Malawi MPs send back electronic transaction bill to House committees: To regulate online content

Legislators on Wednesday sent back a comprehensive Electronic Transaction Bill, that would fight cyber crime, regulate electronic money transactions and regulate online publications, among others if passed into law.

 Members of parliament want further input in the bill

Members of parliament want further input in the bill

Most MPs praised the government for the Bill which they said is very comprehensive but needed technical input from the Media and Communications committee, the Budget and Finance committee and Legal committee.

The members of parliament also advised the government to consult and seek input from experts like computer experts, media experts and others.

If passed, for instance online publication Nyasa Times and its editor and other online editors would be compelled to register so that they take responsibility for defamation and character assassination cases.

Some members of parliament also said the regulated online publications would now attract massive advertisements as is the case with traditional newspapers as they will now have legal framework which is lacking now.

One legislator explicitly singled out Nyasa Times during the debate of the bill, saying although it has accurate and factual editorial content, comments under stories are always defamatory and the injured party would now be able to take action.

Under the Electronic Transactions Bill, the DPP led government is seeking to crack down on content of the internet including social media platforms such as Facebook, Instragram and Twitter.

The Bill seeks to tighten control of bloggers, online media, especially news websites, by making online news editors and social media commentators of such content liable for any publications which might threaten public order and national security.

But the Bill has not specified what the meaning of “public order and national security” as well as “facilitate technical restriction to conditional access to online communication” when it comes to transmission of online public information.

There are fears that in a bid to “protect public order and security” as stated in Section 28 (1) (e), government could shut down online social media platforms such as Facebook, Instragram and Twitter using such legislation.

The bill also seeks to employ cyber inspectors, among others to check cyber crime and protect children from pornography and unnecessary stocking.

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15 thoughts on “Malawi MPs send back electronic transaction bill to House committees: To regulate online content”

  1. Oliver Twist says:

    Are we going back to Kamuzu days??? Don’t pretend to be clever, we are watching you. This is your last allowance to eat in parliament. We did not put you in parliament to seat PHWIIIIIIIIi and cast RACIST remarks and claim that you are HOUNARABLE!!! Everything, you are just copping. How many Bills are you going to pass before you come and hounor your promises that you lied to us in the constituencies????? We will also pass our Bill as Voters to remove or recall you anytime deemed unsuccessfull to us from the Constituencies.

  2. Kumpwepe says:

    Ref. No. C 169/E/VI
    Ministry of Justice
    Draft: Electronic Transactions Bill, 2015(Cabinet)
    (Subject to change)
    Author: Kelious Mlenga
    30 January, 2015

    ELECTRONIC TRANSACTIONS BILL, 2015

    MEMORANDUM

    This Bill seeks to provide a legal framework which will enable the development of the information society in Malawi within a legal framework. The existent framework does not provide economic actors and citizens with a secure and reliable legal environment in spite of their vital importance to the development of electronic transactions. The Bill complements the Communications Act (Cap 68:01 of the laws of Malawi) in regulating the information and communication technology (“ICT”) sector.

    The Bill takes into account the limited scope of the application of the Communications Act. The Communications Act is limited to the promotion of use of ICT in provision of services. For example, the Act does not provide for recognition of electronic signatures, protection of online users, authenticity of electronic documents and admissibility of electronic evidence, to name a few.

    These legal gaps need to be filled through the development of a legislation which recognizes all ICT processes and transactions. The Bill is intended to address the existing gaps by providing the same protective legal infrastructure that exists for paper-based transactions.
    In addition, the Bill will align Malawian electronic transactions legal regime with the relevant international regulatory framework and best practices on electronic transactions and commerce. For instance, some provisions of the Bill have been modeled on the provisions of the United Nations Commission for International Trade Law (UNCITRAL) Model Law on Electronic Commerce, 1996, which Malawi is yet to adopt. In the light of globalization, and its attendant need for countries to increase their competitiveness at the global market, coupled with the quest to combat issues of cybercrime, the Bill is vital for creating a legal framework that is conducive for integrating Malawi into the global political economy.

    The Bill is divided into eleven Parts as follows-
    Part I contains the short title of the Bill and a number of definitions of words and expressions that have been used throughout the Bill, objectives of the Bill, and the principles to govern the implementation of the Bill.
    Part II contains administration aspects of the Bill. The Part establishes the Department of E-Governmenat which shall be led by the Secretary for E-Government. The Department shall be responsible for coordinating human and institutional development for the promotion of ICT development and utilization and coordination of all national information and communication technology programmes, to ensure their alignment with national priorities, as well as development of ICT standards in Malawi. The Part also provides for source of funds for the Department, how the funds shall be managed and obliges the Department to submit to the Minister its financial statements and the Minister shall eventually report to the National Assemmbly. The Part finally establishes the Malawi Computer Emergency Response Team (Malawi CERT), which shall spearhead the coordination in responding to ICT security threats. The establishment of the Malawi CERT, which will be under Network Infrastructure in the Department of E-Government, is regarded as one of the means for combating cyber criminality. To this extent, Malawi CERT complements the enforcement measures in Part X of the Bill.

    Part III provides for validity of electronic transactions and aspects governing the formation of electronic agreements.

    Part IV provides for liability of online intermediaries and online content editors as well as protection of online users. Particularly, this Part sets limitations to freedom of online communication if it is pornographic, incites racial hatred, xenophobia or violence, has the effect of apologizing for crimes against humanity, and threatens public order and national security, among other grounds. It further sets out obligations and liabilities of online service providers, and obligations of editors of online content.

    Part V regulates various facets of electronic commerce, such as consumer protection, online advertising of electronic commerce operations, and the interface between electronic transactions, on the one hand, and financial and banking sector, on the other hand.

    Part VI of the Bill deals with security in digital economy by, among other means stipulating the circumstances in which security of a digital signature may be presumed, liability for using digital unreliable signatures, and requirements to publish digital signature certificate. Crucial in this Part of the Bill is the power conferred on the Malawi Communications Regulatory Authority (MACRA) to appoint a person who shall be a certification authority, whose role, shall among others, be to issue digital signature certificates, suspend a digital signature certificate, and revoke a digital signature certificate. The Part also provides for appointment of cyber inspectors who shall be crucial in combating cybercrimes, which is currently a challenge attendant to modern technology both at domestic and global level.

    Part VII contains provisions for data protection and privacy. It sets the standards for processing personal data, stipulating the several rights of data subjects, such as the right to obtain from a data controller various communication forms and confirmations without constraint or unreasonable delay. This Part also provides for the need to ensure accuracy and completeness of information which a data controller shall provide to data subjects. The Part lastly places various security obligations on data controllers in order to protect personal data from accidental or unlawful destruction of accidental loss.

