated.

They are also concerned about the Malawi Communications Regulatory Authority’s (MACRA) reported procurement of a misinformation and disinformation tracking or monitoring tool, following an announcement made by MACRA on 14 January 2025. The decision to procure surveillance technologies without safeguards such as judicial oversight, disclosure of the tool’s capabilities, and engagement with relevant stakeholders is particularly concerning as Malawi heads to elections.

PIN, CHRR, and YAS further highlight the importance of multi-stakeholder engagements during elections to address misinformation and disinformation and promote a safe, enabling online environment. In this regard, they are urging the government to facilitate engagements with all relevant government agencies and stakeholders, such as the Malawi Electoral Commission (MEC), the Media Council of Malawi (MCM), and the Malawi Human Rights Commission (MHRC), to critically tackle information disorders during this election season. “We believe this is a more sustainable way of addressing misinformation and disinformation than targeted mass communication surveillance approaches, which violate human rights.”

They further remind the government, in this election cycle, of the ACHPR Guidelines on Access to Information and Elections in Africa, which promote proactive disclosure of information by key stakeholders such as: Government Agencies, Election Management Bodies, Political Parties and Candidates, Law Enforcement Agencies, Election Observers and Monitors and Civil Society Organisations. The role of access to information is critical to the attainment of a free and fair election in this regard. 

“We also urge the government to be guided by Article 17(3) of the African Charter on Democracy, Elections, and Governance (ACDEG), which calls for fair and equitable access for contesting parties and candidates to state-controlled media during elections. To this end, we call for the conduct of elections that align with best practices for an enabling environment for all to vote.”

In terms of Article 31(2) of the ACDEG, State Parties shall ensure systematic and comprehensive civic education to encourage full participation in democracy and development processes. With elections increasingly conducted using modern technology, such as biometric voter registration systems, it is essential that people with disabilities and underserved communities are digitally included to enhance their participation in electoral processes.

In view of these concerns, we call for the following:

The Government 

• To keep the internet open and accessible during elections.  
• To sensitise the electorate on the role of fact-checking. 
• To enable an environment where the media can perform their mandate offline and online without fear of arbitrary arrests or seizure of digital tools.
• To proactively disclose critical information to inform the electorate adequately in relation to the electoral process. 

The Malawi Human Rights Commission

• To monitor digital rights during elections and calling on the government to ensure that they are promoted and protected. 
• To raise awareness, collaborating with civil society actors in sensitising the electorate on responsible use of the internet during elections. 

The Telecommunications Companies in Malawi

• To ensure enabled internet access during elections and transparency on responses to government requests relating to content or internet access.