are committed through the instrumentality of computers, computer systems and data e.g. child
pornography, sexual harassment, fraud, forgery, crime recorded and posted online and others.
However, the enactment of the Electronic Transactions & Cyber Security Act (2016) has
provided a platform to harness all the efforts that were being hampered by lack of appropriate
legislation. Malawi is also benefiting from regional initiatives and harmonization of strategies to
provide a model standard for the region.
1.2.3 Malawi’s Cybersecurity Related Activities
Understanding the current cybersecurity-related activities of Malawi is critical to ensuring the
effective cooperation between Malawi’s stakeholders and their cybersecurity-related mandates
and activities. Therefore, this Strategy considers the various functions and activities of the
different stakeholders in Malawi relating to cybersecurity. Noteworthy cybersecurity-related
activities undertaken in Malawi over the past year include the recent promulgation of the
Electronic Transactions and Cyber Security Act (2016) and the development of this National
Cybersecurity Strategy. The recently promulgated Electronic Transactions and Cyber Security
Act (2016) address a number of ICT security issues like cybercrime, data protection, and
privacy among others. For instance, the Electronic-Transactions and Cyber Security Act (2016)
will enable citizens to undertake various electronic transactions with the full protection of the
law, as well as ensure citizens are protected from computer related harms like cybercrimes,
viruses and hacks. Part 6 of the Electronic-Transactions and Cyber Security Act (2016) provides
details of offences; Clause 87, for instance, addresses events where an individual knowingly
introduces or spreads a software code that damages computer, computer system or network.
Other issues addressed in the Act include cryptography, Country Code Top Level Domain
(ccTLD), the establishment of the Malawi National CERT and the appointment of cyber
inspectors.
However, efforts to address challenges within the cyberspace in Malawi were fragmented due to
the absence of a coordinated strategic approach by all key stakeholders. The NCS will therefore
provide a link among all these stakeholders to provide effective solutions to the identified
challenges. The NCS as an overarching strategy provides a platform for: the Ministry of Justice
to deal with the legal issues related to the cyberspace in conjunction with all law enforcement
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