    Part VIII provides for domain name and management thereof. It, among other things, provides for the appointment of the Registrar of domain names, and outlines various mandates of the Registrar in regulation of domain names. Dispute resolution, by way of arbitration, is prescribed as well under this Part of the Bill.

    Part IX provides for E-Government transactions to be promoted in line with internationally recognized best practices. To this extent, this Part of the Bill is the justification for aligning the provisions of the Bill as well as its implementation to various international legal instruments insofar as they are relevant to addressing the needs of Malawi.

    Part X contains provisions in relations to offences and the enforcement process. These include, provisions related to issuance of a search warrant by a court, prohibition of unauthorized access to, interception of, and interference with, electronic data. It also contains prohibition of child pornography, cyber harassment, offensive communication, cyber stalking and hacking and introduction of viruses, denial of service from legitimate users, spamming, illegal trade and commerce, as well as liability for committing inchoate offences and liability for being an accessory, in the use of online communication.

    . Part XI contains general provisions such as the mandate of MACRA’s power to impose intermediary services providers’ levy. In addition, the Part also obligates certain group of persons to development of codes of conduct, provides for prevalence of the proposed laws on matters of electronic transactions, in the event of inconsistency with any other written law, general offences and penalties, administrative penalties, and mandates the Minister to make regulations. This Part finally, provides for transitional provision.

    ARRANGEMENT OF SECTIONS

    PART I—PRELIMINARY PROVISIONS

    1. Short title and commencement
    2. Interpretation
    3. Objective of the Act
    4. Principles
    5. Implementation of this Act

    PART II—ADMINISTRATION

    6. Establishment of post of Secretary for E-Government
    7. Establishment of Department of E- Government
    8. Funds of the Department
    9. Management and auditing of funds for the Department
    10. Establishment of the Malawi CERT

    PART III— FORMATION AND VALIDITY OF ELECTRONIC TRANSACTIONS

    11. Recognition of electronic writing
    12. Electronic signature
    13. Equal treatment of digital signatures
    14. Conduct of a person relying on a digital signature
    15. Bearing legal consequences of relying on electronic signature
    16. Recognition of digital signature certificates and digital signatures
    17. Notarization, acknowledgement and certification
    18. Other requirements
    19. Determination of originality of an electronic message
    20. Admissibility and evidential weight of electronic messages
    21. Storage of electronic messages
    22. Secure electronic record
    2. Validity of a contract executed in electronic form
    24. Time and place of dispatch and receipt of an electronic message
    25. Offer and acceptance
    26. Attribution of electronic messages to sender
    27. Acknowledgement of receipt of an electronic message

    PART IV— LIABILITY OF ONLINE INTERMEDIARIES AND CONTENT EDITORSAND PROTECTION OF ONLINE USERS

    28. Freedom of communication and its limitations
    29. Liability of an intermediary service provider
    30. Liability for being a conduit
    31. Liability for caching services
    32. Liability for the supply of hosting services
    33. Saving of data
    34. Takedown notification
    35. Online content editors
    36. Right to reply

    PART V— ELECTRONIC COMMERCE

    37. Information to be provided by supplier
    38. Formation of electronic contracts with consumers
    39. Cooling off period
    40. Performance of an electronic transaction
    41. Default in contract performance
    42. Review and cancellation of contract by a consumer
    43. Cancellation of payment
    44. Prohibition of misleading advertising
    45. Identification of advertisement content
    46. Unsolicited communication
    47. Scope of application of financial provisions
    48. Identity of a provider of financial or banking services
    49. Right of withdrawal from a contract

    PART VI— SECURITY IN DIGITAL ECONOMY

    50. Use, supply, transfer, etc.
    51. Presumptions regarding digital signature certificates
    52. Unreliable digital signatures
    53. Reliance on digital signature and certificate
    54. Requirements to publish digital signature certificate
    55. The Authority to appoint a certification authority
    56. Trustworthy system
    57. Disclosure
    58. Issuing a digital signature certificate
    59. Representations upon issuance of a digital signature certificate
    60. Suspension of a digital signature certificate
    62. Revocation of a digital signature certificate

    63. Revocation without a subscriber’s consent
    64. Notice of suspension of digital signature certificate
    65. Notification of revocation of a digital signature certificate
    66. Generating a key pair
    67. Accurate and complete representations

    68. Acceptance of a digital signature certificate
    69. Control of a private key
    70. Requesting for suspension or revocation
    71. Provision of encryption services

    72. Administrative sanctions
    73. Appointment of cyber inspectors
    74. Powers and functions of a cyber inspector

    PART VII— DATA PROTECTION AND PRIVACY

    75. Processing of personal data
    76. Rights of a data subject
    77. Accuracy and completeness of information
    78. Security obligations

    PART VIII— DOMAIN NAME AND MANAGEMENT

    79. Appointment of the Registrar of domain names
    80. Functions of the Registrar
    81. Recommendations relating to domain names
    82. Offence of administering domain name without authority
    83. Dispute resolution concerning domain names

    PART IX—ELECTRONIC-GOVERNMENT TRANSACTIONS
    84. Requirement of electronic filing and issuing of documents
    85. Specific guidelines to public bodies
    86. Implementation of e-government

    PART X—OFFENCES
    87. Search warrant
    88. Unauthorized access, interception or interference with data
    89. Child pornography
    90. Prohibition of cyber harassment
    91. Prohibition of offensive communication
    92. Prohibition of cyber stalking
    93. Prohibition of hacking, cracking and introduction of viruses
    94. Unlawfully disabling a computer system
    95. Prohibition of spamming
    96. Prohibition of illegal trade and commerce
    97. Attempting, aiding and abetting crimes
    98. Offences committed by legal persons
    99. General offence and penalty

    PART XI—GENERAL PROVISIONS

    100. Lodging of complaints to the Authority
    101. Public education programmes
    102. Intermediary services providers’ levy
    103. Codes of conduct
    104. Act to prevail in case of inconsistency
    105. Administrative penalties
    106. Regulations
    107. Exemption orders
    108. Transitional provision

    A BILL

    entitled

    An Act to make provision for electronic transactions; for the establishment and functions of the Department of E-Government and Malawi Computer Emergency Response Team; and for matters connected therewith and incidental thereto.

