Digital Rights, Internet Accessibility and Affordability in Malawi – Part II

This article is second in three-part series focusing on digital rights, access to the Internet, and Internet affordability in Malawi. This part specifically looks access to the Internet,  what it is and what it entails

Access to the Internet

By definition, access means having an ability to connect to the Internet. Dhanaraj Thakur of Alliance for Affordable Internetobserves that access requires that people have the ability to connect physically – as in living in an area with Internet coverage – as well the resources to use the internet.To have access users, of the internet must have certaincomponents – among these an internet-enabled device, the cost for data and electricity for charging the device.

The costs of the Internet enabled device, the power needed to run the device and the Internet data all have costs that must be met by the would be Internet user. It is therefore, very possible that Internet may be available, meaning that the Internet coverage is there in a certain area but people in that area would still not have access to because it is beyond their financial means.

Thakur notices that one of the most significant barriers to accessible internet is the high cost of the internet. Malawi is no exception. While the number of people with access to the internet in the country has improved from 9.6% in 2016 to 13.1% in 2018, the number remains significantly low. The country has lowest internet access comparison with regional neighbours such as Zambia where those with access to the Internet are more than twice that of Malawi.

The Inclusive Internet Index 2018 report revealsthat out of the 86 countries assessed in the report, Malawi has an overall rank of 85^th in the world, only one position ahead of the worst ranked country, Democratic Republic of Congo. Malawi is ranked 83 out 86 on internet availability; the country is ranked 84 out of 86 in the world on internet affordability; and it is ranked 79 out of 86 on Relevant content.

Paradoxically, the report reveals that Malawi has performed relatively well on internet Readiness. Readiness “examines the capacity to access the internet, including skills, cultural acceptance, and supporting policy.” Under readiness, other issues measured are literacy—to assess the preparedness to use the Internet as well as trust and safety, this measures internet safety and cultural acceptance of the internet. It also measures policy, to assess the existence of national strategies that promote the safe and widespread use of the Internet.

The readiness ranking shows that Malawians are ready to embrace the Internet if the right environment is created for affordable access to the internet. It shows that the current low internet access rates in the country have nothing to do with Malawi’s cultural environment or users technical skills, but people have no access to the internet mainly due to contradictory policies as well failure by the government to implement conducive policies currently.

The policy and regulatory framework indicates that Internet in Malawi is treated as luxury even at the time when international community is waking up to the reality of the Internet as key to socioeconomic and national development. In fact, the aim of the Inclusive Internet Index is to “measure the extent to which the Internet is not only accessible and affordable, but also ‘relevant to all, allowing usage that enables positive social and economic outcomes at individual and group level.’”

Regulatory and policy framework is crucial in overcoming the problem of access. One key factor is building infrastructure and ensuring that average Malawians can afford devices and tools for internet connectivity, particularly in the rural areas where a huge majority of Malawians live but the areas are unattractive for investors and commercial service providers because people living in rural areas have less spending power.

Article 157 of Communications Act of 2016provides for Universal Services and Access to telecommunication. Article 158 (1) states: “The Universal Service Fund shall be used for purposes of implementation of universal service and universal access”. Article 158 (2) adds that is shall be done without prejudice to the generality of subsection (1), the proceeds of the Universal Service Fund shall be used to:

1. offer subsidies on a competitive basis to licensees in order to provide them with incentives to provide universal access in areas that are not economically viable or that are marginally viable without subsidies.

Article 156 (b) (d), and (f) respectively, gives mandate to Malawi’s telecommunication regulator, Malawi Communications Regulatory Authority (MACRA) to “set out the operations to be undertaken to ensure universal service”; “to define, plan and co-ordinate the implementation and monitoring of the universal access and universal service.” MACRA is also mandated “to ensure that the provision of universal services is made on affordable tariffs that are accessible to all.”

In conclusion, currently the Internet is priced beyond the reach of the majority of Malawians. The portion of the Malawian public that has access to the Internet often experience poor quality connections, that is Internet connections that are unreliable, sluggish, and sporadic. Implementing the provisions of Universal Service Fund would be a practical and good start in ensuring accessible internet in the country. There is also a need to draft and introduce a legal and policy framework, which clearly recognises that the internet is not a luxury but a necessity and emphasises the government’s duty to ensure that its citizens have affordable access to it.

The series of articles are made possible by support from the DW Akademie. For more information visit http://malawi.misa.org.

