Abstract

Malawi has recently introduced significant legal reforms, including the Data Protection Act (2024) and the establishment of a Data Protection Authority (2025), to safeguard citizens' digital rights. While these measures provide an essential foundation for data governance, their enforcement remains weak, and surveillance practices, such as social media monitoring and mandatory SIM registration, continue under broad legal exemptions. This article explores the relationship between communication surveillance, data protection and human rights in Malawi, with a focus on the role of civil society organisations in translating statutory guarantees into practical protections. Drawing on civil society theory and qualitative data from secondary sources and key informant interviews, the study finds that CSO engagement in digital rights remains limited due to technical knowledge gaps, funding constraints, political sensitivities, and the perception of digital rights as secondary or elitist. However, rising concerns over misinformation, cyber harassment and privacy violations present opportunities for stronger advocacy. The article argues that an empowered and well-resourced civil society is essential for ensuring transparency, accountability and the practical implementation of Malawi's data protection framework in the digital age.

Pages (from-to)	913-931
Volume	25
Issue number	2
Publication status	Published - 2025