The Malawi Communications Regulatory Authority, in its capacity as the designated Data Protection Authority, has noted with concern the circulation on social media and other online platforms of content depicting individuals in intimate acts. The videos were recorded, subsequently published and disseminated without the consent of the individuals concerned.
The Data Protection Act, 2024 protects the privacy and personal data of every individual. The Act defines processing to include operations performed on personal data including collection, recording, storage and publication.
The recording, publication, sharing or otherwise dissemination of intimate content depicting an identifiable individual constitutes processing of personal data. Such processing must be undertaken on a lawful basis and in accordance with the requirements of the Data Protection Act.
The Authority therefore hereby warns that any person who, without a lawful basis:
• Records intimate content depicting another person;
• Publishes or uploads such content on any online platform; or
• Forwards, shares, reposts or otherwise disseminates such content.
Written on August 21, 2026
PUBLIC NOTICE UNLAWFUL PROCESSING OF PERSONAL DATA
Written on August 21, 2026
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