    ENACTED by the Parliament of Malawi as follows–

    PART I – PRELIMINARY

    1. This Act may be cited as the Electronic Transactions Act, 2015, and shall come into operation on such date as the Minister may appoint, by notice published in the Gazette.
    2. In this Act, unless the context otherwise requires–

    “Authority” means the Malawi Communications Regulatory Authority established under section 3 of the Communications Act;

    “certification authority” means a trusted third party organization or company licensed or authorized by the Authority to issue digital certificates used to create digital signatures and public-private key pairs;

    “child pornography” means material that visually depicts images of –

    (a) a person under the age of eighteen engaged in sexually suggestive or explicit conduct; or

    (b) realistic images representing a person under the age of eighteen engaged in sexually suggestive or explicit conduct;

    “comparative advertising” means any advertising which explicitly or impliedly identifies a competitor, or goods or services offered by a competitor;

    “computer system” means a device or a group of interconnected or related devices, one or more of which performs automatic processing of data pursuant to a program,;

    “consumer” means any person who enters or intends to enter into a contract by electronic means with a supplier as the end-user of the goods or services offered by the supplier and acts, for that purpose, outside his trade, business or profession;

    “cyber inspector” means a person appointed as such under section 72;

    “data controller” means a person who, acting either alone or in common with other persons, determines the purpose for which, and the manner in which, any personal data is processed, or is to be processed and thus, controls and is responsible for the keeping and using of personal data, and the term includes a person who collects, processes or stores personal data;

    “data subject” means a person from whom data relating to that person is collected, processed or stored by a data controller;

    “digital signature” means an electronic signature consisting of a transformation of an electronic message using an asymmetric crypto system and a hash function such that a person having the initial and transformed electronic message and the signatory’s public key can accurately determine-

    (a) whether the transformation was created using the private key that corresponds with the signatory’s public key; and

    (b) whether the initial electronic message is as it was after the transformation was made;

    “digital signature certificate” means a record which is issued by the Authority for the purpose of supporting a digital signature;

    “distance contract” means any contract concluded between a supplier and a consumer under an organized remote sales or service-provision scheme run by the supplier, who, for the purpose of that contract, makes exclusive use of one or more electronic means up to and including the time at which the contract is concluded;

    “domain name” means a unique name that identifies an internet resource such as website;

    “e-government service” means a public service provided by electronic means;

    “electronic commerce” means any economic activity provided by electronic means, including remote services and products, particularly services that consist of providing online information, commercial communications, research tools, or access to, or downloading of, online data, access to a communication network or the hosting of information;

    “electronic message” means any communication created, sent, received or stored by electronic communication means, such as computerized data exchange system, electronic mail system and instant messaging;

    “electronic record” means a record created, generated, sent, communicated, received and maintained by electronic means;

    “electronic signature” means data attached to, incorporated in, or logically associated with, other data and which is intended by the user to serve as a signature;

    “encryption” means a method of transforming signals or messages in a systematic way so that the signal would be unintelligible without a suitable receiving apparatus;

    “financial services” has the meaning ascribed to the term under section 2 of the Financial Services Act, 2010;

    “financial services law” has the meaning ascribed to the term under section 2 of the Financial Services Act, 2010;

    “information system” means a system for generating, sending, receiving, storing, displaying or otherwise processing electronic messages, including internet;

    “intermediary service provider” means any person or entity that provides electronic communications services consisting of the provision of access to communications networks, storage, hosting or transmission of information through communication networks;

    “internet” means the interconnected system of networks that connects computers around the world using Transmission Control Protocol/Internet Protocol (TCP/IP) or other protocols, and includes future versions thereof;

    “Internet Service Provider (ISP)” means a company that provides access to the internet and other related services such as website building and virtual hosting to individuals or other companies;

    “key” means a piece of information that determines the functional output of a cryptographic algorithm; 

    “key pair” means a pair of keys used for cryptography;

    “Malawi CERT” means the Malawi Computer Emergency Response Team established under section11;

    “misleading advertising” means any advertising which in any way, including its presentation, deceives or is likely to deceive a person to whom it is addressed or whom it reaches and which, by reason of its deceptive nature, is likely to affect his economic behaviour or which, for those reasons, injures or is likely to injure a competitor’s economic or business interests;

    “online public communication” means any transmission of digital data, signs, signals, texts, images, sounds or messages, of whatever nature, that are not private correspondence, by electronic communication means that enable a reciprocal exchange of information between an issuer and a receiver;

    “opt-in” means a system where a consumer gives consent to an electronic communication service provider to receive any other communication;

    “open standard” means any protocol for communication, interconnection or exchange and any format of interoperable data whose technical specifications are public and the access or use thereto is not restricted;

    “personal data” means any information relating to an individual who-

    (a) may be directly identified; or

    (b) if not directly identified, may be identifiable by reference to an identification number or one or several elements related to his physical, physiological, genetic, psychological, cultural, social, or economic identity;

    “place of business” means a place where a person has established, in a stable and lasting way, his activity whatever it is, and as regards a legal person, the place where its registered office is located or where it has its principal activity;

    “pornography” means material that visually depicts images of a person engaged in sexually suggestive or explicit conduct;

    “processing of data” means any operation or set of operations which is performed upon data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

    “public key” means a key rendered public by a user of cryptographic means;

    “recipient” means a person to whom a sender intends to send an electronic communication, but does not include an intermediary for that communication;

    “record” means recorded information, in any form, including data in computer systems, created or received and maintained by a public body in the course of official duties and kept as evidence of such activity;

    “record keeping” means making and maintaining a complete, accurate and reliable evidence of official formalities in the form of recorded information;

    “Registrar” means an entity designated by the Authority to manage and maintain the reservation of domain names and domain name repository;

    “repository” means a central place where domain names are kept and maintained in an organized way;

    “sender” means a person by whom, in whose name, or on whose behalf an electronic communication is sent or created before being stored, where necessary, but does not include an intermediary for that communication; 

    “signatory” means a person who holds a digital signature creation device and acts either on his own behalf or on behalf of a person he represents;

    “subscriber” means a person that pays to receive internet services;

    “Transmission Control Protocol/Internet Protocol (TCP/IP)” means a system of digital rules for data exchange within or between computers; and

    “virus” means a malicious program or script that negatively affects the functioning of a computer by creating files, moving files, erasing files or consuming computer memory, causing the computer not to function properly.

    3. The objectives of this Act are—

    (a) to set up a responsive information and communication technology legal framework that shall facilitate competition, development of information and communication technology and the participation of Malawi in the information age and economy and in particular-

    (i) to ensure that the development, deployment and exploitation of information and communication technology within the economy and society and related legal provisions shall balance as well as protect community and individual interests, including privacy and data protection issues;

    (ii) to address ethical issues in the use of information and communication technology in order to protect the rights of children and the under-privileged;

    (iii) in liaison with the Malawi Revenue Authority, to create a legal framework for favourable tax policies that promote information and communication technology products and services that originate from within Malawi; and

    (iv) to provide a responsive and efficient regulatory environment, promote economic subsectors, asset accumulation and tax activities that arise from the use of information and communication technology;

    (b) to ensure that information and communication technology users are protected from undesirable impacts of information and communication technology, including the spread of pornographic material, cyber-crime and digital fraud; and

    (c) to put in place mechanisms that safeguard information and communication technology users from fraud, breach of privacy, misuse of information and immoral behaviour brought by the use of information and communication technology.