Digital Rights, Internet Accessibility, and Affordability in Malawi – Part I

22 years after the establishment of the country’s first Internet Service Provider (ISP), the country lags behind its regional neighbours in terms of the promotion and protection of digital rights mainly due to its legal and policy frameworks, which tend to treat the Internet as a luxury and therefore, a privilege of the few. This is despite the fact that the United Nations (UN) declared access to the Internet a human right in 2016. It is also becoming clear that the Internet influences the socioeconomic as well as political consequences of a country.

What are Digital Rights?

Digital rights enable and facilitate access to the Internet and all other forms of Internet based communications and tools. Conversations on digital rights in countries such as Malawi focus on issues around Internet affordability and availability of Internet coverage.

Digital rights are closely related to fundamental rights such as freedom of expression, access to information and privacy. This is because these rights enshrined in the United Nation’s 1948 Declaration for Human Rights now also find application online and are no longer restricted to the offline space. In other words, digital rights such as affordable Internet allow for the enjoyment of for example, the right to free expression online.

These freedoms are threatened online due lack of accessible Internet, Internet shutdowns, content removal, website blocking and filtering, among other ways. The issue of privacy has grown in importance in the recent years due to the increasing important of social media platforms in electoral processes; for example, the implication of Facebook and Cambridge Analytica in the last USA and Kenyan elections.

With increased penetration of ICT there has been increased mandatory data collection in places like Malawi through SIM Card registration as well biometrical data collection through national ID registration. These are happening in absence of any data protection laws. This means that people’s data could easily be exploit and this not only violates people’s rights to privacy but it also creates a chilling effect in that people may not be able to express themselves freely even in the comfort of their ‘privacy’.

The rights to freedom of expression are becoming more important, as we increasingly conduct ourselves online. Data protection is a crucial digital right, which ensures that users’ data is protected from commercial and political exploitation. It is important that Internet users understand the importance of digital rights so that they may demand such freedoms from their governments.

Malawi Context

Freedom of expression has emerged as one of the key issues online. In recent years, authoritarian leaders and states have resorted to Internet shutdowns and, most recently social network taxes in order to narrow the spectrum of acceptable opinion. So far, this has not been the case in Malawi, but the country needs to work on issues of privacy and protecting people’s data.

The Case Privacy and Personal Data Protection Law

Privacy is enshrined in article 21(1) of the Republican Constitution; while articles 72, 73, and 74 of Electronic Transaction and Cyber Security Act of 2016 provides for data protection.

Yet, close analysis shows that this is not enough. The country needs a specific data protection law, especially since there has been a rise in personal data collection on a massive scale. This includes mandatory SIM Card registration as well as biometric national identity cards registration, which are also a key to electoral voter registration. Similarly, national and multinational companies such as bank and telecommunication companies are also allowed to collect data of their own.

The importance of personal data and the risks associated with its manipulation are exemplified during the disputed 2016 elections in the USA. In that instance, it was believed that people’s personal data was used to influence the way people voted.

Government departments have Acts with stipulations on how to handle personal data, and most private institutions such as banks as telecommunication companies have data and privacy policies, but in the digital age, these measures are not enough and there remains a need for binding national laws. Malawi therefore, needs to introduce adequate data protection laws before embarking on mass collection of personal data – it cannot be the other way round.

It is encouraging that the Malawi government through the then Minister of Information and Technology Nicholas Dausi announced in 2018 hat the it would introduce Data Protection Act. The Minister said this is in response to the changing media and technological landscape. Government is encouraged to see these intentions through.

While doing a research on this issue, it became clear that the majority of Malawians do not fully understand the concept of privacy and the corresponding need to protect data from unjustified processing.

One reason why digital rights remain an abstract concept for locals is the language barrier. Digital rights concepts do not have the same meaning and connotations in local languages as they do in English. Privacy for example, privacy in one of Malawi’s main languages, Chichewa, could be translated as kuchita zinthu mchibisibisi, which roughly means doing things in secrecy.

It is important for local digital rights advocates and the media to come up with ways of discussing and explaining digital rights in ways that will be easy to understand for local community members. This education in digital rights cannot be done without the input and participation of the media. Such an educative and awareness raising campaign will ensure that the Malawi government or any other private entities do not take advantage of people’s lack of understanding on privacy and data protection laws.

This is article is the first of a three-part series that focuses on digital rights in Malawi. The series will discuss digital rights such as data privacy, access to the Internet, and Internet affordability. The series aim to show why it is important for all parts of Malawian society to get involved in the discussion and promotion of digital rights.

For more information visit http://malawi.misa.org. This project is made possible by support from the DW Akademie.