Malawi Communications Regulatory Authority (Macra) has said it is reviewing the Electronic Transactions and Cyber Security Act after observing gaps related to consumer protection.
The authority has, among other things, noted that some of the penalties provided for are not stiff enough and that Macra was given a lot of tasks that border on investigations and prosecution when it does not possess such skills.
Macra Deputy Director responsible for Consumer Affairs, Kelious Mlenga, said this in Mzuzu City Thursday on the sidelines of commemorations marking World Consumer Rights Day.
Mlenga said the review is also aimed at aligning the law to international regulations and organisations such as the European Union Council’s Budapest Convention on Cybercrimes, considering that cybercrimes know no borders.
“We noted that the offences were not clearly captured and were difficult to implement. We also noted that, on the mandates for implementation, cybercrimes also need investigations by the police but, as we are speaking, the Electronic Transactions and Cyber Security Act gives Macra the mandate to implement [provisions of] the Act but Macra does not have prosecution powers,” he said.
- Advertisement -
Further, Mlenga said the review also aims at dissecting the act into standalone laws which will include cyber security, cybercrimes, electronic transactions and e-commerce.
The engagement on consumer rights focused on consumers of ICT services and attracted representatives from Consumers Association of Malawi (Cama), social media influencers, Competition and Fair Trading Commission (CFTC), rights groups and tertiary education students.
Commenting on the engagement, Cama Administrator Indota Mpatama observed that terms and conditions for ICT services are not clearly stipulated and that, in many cases, the language is not easy to understand for common Malawians.
Mpatama also faulted the legal framework for failing to provide for penalties on companies that fail to sufficiently display their terms and conditions.
- Advertisement -
- Advertisement -
Reacting to this, Wonderful Jere, who is the competition and consumer analyst at CFTC, acknowledged that laws are archaic.
Jere then said the Competition and Fair Trading Commission Act is undergoing review.
The engagement was held under the theme ‘Fair and Reasonable Terms and Conditions of ICT Services’.