    4. The following principles shall, at all times, be adhered to in the implementation and application of this Act–

    (a) e-transactions shall benefit from a secure legal framework that recognizes the legal value of electronic transactions and electronic documents;

    (b) freedom of communication over electronic networks shall be promoted, with the exception of specific reasons as provided for in this Act;

    (c) there shall be clear and fair specification of responsibilities of intermediaries and editors; and

    (d) consumer’s rights shall be respected, protected and upheld.

    5. Unless otherwise provided in this Act, the Authority shall be responsible for the implementation of this Act.

    PART II-ADMINISTRATION

    6. There shall be established the post of Secretary for E-Government who shall be a public officer and shall be responsible for administering this Act.

    7. (1) There is hereby established a department of the Government to be known as the Department of E-Government, to be headed by the Secretary for E- Government, and the principal objective of which shall be to accelerate the development of a robust information and communication technology.

    (2) Without prejudice to the generality of subsection (1), the Department shall be responsible for—

    coordinating, and mobilizing resources for, the
    implementation of the National Information and Communication Technology Policy;

    leading in innovation and development of information
    and communication technology;

    providing support and advice for critical Government
    information technology systems, including managing the utilization of resources and infrastructure for centralized data centre facilities for large systems through the provision of specialized technical skills;

    coordinating and providing human and institutional
    development for the promotion of information and communication technology development and utilization;

    facilitating information and communication technology
    development and utilization across all sectors, including. rural community access, e-government, and among the business and private sector;

    coordinating all national information and
    communication technology programmes to ensure their linkage with national priorities;

    coordinating sustainable development of information
    and communication technology infrastructure in Malawi;

    promoting cooperation, coordination and rationalization
    among users and providers of information technology at national and local level so as to avoid duplication of efforts and ensure optimal utilization of scarce resources; and

    promoting, and being the focal point of, co-operation
    for information technology users and providers at regional and international levels.

    8.-(1) Subject to the Public Audit Act and the Public Finance Management Act, the funds of the Department shall consist of –
    (a) such sums as shall be appropriated by Parliament for the purpose of the Department;
    (b) such sums as may be payable to the Department by way of-
    (i) software development;
    (ii) consultancies;
    (iii) Government Wide Area Network bandwidth usage for non-governmental organizations and other stakeholders; (iv) data centre storage fees; and
    (v) donations.

    (2) The funds referred to in subsection (1) (b) shall only be used by the Department in the promotion of the objectives of this Act.

    9.-(1) The Department shall maintain, with such bank as the Minister may determine, a designated account into which shall be paid the funds payable to the Department.

    (2) The Department shall cause to be kept proper books of accounts of the payments made to the Department.

    (3) The accounts related to the Department shall be audited annually by the Auditor General

    10.- (1) There is hereby established the Malawi CERT which shall be a unit under Network Infrastructure of the Department of E-Government.

    (2) The Malawi CERT shall take charge of its information infrastructure protection actions and serve as a base for national coordination to respond to information and communication technology security threats.

    (3) The Authority shall ensure that the Malawi CERT is capable of providing reactive and proactive services, communicating timely information on recent relevant threats and, whenever necessary, bringing its assistance to bear for response to incidents.

    (4) The Authority shall ensure that the Malawi CERT executes the following minimum services—

    (a) reactive services early warning and precaution notice, incidents processing, incidents analysis, incident response facility, incidents response coordination, incident response on the web, vulnerability treatment, vulnerability analysis, vulnerability response and vulnerability response coordination;

    (b) proactive services public notice, technological surveillance, security audit and assessment, security installations and maintenance, security tools development, intrusion detection services and security information dissemination; and

    (c) artefacts treatment artefacts analysis, response to artefacts, coordination of response to artefacts, risk analysis, continuation and resumption of activities after disaster, security consultation and sensitization campaign, education or training and product appraisal or certification.

    PART III–FORMATION
    AND VALIDITY OF ELECTRONIC TRANSACTIONS

    11. Notwithstanding the contrary intention of any written law, where a law requires that certain information or any other matter be in writing, typewritten or printed form, the requirement shall be satisfied if the information or the matter is—

    (a) rendered or made available in an electronic form;

    (b) accessible; and

    (c) capable of being retained for a subsequent reference.

    12.- (1) Where a law requires a document to be signed, an electronic form of the document shall satisfy the requirement if an electronic signature is used.

    (2) An electronic signature shall be authentic if—

    (a) the means of creating the electronic signature is, within the context in which it is used, linked to the signatory and not any other person;

    (b) the means of creating the electronic signature, was at the time of signing, under the control of the signatory and not any other person and was done without duress and undue influence; and

    (c) any alteration made to the electronic signature after signing is detectable.

    (3) Subsection(2) does not limit the right of a person—

    to prove the authenticity of an electronic signature in any other lawful way; or

    to adduce evidence in respect of non-authenticity of an electronic signature.

    13. Except as otherwise provided for in this Act, the provisions of this Act shall not exclude, restrict or affect the legality of any method of creating an electronic signature which—
    satisfies the requirements of this Act;

    meets the requirements of other statutory provision; or

    (c) is provided for under a contract.

    14. A person may sign an electronic record by affixing a personal digital signature or using any other recognized, secure and verifiable mode of signing agreed by parties or recognized by a particular industry to be safe, reliable and acceptable.

    15. A person who relies on a digital signature shall bear the legal consequences of failure to—

    (a) take reasonable steps to verify the authenticity of the digital signature; or

    take reasonable steps where a digital signature is supported by a certificate, to—

    (i) verify the validity of the certificate; or

    (ii) observe any limitation with respect to the certificate.

    16. – (1) Unless otherwise prescribed by law, a person may decide the use of a digital signature, digital signature certificate or any other mode of authentication, of his choice.

    (2) The Authority may, by notice published in the Gazette, approve digital signatures, certification authorities offering digital certificates, or authentication of a foreign information security service provider, for use by the public.

    (3) The Authority shall ensure that digital certificates comply with international best practices and standards.

    (4) A certification authority shall be liable for damages incurred by any person who reasonably relied on a digital certificate issued by the certification authority if—

    (a) all or part of the information contained in the digital certificate on the date of issuance was incorrect;

    (b) all or part of the data required for the digital certificate to be regarded as qualified were incomplete;

    (c) the digital certificate has been issued without checking that the signatory is duly entitled to receive such digital certificate; or

    (d) the certification authority has not registered the revocation of the digital certificate or has not made this information available to third parties or both.

