- There are multiple commencements:
- [This is the version of this document at 31 December 2017.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
|Part I, section 1–2, section 3(a), 3(b), 3(c), 3(d), 3(e), 3(f), 3(g), 3(a), 3(b), 3(c), 3(a), 3(b), 3(c), 3(a), 3(b), 3(c), 3(d), 3(e), 3(a), 3(b); Part II, section 4, section 5–14, section 15(1), 15(2), 15(3), 15(4), 15(5), section 17(a), 17(b), 17(c), 17(d), 17(e), section 19(2)(a), 19(2)(b), 19(2)(c), 19(2)(d), 19(2)(e), 19(2)(f), 19(2)(g), 19(2)(h), section 20(2)(d), 20(2)(e), 20(2)(f), 20(2)(g), section 21(1)(e), 21(1)(f), 21(1)(g), section 23(3), section 24(2)(a), 24(2)(b), 24(2)(c), 24(3)(a), 24(3)(b), 24(3)(c), 24(4), section 28(1)(a), 28(1)(b), 28(1)(c), 28(1)(d), 28(1)(e), section 29(3), section 30(1), 30(2), 30(3); Part III, section 31, section 32, section 33(3), section 37(4), section 39(a), 39(b), section 40(1)(a), 40(1)(b), 40(1)(c), 40(1)(d), section 41(1)(a), 41(1)(b), 41(1)(c), 41(1)(d), section 42(2), 42(3), 42(4), 42(5), 42(6), 42(7), 42(8), 42(9), section 43(1)(c), 43(1)(d), 43(1)(e), 43(1)(f), 43(5), 43(6), 43(7), section 44(3), 44(4), section 45(3)(a), 45(3)(b), 45(3)(c), section 46(1), 46(2), section 47(a), 47(b), 47(c), 47(d), section 50(3), section 52(1)(a), 52(1)(b), 52(1)(c), 52(1)(d), 52(1)(e), section 53(1)(d), 53(2)(a), 53(2)(b), 53(2)(c); Part IV, section 57(1), 57(2), 57(3), 57(4), 57(5), 57(6), section 58(a), 58(b), 58(c), 58(d), 58(e), 58(f), section 59(a), 59(b); Part V, section 60(3), section 62(3), 62(4), section 63(4), section 64(4), section 65(1)(a), 65(1)(b), section 66(2)(a), 66(2)(b), section 67(4), 67(5), 67(6); Part VI (section 68–69); Part VII (section 70–73); Part VIII (section 74–80); Part IX, section 81(2)(c), 81(2)(d), section 82(2)(d), 82(3), section 83(3), 83(4), 83(5), 83(6), 83(7), section 85(1)(c), section 86; Part X, section 87(a), 87(b), section 88(3), 88(4), section 89(1)(a), 89(1)(b), 89(5), section 91(a), 91(b), 91(c); Part XI, section 92(2)(a), 92(2)(b), 92(2)(c), 92(3)(a), 92(3)(b), section 93(1), 93(2), 93(3); Part XII (in part); Part XIII, section 97(2)(c), 97(2)(d), 97(2)(e), 97(2)(f), section 99(a), 99(b), 99(c), 99(d), 99(e), section 100(2)(a), 100(2)(b), 100(2)(c), section 101(a), 101(b), 101(c), 101(d), 101(e), section 102(a), 102(b), 102(c), 102(d), 102(e), 102(f), 102(g), 102(h), 102(i), section 105(2)(a), 105(2)(b), 105(3), section 107(3); Part XIV, section 108(2)(d), section 109(1)(a), 109(1)(b), 109(1)(c), 109(1)(d), 109(2), section 110(2)(a), 110(2)(b), 110(2)(c), 110(2)(d), 110(2)(e), 110(2)(f), section 111, section 112–120; Part XV (section 121–137); Part XVI (section 138–150); Part XVII (section 151–154); Part XVIII (section 155–166); Part XIX (section 167–170); Part XX (section 171–174); Part XXI (section 175–190); Part XXII (section 191–207)||commenced on 1 June 2017 by Government Notice of 2017.|
|Part I, section 3; Part II, section 15, section 16, section 17, section 18, section 19(1), 19(2), section 20(1), 20(2)(a), 20(2)(b), 20(2)(c), 20(3), section 21(1)(a), 21(1)(b), 21(1)(c), 21(1)(d), 21(2), section 22, section 23(1), 23(2), section 24(1), 24(2), 24(3), section 25, section 26–27, section 28(1), 28(2), 28(3), 28(4), 28(5), section 29(1), 29(2), section 30; Part III, section 33(1), 33(2), section 34, section 35–36, section 37(1), 37(2), 37(3), section 38, section 39, section 40(1), 40(2), section 41(1), 41(2), 41(3), 41(4), section 42(1), section 43(1)(a), 43(1)(b), 43(2), 43(3), 43(4), section 44(1), 44(2), section 45(1), 45(2), 45(3), section 46, section 47, section 48, section 49, section 50(1), 50(2), section 51, section 52(1), 52(2), section 53(1)(a), 53(1)(b), 53(1)(c), 53(2), section 54; Part IV, section 55–56, section 57, section 58, section 59; Part V, section 60(1), 60(2), section 61, section 62(1), 62(2), section 63(1), 63(2), 63(3), section 64(1), 64(2), 64(3), section 65(1), 65(2), section 66(1), 66(2), section 67(1), 67(2), 67(3); Part IX, section 81(1), 81(2)(a), 81(2)(b), section 82(1), 82(2)(a), 82(2)(b), 82(2)(c), section 83(1), 83(2), section 84, section 85(1)(a), 85(1)(b), 85(2), 85(3); Part X, section 87, section 88(1), 88(2), section 89(1), 89(2), 89(3), 89(4), section 90, section 91; Part XI, section 92(1), 92(2), 92(3), section 93, section 94; Part XII, section 95–96; Part XIII, section 97(1), 97(2)(a), 97(2)(b), 97(3), 97(4), section 98, section 99, section 100(1), 100(2), section 101, section 102, section 103, section 104, section 105(1), 105(2), section 106, section 107(1), 107(2); Part XIV, section 108(1), 108(2)(a), 108(2)(b), 108(2)(c), section 109(1), section 110(1), 110(2)||not yet commenced.|
Part I – Preliminary
1. Short titleThis Act may be cited as the Communications Act.
2. ObjectivesThe objectives of this Act are—
