MACRA moves against intimate video sharing

Sharing someone’s intimate video without their consent could soon carry a heavy price, as authorities tighten the screws on those behind the practice.

The warning was issued by the Malawi Communications Regulatory Authority (MACRA) in its capacity as the designated Data Protection Authority following the circulation of intimate videos on social media and other online platforms without the consent of the individuals involved.

In a public notice that Malawi24 has seen, the Authority said recording, publishing, sharing, forwarding or otherwise disseminating intimate content involving an identifiable individual constitutes the processing of personal data.

The Authority said such processing must have a lawful basis and comply with the requirements of the Data Protection Act, 2024.

Under the Act, people who, without a lawful basis, record intimate content involving another person, publish or upload it online, or forward, share or repost it may face enforcement action, including administrative penalties of up to K20 million.

The Authority also cited Section 49 of the Data Protection Act, which makes it an offence for a person who possesses information known to have been obtained in contravention of the Act to publish or communicate that information to another person without lawful authority.

A person convicted of the offence may face a fine of up to K20 million and imprisonment for up to five years.

The warning comes as intimate videos continue to circulate across social media and online platforms, prompting concerns over privacy, dignity and the unlawful use of personal information.

The Authority further reminded the public that distributing pornographic material through an information system is an offence under Section 85(2)(e) of the Electronic Transactions and Cyber Security Act, 2016.

A person convicted under that provision could face a K10 million fine and up to 15 years imprisonment.

The Data Protection Authority has urged anyone who has posted, uploaded, shared, forwarded or otherwise disseminated the videos to immediately remove them from all platforms and stop any further distribution.

It has also called on members of the public to respect the privacy, dignity and personal data of others and to cease any unlawful processing or dissemination of personal information.