    (5) A certification authority shall not be responsible for damage caused by the use of a digital certificate that exceeds fixed limits on the use or the value of transactions for which the digital certificate has been used, if this condition has been made available to the users prior to the use of the certificate.

    17.- (1) Where a law requires a signature, statement or document to be notarized, acknowledged, verified or made under oath, that requirement shall be satisfied if the electronic signature of the person authorized to perform those acts is affixed to an electronic record.

    (2) Where a law requires or permits a person to provide a certified copy of a document and the document exists in paper or in another physical form, that requirement shall be satisfied if an electronic copy of the document is certified to be a true copy by using an electronic signature of the certifying person.

    18.- (1) A requirement in any written law for multiple copies of a document to be submitted to a single addressee at the same time shall be satisfied by the submission of a single electronic record of such document that is capable of being reproduced by the addressee.

    (2) Where a corporate seal is required to be affixed to a document, the requirement shall be satisfied if the electronic signature of the corporate body is affixed to the electronic record in accordance with the provisions relating to the use of the corporate seal.

    19. – (1) Where any written law requires information to be presented or retained in its original form, the requirement shall be satisfied by an electronic record if—

    (a) there is reliable assurance of the integrity of the electronic record; and

    (b) the electronic record is capable of being displayed to the person to whom it is to be presented.

    (2) For the purposes of this section—

    criteria for assessing integrity of information shall be whether it has remained complete and unaltered, save from the addition of any endorsement and of any change which may arise in the normal course of communication, storage and display; and

    the standard of reliability required shall be assessed in the light of the purpose for which the information was created and in the light of all the circumstances thereof.

    20. – (1) An electronic message shall be admissible as evidence in court proceedings as provided for in this Act.

    (2) In assessing the evidential weight of an electronic message, the court shall have regard to the following—

    (a) the reliability of the manner in which the electronic record was generated, displayed, stored or communicated;

    (b) the reliability of the manner in which the integrity of the information was maintained;

    (c) the manner in which the originator of the electronic message was identified; and

    (d) any other facts that the court may consider relevant.

    21.- (1) Where any written law requires that a document, record or information shall be retained, that requirement shall be satisfied if the document, record or information is held in electronic form, and—

    is accessible;

    is capable of retention for subsequent reference;

    is retained in the format in which it was generated, sent or received, or in a format which can be demonstrated to represent accurately the information generated, sent or received; and

    (d) is retained to enable the identification of the origin and destination of the electronic record and the date and time when it was sent or received.

    (2) A document, record or information referred to in subsection (1) shall be kept in electronic form for at least seven years.

    (3) The obligation to retain a document, record or information under this section shall not extend to information whose purpose is only to enable the message to be sent or received.

    (4) The provisions of this section may be satisfied by the use of services of another party as long as all the provisions of the section are complied with.

    22. – (1) Where a security procedure has been applied to an electronic record at a specific point in time, the record shall be a secure electronic record from the time the security procedure has been applied.

    (2) An unauthorized alteration of a security procedure shall render the record invalid.

    (3) An alteration shall be unauthorized if it is done by a person without the lawful authority of the person who originally applied a security procedure.

    23. Validity of a contract shall not be affected by the sole reason that it is executed in electronic form, if the contract has fulfilled all other requirements for formation of such type of contract.

    24. – (1) Unless otherwise agreed by the parties, the dispatch of an electronic message shall occur when such message leaves an information system under the control of the sender or an agent of the sender.

    (2) Unless otherwise agreed by the parties, receipt of an electronic message shall occur—

    where the recipient has designated an information system for the purpose of receiving the electronic message, when the electronic message has entered the designated information system; or

    where the recipient has not designated an information system, when the electronic message enters an information system through which the recipient retrieves the electronic message.

    (3) Unless otherwise agreed by the parties, an electronic message shall be dispatched at the sender’s registered place of business and shall be received at the recipient’s registered place of business.

    (4) Where a sender or recipient has more than one registered place of business, his retained place of business shall be the one having the closest link with his underlying operation, or, in the absence of such underlying operation, with the principal place of business.
    (5) If a sender or recipient does not have a place of business, the place of usual domicile shall be taken into consideration.

    (6) The provisions of this section shall apply even though the information system supporting the electronic address of the recipient differs from the place where an electronic message is considered to be received under this section.

    25. – (1) Unless otherwise agreed by the parties, an offer and acceptance of the offer may be wholly or partly expressed by electronic means.

    (2) A contract concluded between parties by means of electronic messages shall be concluded at the time when, and place where, the acceptance of the offer was received by the recipient:

    Provided that parties may agree that the contract was concluded at the place of residence of one party or the place of location of the legal entity, who accepted the offer.

    26. – (1) An electronic message shall be considered to be that of the sender, if it was sent—

    (a) by the sender personally;

    (b) by an agent of the sender; or

    (c) by an information system programmed by the sender or on behalf of the sender to send electronic messages automatically.

    (2) The recipient of an electronic message shall justifiably consider that the electronic message came from the sender and act accordingly if-

    (a) the recipient properly applied a procedure previously agreed with the sender for this purpose; or

    (b) the electronic messages received by the recipient results from the actions of a person whose relationship with the sender or with an agent of the sender, enabled the recipient to gain access to a method used by the sender to identify an electronic message as that of the sender.

    (3) Where parties have not agreed on a procedure of ascertaining the sender of an electronic message, the sender shall be presumed to be the person who objectively appears to be the sender.

    (4) The presumption in subsection (3) shall not apply in the following circumstances—

    (a) where a recipient of an electronic message was timely notified by the sender that an electronic message did not emanate from the sender;

    (b) where a recipient of an electronic message has received notice from the sender that the electronic message was issued without the knowledge or consent of the sender;

    (c) where a recipient of an electronic message knew or should have reasonably known, if he had used an agreed procedure that the electronic message did not come from the sender, or that the person who sent the electronic message did not have the authority of the sender to issue or send the electronic message; or

    (d) the recipient of an electronic message knew or should have reasonably known that the electronic message resulted from a transmission error.

    (5) A recipient of an electronic message shall be entitled to consider each electronic message received as a separate electronic message and act accordingly, unless it duplicates another electronic message which the recipient knew or should have known after taking reasonable steps or complying with an agreed procedure that the electronic message was a duplicate.

    27. – (1) Where acknowledgment of an electronic message is required, a sender of the message shall indicate this requirement to the recipient of the message on or before sending the message.

    (2) Where a sender of an electronic message has not specified a particular form of acknowledgement, the recipient may apply one of the following methods-
    (a) any communication by automated means or any other means, which originated from the recipient; or

    (b) any act of the recipient, reasonably sufficient to notify the sender that the electronic message was received.