3. InterpretationIn this Act, unless the context otherwise requires—"access" means making available facilities or services of any licensee under defined conditions, on exclusive or non-exclusive basis, for the purpose of providing communications services, including access to—(a)network elements and associated facilities, which may involve the connection of equipment by fixed or non-fixed means, and includes access to the local loop, facilities and services necessary to provide services over the local loop;(b)physical infrastructure, including buildings, cable engineering networks, ducts, masts and poles;(c)relevant software systems, including operational support systems;(d)number translation facilities, or to systems offering equivalent functionality;(e)fixed and mobile networks, in particular for roaming;(f)conditional access systems for digital television services; or(g)virtual network services;"allocation" means the apportionment of a given scarce resource for the purpose of its use by one or more communications services under given conditions;"apparatus" means equipment, an instrument, or any other object for use in the provision or the reception of communications services, and includes a fitting to, or accessory of, the equipment, instrument or object;"Authority" means the Malawi Communications Regulatory Authority established under section 4;"broadcasting" means any form of transmission of content intended for reception by the public whether conveyed by means of radio or electronic communications;"broadcasting service" means any service that consists of broadcasting, but does not include—(a)a service that provides only data or text, whether with or without associated still images;(b)a service in which the provision of audio-visual material or audio material is incidental to the provision of that service; or(c)a service or a class of service that the Authority may, by regulation, prescribe;"broadcasting signal distribution" means the process whereby the output signal of a broadcasting service is taken from the point of origin, being the point where such signal is made available in its final content format, and is conveyed to any broadcast target area by means of electronic communications, and includes multi-channel distribution;"class assignment" means an assignment issued by the Authority pursuant to this Act, granting entities, subject to certain rules, the right to use frequencies or numbers, as specified by the Authority;"class assignee" means the holder of a class assignment;"class licence" means a licence issued by the Authority, as distinct from an individual licence, issued on the same terms to each applicant of a category of users in respect of the operation of a type of an electronic communications network or communications service that does not require the use of scarce resources;"class licensee" means the holder of a class licence;"commercial broadcasting" means a broadcasting service operating for profit or as part of a profit entity, but excludes any public broadcasting service;"common carrier" means an entity licensed to provide electronic communications network services and is obliged to provide signal distribution for broadcasting services on a non-discriminatory and non-exclusive basis;"communications service" refers to any electronic communications service, broadcasting service or postal service;"communications technology" means the application of communications and computing technologies to the creation, management and use of information through the use of hardware, software, networks, as well as media for the collection, storage, processing, transmission and presentation of information and related services;"community" includes a geographically founded community or a group of entities or sector of the public, having a specific and ascertainable common interest;"community broadcasting service" means a content service that—(a)serves a particular community;(b)is carried on for non-profitable purposes; and(c)is fully controlled by a non-profit making entity;"consumer" means a person who uses or seeks to obtain broadcasting, postal or electronic communications services for personal use;"content" means information in the form of sound, data, text or images, whether still or moving, except where transmitted in private communications;"content service licensee" means a holder of a content service licence;"convey" includes transmit and transport, and "conveyance" shall be construed accordingly;"courier service" means an individualized and time sensitive service for collection, acceptance, conveyance and delivery of postal articles on a door to door basis;"coverage area" means an area in which a communication service is intended to be received;"dominant market player" means an entity that holds, either on its own or in conjunction with other entities, a significant market power;"electronic communications" means the emission, transmission or reception of signals, including content or intelligence of any nature, partially or fully transmitted by any radio, electromagnetic, photo electronic or photo optical system, but does not include—(a)wire or