Malawi Regulator Warns Against Sharing Non-Consensual Intimate Content Online
Under the Data Protection Act of 2024, processing personal data—defined to include collection, recording, storage, and publication—must be conducted on a lawful basis.
The Malawi Communications Regulatory Authority (MACRA) , functioning as the designated Data Protection Authority, has issued a public warning regarding the unlawful recording, publication, and sharing of intimate content without consent across social media and online platforms.
Under the Data Protection Act of 2024, processing personal data—defined to include collection, recording, storage, and publication—must be conducted on a lawful basis. The regulatory body highlighted that recording, uploading, forwarding, or reposting non-consensual intimate material constitutes a breach of this law, subjecting offenders to enforcement actions, including administrative fines of up to K20,000,000.00. Furthermore, under Section 49 of the Act, publishing or communicating such illegally obtained information can result in a fine of up to K20,000,000.00 and up to five years of imprisonment upon conviction.
In addition to data protection violations, MACRA reminded the public that distributing pornographic material through electronic systems is an offense under Section 85(2)(e) of the Electronic Transactions and Cyber Security Act, 2016. Individuals convicted under this statute face potential penalties of up to K10,000,000.00 and up to fifteen years in prison.
In the notice issued on August 18, 2026, signed by Director General Mayamiko Nkoloma, PhD, the Authority strongly urged anyone who has posted, shared, or forwarded such videos to immediately delete them from all platforms and respect the privacy and dignity of others.