    (3) Where a sender of an electronic message states that an electronic message shall be valid on receipt of acknowledgement by the recipient, the electronic message shall not be considered as sent until the acknowledgement is received.

    (4) Where a sender of an electronic message receives a recipient’s acknowledgement of receipt of the message, it shall be presumed that the message has reached the recipient, but this presumption shall not mean that the electronic message corresponds to the message received.

    (5) Where a party has not indicated that the communication of the electronic message is conditional on receipt of an electronic message, and acknowledgement has not been received by the recipient within the time specified or agreed, or if no time has been specified or agreed, within a reasonable time-

    (a) the sender of the electronic message may notify the recipient that no acknowledgement has been received and specify a reasonable time by which the acknowledgement shall be received; and

    (b) if the acknowledgement of receipt is not received within the specified period stipulated in paragraph (a), the sender of the electronic message may, upon notice to the recipient, treat the electronic message as though it has never been sent, or exercise any other right that the sender may have.

    (6) Where an acknowledgement of receipt indicates that an electronic message complies with the technical conditions, prescribed either by an agreement or by applicable law, these conditions shall be deemed to be fulfilled.

    (7) Except insofar as it relates to the sending or receipt of an electronic message, this section shall not affect the legal consequences that may flow either from that message or from the acknowledgement of its receipt.

    PART IV – LIABILITY OF ONLINE INTERMEDIARIES AND CONTENT EDITORS AND PROTECTION OF ONLINE USERS

    28. – (1) Subject to this Act, there shall be no limitations to online public communication.

    (2) Notwithstanding the provisions of subsection (1), online public communication may be restricted in order to-

    prohibit child pornography;

    prohibit incitement on racial hatred, xenophobia or violence;

    prohibit justification for crimes against humanity;

    promote human dignity and pluralism in the expression of thoughts and opinions;

    protect public order and national security;

    facilitate technical restriction to conditional access to online communication; and

    (g) enhance compliance with the requirements of any other written law.

    29.- (1) An intermediary service provider shall not be liable in any civil or criminal proceedings for any information contained in an electronic message in respect of which he provides services, if the intermediary service provider-

    (a) has not initiated the transmission of the message;

    (b) has no actual knowledge of the act or omission that gives rise to the civil or criminal liability as the case may be, in respect of the message; and

    (c) has no knowledge of any facts or circumstances from which the likelihood of such civil or criminal liability ought reasonably to have been known.

    (2) Nothing in this section shall be construed as-

    (a) requiring an intermediary to monitor any information contained in any electronic message, in order to establish knowledge of any act, omission, fact, or circumstance giving rise to civil or criminal liability or imputing knowledge of such liability; or

    (b) relieving an intermediary from complying with any law, court order, ministerial direction, or contractual obligation in respect of an electronic message.

    (3) If in relation to information contained in an electronic message in respect of which an intermediary service provider renders his services, the intermediary service provider has–

    actual knowledge of the act or omission that gives rise to civil or criminal liability, as the case may be, in respect of the message; or

    (b) knowledge of any fact or circumstance from which the likelihood of such civil or criminal liability ought reasonably to have been known,

    he shall forthwith remove the document from any electronic communication system within his control and shall cease to provide services in relation to the message.

    (4) An intermediary service provider shall not be liable for any act done in good faith pursuant to this section.

    30. – (1) An intermediary service provider shall not, when supplying services of transmission of information, or when offering access to online public communication, be held liable for the information transmitted on condition that the intermediary service provider-

    (a) does not monitor the online communication;

    (b) does not initiate the transmission;

    (c) does not select the receiver of the transmission; or
    (d) does not select or modify the information contained in the transmission.

    (2) The acts of transmission, routing and provision of access include the automatic, intermediate and transient storage of the information transmitted in so far as this takes place-

    (a) for the sole purpose of carrying out the transmission in the information system;

    (b) in a manner that makes it ordinarily inaccessible to anyone other than an anticipated recipient; and

    (c) for storage for a period not longer than is reasonably necessary for the transmission.

    31. An intermediary service provider shall not be liable for the automatic intermediate and temporary storage of the electronic message, where the intention of such storage is for its onward transmission to other recipients who requested it, if the intermediary service provider-

    does not modify the electronic message;

    complies with the conditions on access to electronic message;

    complies with rules regarding updating of the electronic message, specified in a manner widely recognized and used by the information and communication technology industry;

    does not interfere with the lawful use of technology that is widely recognized and used by the information and communication technology industry, to obtain information on the use of electronic message;

    acts expeditiously to remove or to disable access to the information it has shared upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed or access to it has been disabled or that a court or an administrative authority has ordered such removal or disablement; and

    removes or disables access to the electronic messages it has stored upon receiving a takedown notice.

    32. An intermediary service provider who provides a service comprising storage of electronic messages shall not be liable for the information stored if—

    (a) he was not aware of the unlawful character of the stored information; or

    (b) immediately after becoming aware of the unlawful character of the stored information, he took all necessary measures to withdraw the information or to make access to such information impossible; or

    (c) upon receipt of the takedown notice issued under this Act, he expeditiously removes or disables access to the information.

    33.- (1) An intermediary service provider shall, while exercising the activities prescribed in section 34, maintain and preserve the data that permits the identification of any person who contributed to the creation of all or part of the content relating to the services rendered by such intermediary service provider.

    (2) The High Court may require from the intermediary service provider communication of the data referred to in subsection (1).

    (3) The Authority may issue regulations governing the retention of data referred to in this section.

    34.- (1) An intermediary service provider offering access to online public communication services shall provide, and inform its subscribers of the existence of any technical means which permit restriction of access to certain services.

    (2) An intermediary service provider shall set up an easily accessible and visible system to enable any person inform the intermediary service provider of any content which is unlawful or infringes, or may infringe, on such person’s rights.

    (3) An intermediary service provider shall—

    (a) inform promptly the Authority or its organs of any illegal content reported as indicated in subsection (2) and made available online by the beneficiaries of their services; and

    (b) make public the means taken to fight against the dissemination of such illegal content.

    (4) Any person who claims that a published electronic message is unlawful or infringes on his right, shall notify the intermediary service provider of such message.

    (5) A notification stipulated in subsection (4) shall be in permanent medium addressed by the complainant to the intermediary service provider, and shall include the following information-

    (a) the full name and address of the complainant;

    (b) the written or electronic signature of the complainant;

    (c) the right that has been infringed;

    (d) identification of the material or activity that is claimed to be the subject of the infringing or unlawful activity;

    (e) the remedial action required to be taken by the intermediary service provider in respect of the complaint;

    (f) telephone and electronic mail contacts;

    (g) a statement that the complainant is acting in good faith; and

    (h) a statement by the complainant that the information is true and correct.

    (6) Any person who notifies an intermediary service provider of an infringement or unlawful activity or content knowing that the notification is false, commits an offence and is liable to a fine of K1, 000,000 and imprisonment for twelve months.

    (7) An intermediary service provider shall not be liable for a takedown in response to a wrongful or false notification.

    35- (1) An online content provider shall display in a conspicuous manner, the following information on its webpage–

    (a) in case of a natural person, full name, domicile, telephone number, and email address, of the editor;

    in case of a legal entity, corporate name, postal and physical address of the registered office, telephone number, email address, authorized share capital, and registration number, of the editor;

    where applicable, the name of the corporate officer appointed as director of the publication of the online public communication and the editor in chief; and

    (d) the name, title, corporate name, postal and physical address and telephone number, email address of the intermediary service provider prescribed in this section.

    (2) A person editing online public communication on a non-professional basis may make publicly available his name as well as the name and address of the intermediary service provider prescribed in this Act:

    Provided that the person has duly communicated to the intermediary service provider the particulars of personal identification prescribed by subsection (1).

    (3) Any intermediary service provider identified in this section shall be subject to professional secrecy as regards disclosure of the particulars of personal identification or of any information sufficient to identify the source of online content.

    (4) A person may act as an editor of an online public communication, and as an intermediary service provider, if his activities fall under both regimes.

    (5) Where a person acts as an editor of an online public communication and as an intermediary service provider as provided in subsection (4), legal obligations of both regimes shall apply respectively to each activity.

    (6) An intermediary service provider exercising the activities prescribed in this section shall provide to editors of online content under this section the technical means to comply with the requirements of identification prescribed in this section.

    36.- (1) A person who can be directly or indirectly identified in an online public communication, shall have the right to demand a publication of his response, without prejudice to his right to request correction or deletion of the content.

    (2) A request stipulated in subsection (1) shall be addressed to the editor in chief designated in section 35(1) (c).

    (3) In the event that a person editing an online public communication on a non-professional basis elects to remain anonymous, the complainant shall directly address the request to the hosting intermediary service provider.

    (4) An online editor shall publish the response stipulated in subsection (1) within twenty four hours of receipt of the request in subsection (1).

    (5) A person who contravenes subsection (4) commits an offence and is liable to a fine of K1, 000,000 and imprisonment for twelve months.

    (6) A right of reply shall be exercised free of charge.

    PART V – E-COMMERCE

    37. – (1) A supplier of goods or services through electronic commerce (in this Act otherwise referred to as a “supplier”) shall make available the following information to consumers—

    (a) full name and legal personality;

    (b) postal and physical address and telephone number;

    (c) website address and e-mail address;

    (d) in case of a corporate entity, its registration number, name of its office bearers and its place of registration;

    (e) if the supplier is subject to a tax on consumer goods and services, his tax personal identification number;

    (f) details of membership to any regulatory or accreditation body to which the supplier belongs or subscribes to, and contact information of such body;

    (g) if the activity of the supplier is subject to any professional regulation, reference to the applicable professional rules, his professional title, the place where such title was granted, or organization to which the person is registered;

    (h) if the supplier belongs to a self-regulatory body, to a professional association, to an organisation for dispute settlement, or to any other relevant certification organization, the supplier shall provide adequate information and ensure easy means of verification of such belonging and of access to the codes and practices applicable to that body, association or organisation; and

    (i) physical address where the supplier receives service of legal documents.

    (2) A supplier shall, before conclusion of a contract, provide to consumers the following information regarding the terms, conditions and costs associated with the transaction—

    (a) sufficient description of goods or services subject of the contract;

    (b) instructions for use and, in particular, the warnings related to security and health;

    (c) restrictions, limitations or conditions related to the purchase, such as an agreement of a parent or of a guardian, and any territorial or temporal restrictions;

    (d) details of full costs, including taxes and costs of shipping and delivery to be paid by the consumer, and terms and conditions of payment;

    (e) conditions of delivery or execution such as the time of delivery of goods or provision of services:
    Provided that-

    (i) unless otherwise agreed by the parties, the supplier shall be bound to deliver the goods or to provide the services immediately upon conclusion of the contract; and

    (ii) where the supplier fails to deliver the goods and provide the services as stipulated in subparagraph (i), the consumer shall be entitled to terminate the contract;

    (f) mode of payment;

    (g) information regarding available after-sale service;

    (h) details and conditions of withdrawal, denunciation, return, cancellation or reimbursement, in accordance with the provisions of sections40, 42 and 43;

    warranty conditions;

    (j) return, exchange and refund policy of the supplier;

    (k) manner and the period within which the consumer can maintain a full record of the transaction;

    (l) any alternative dispute resolution code to which the supplier subscribes and how the details and content of that code may be accessed electronically by the consumer; and

    (m) security procedures and privacy policy of the supplier in respect of payment, payment information and personal information of the consumer.

    38. – (1) A supplier shall make available to consumers applicable contractual terms and conditions.

    (2) A supplier shall ensure that the terms and conditions referred to in subsection (1)-

    (a) specify the time and manner the contract is formed; and

    (b) are in a form that guarantees their preservation and production.

    (3) A supplier shall–

    (a) provide the technical means which permit the consumer to review the transaction and correct any errors made;

    (b) indicate the languages in which the contract shall be formed;

    (c) in case the contract is archived, provide the conditions of such archiving by the supplier and the conditions of access to the archived contract; and

    (d) if applicable, provide the way to access, through electronic means, professional and commercial rules that the supplier considers binding.

    (4) Every contract with a value exceeding K5, 000,000 concluded by electronic means shall be archived by the supplier for a period of not less than seven years from the date when the contract was formed.

    39. – (1) A consumer shall be entitled to exercise the right of withdrawal from a contract concluded by electronic means without giving reasons and without penalties-

    (a) with respect to goods, within seven days of receipt of the goods; and

    (b) with respect to services, within seven days of the formation of the contract.

    (2) Where consumer has cancelled a contract under this section, the consumer may, if necessary, bear return costs for the goods supplied or services rendered.

    (3) After a consumer has cancelled a contract under this section, a supplier shall, within fourteen days of cancellation of the contract by the consumer, reimburse to the consumer all sums paid.

    (4) After expiry of the period specified in subsection (3), the sum due shall attract interest at the prevailing bank rate.

    (5) A supplier shall reimburse to a consumer, all sums due, in a payment mode agreed by the parties:

    Provided that in the event that the parties fail to agree on the mode, the reimbursement shall be made in the same mode in which the consumer paid the supplier.

    (6) Notwithstanding subsection (1), a consumer shall not withdraw from a contract concluded by electronic means where-

    (a) the provision of services started with the consumer’s consent, before the end of the seven day period;

    (b) the price of the goods or services depends on the fluctuations of financial market rates and the price is not in the control of the supplier;

    (c) the provision of goods was made according to the consumer’s own specifications or clearly personalized, or goods which by their nature cannot be returned or are liable to deteriorate rapidly;

    (d) the contract relates to the provision of audio or video recording or software;

    (e) the contract relates to the provision of newspapers, periodicals or magazines; and

    (f) the contract relates to the provision of betting and authorized lotteries.

    40.- (1) A supplier shall put technical measures on his electronic platform that will enable a consumer to verify the accuracy of the details of an order, failing which an electronic transaction made on the platform shall be invalid.

    (2) A supplier shall acknowledge receipt of the order electronically within forty eight hours of receipt of the order.

    (3) Unless the parties agree otherwise, a supplier shall execute the order within thirty days of receipt of the order.

    (4) Where a supplier has failed to execute an order within the thirty days or within the agreed period, the consumer may, after the expiration of that period, cancel the contract upon giving a seven days’ written notice.

    (5) The order, the acceptance of the order, and the acknowledgement of receipt of such acceptance of the order, shall be considered received in accordance with section 24.

    (6) For the purposes of this section, an “order” shall amount to an “offer”.

    41. – (1) Where a supplier fails to perform his part of the contract, the supplier shall inform the consumer of the failure and the supplier shall refund the consumer any sums paid within seven days of notifying the consumer of his failure or at the expiry of the thirty days or at the expiry of the period agreed by the parties, whichever comes first.

    (2) Where a supplier fails to refund a consumer as required by subsection (1), interest shall accrue on the sum at the applicable bank rate.

    (3) Where a consumer is contractually required to bear costs of returning goods that the supplier has delivered to a consumer, the supplier shall inform the consumer of this fact in advance.

    42. – (1) A supplier shall provide to a consumer with an opportunity to do the following—

    (a) review the entire electronic transaction;

    (b) correct any errors; and

    (c) withdraw from the transaction before finally placing an order.

    (2) Where a supplier’s transaction fails to comply with subsection (1), a consumer is entitled to cancel the transaction within fourteen days after receiving the goods, services or facilities to which the transaction applies.

    (3) Where a transaction is cancelled under subsection (2)—

    (a) a consumer shall return the goods and cease using the services or facilities supplied pursuant to the transaction, as the case may require; and

    (b) a supplier shall refund all payments made by the consumer in respect of the transaction.

    (4) A supplier shall utilize a payment system that is sufficiently secure having regard to—

    (a) accepted technological standards at the time of the transaction; and

    (b) the type of transaction concerned.

    (5) A supplier shall be liable for any damage suffered by a consumer due to a failure by the supplier to comply with subsection (4).

    43. A consumer may require the cancellation of a payment in case of fraudulent use of his payment for the purposes of execution of a contract by electronic means, and in such a case the sums paid shall be reimbursed to the consumer.

    44. – (1) A person dealing on online communication shall not advertise in a misleading manner.

    (2) In determining whether online advertising is misleading, account shall be taken of all its features, and in particular, of any information it contains concerning—

    (a) the characteristics of goods or services, such as their availability, nature, execution, composition, method and date of manufacture or provision, fitness for purpose, uses, quantity, specification, geographical or commercial origin, the results to be expected from their us

  3. Peter says:

    The actions of cabinet in rejecting ATI us a classical example of actions likely to disturb public order! will our police arrest the wayward ministers? What should be done to these ministers cconsidering that their action is the cause of growing anger among people which can lead to public disorder?

  4. muona says:

    Thats try and error government musova

  5. Rights says:

    I feel if this bill passes it means we will be robbed of some of our birth rights as well. Actually is this not in conflict with freedom of expression. My foot, why not deal with access to imfo bills. Why are these guys are bringing oppressive bills. Can someone school me on these issues? What will be the benefit of all this shift. ? Can someone explain please?

  6. matombodya says:

    Tiye nawoni amationjezadi amenewa. Just because they can write about someone something and post; they have no regard for the injured person. They need to be regulated indeed

  7. The Analyst says:

    ……………………………………………………………………………………………………………………………………………………………………………………………………………
    So you want to stop Nyasatimes from posting our comments or want to track down n trace The Analyst, Kenkkk, Nabanda, Mirrella K, Levelheaded, Sapitwa, mtumbuka1, etc for telling you you are stupid? But what are you, if you behave such?

    “Is it not better to be hurt by the truth than be comforted with a lie?.” – Khaled Hossein (Afghan-born American Novelist)

    Inu izi simukudziwa bwanji?

    Know this that it is our responsibility to make sure you people behave well using our right to call you stupid, foolish, useless, dunderheads, good-for-nothing fornicators e.t.c. Nde tiyeni tisasakanesakane iai!
    …………………………………………………………………………………………………………………………………………………………………………………………………………….
    See guys these people read through the comments and all the noise we make here. Lets keep up n keep them in shape by telling them what they are coz that’s what they are, anyway.
    …………………………………………………………………………………………………………………………………………………………………………………………………………….
    And are we people getting our priorities right? Have we not many pressing issues at hand, yet are busy wanting to suppress freedom of speech n of the dick (porn)? Are you sure this is the country’s priority? This bill is relevant only at some point of a country’s development but lets not cheat one another that Malawi is there. Naaa!!!!
    ……………………………………………………………………………………………………………………………………………………………………………………………………………..

  8. Dusty says:

    Vindere va MPs,you want to shut our mouths, you don’t want us to speak out minds out.

  9. Sapitwa says:

    Rights everyone has. A right to protection from defamation by other character assassins. There are too many obscene comments which should not have been published at all. This is welcome!

  10. WAKUDA KAMANGA says:

    Zaziiiii

  11. Mirella K says:

    Odi ife tithire phunzo komaliza apa…ma MP athu ndi zitsiru zeni zeni zitselekwerete, atombolombo, agalu…Omalandira ma allowance ngakhale amakhala ku Lilongwe konko!

    Osadanda…Komaliza aka!

  12. Peter says:

    Disturbing public order! Who defines public order?

  13. akuntinji anamuona says:

    That’s how the BBCS MPS behave sending back that important bill for what input? Open your eyes we are in new generation where such bills are paramount.

  14. Achimidzimidzi says:

    First of all, you MPs should stop being stupid before you pass this bill into a law. You are daft. You have practically put us into mental slavery. We are your prisoners outside prison walls.

    Remember we have freedom of speech, and rights to form opinion, so if my opinion is that you are stupid why cant I tell you that you stupid.

    After all you are not performers, the nation sliding into overwhelming misery because of you leaders.

    Agalu inu.

  15. Any control is a violation of rights.

Comments are closed.