direct oral communication;(b)communications made through a tone-only paging device;(c)communication from a tracking device;(d)electronic funds transfer information stored by a financial institution in a communications system used for electronic storage and the transfer of funds; or(e)postal or broadcasting service;"electronic communications licence" means a network service licence and an application service licence;"electronic communications market" means an area of activity identified by the Authority, as constituting a single market within the communications technology sector;"electronic communications network" means transmission systems and, where applicable, switching or routing equipment and other resources that permit the conveyance of signals by wire, radio, optical or other electronic means;"electronic communications numbering" means a number, sign or other mark that an electronic communications licensee, in the delivery of electronic communications services, uses to identify electronic communications facilities in order to connect between the place of transmission and the place of reception, or identify the type of content or transmission that the electronic communications facility is to deliver;"electronic communications services" means a service provided by one or more electronic communications network;"essential facilities" means facilities of an electronic communications network or service that—(a)are exclusively or predominantly provided by a single or limited number of suppliers; and(b)are economically or technically difficult to substitute or duplicate in order to provide a service;"exempted licensee" means a licensee who is exempted from certain conditions in order to operate its activities;"exempted service" means a licensed service for which certain conditions and fees are not required by the Authority in order for the service provider to commence its operations;"facility services" means any services comprising electronic communication infrastructure, including earth station, fixed links and cables, radio communication transmitters and links, satellite hubs, satellite control station, submarine cables, and cable landing station;"frequency" means electromagnetic waves of radio communications frequencies propagated in space without artificial guide;"frequency allocation" means the reservation of one or more radio frequency bands for a particular use or uses;"frequency assignment" means the reservation of one or more radio frequencies for use by a particular entity in accordance with the national frequency plan;"frequency spectrum licence" means a licence issued to grant the right to use the radio-frequency spectrum to operate a network facility or radio communication equipment of a specified kind at a specified frequency, or in any specified frequency band or bands, and which may include spectrum assignments and apparatus assignments;"frequency spectrum service" means a service involving the transmission, emission or reception of radio waves for specific communications purposes;"individual licence" means a licence issued by the Authority to a particular entity on terms specific to that entity;"interconnexion" means the physical and logical connexion of two or more electronic communications networks;"interconnexion agreement" means an agreement between licensees in relation to the interconnexion of their services;"interconnexion provider" means a person providing an interconnexion service to other licensees in accordance with a licence issued by the Authority;"licence area" means the geographical area specified in a licence;"message" means any communication sent, received or made by communications systems or services, or given to any entity to be sent or delivered by electronic communications networks or services;"multi-channel distribution service" means a broadcasting signal distribution service that provides broadcasting signal distribution for more than one channel at the same time on the same signal;"postal service" means any system for the collection, dispatch, conveyance, handling and delivery of letters, postcards, printed papers, commercial papers, samples, parcels or other similar articles;"post office" means any building, house, room, receptacle, vessel, vehicle or place where postal articles are received, sorted, dispatched or delivered;"postage" means the amount chargeable for the transmission of an article by post, and includes any special charges or fees for supplementary services supplied in connexion with the transmission of an article by post;"postal article" means any article in the course of transmission by post, including any letter, postcard, newspaper, book, document, pamphlet, pattern, sample packet, small packet, parcel package, or any other article tendered for dispatch, or specified as a postal article by the Universal Postal Union or in a postal licence;"postal services licensee" means any entity licensed to provide postal services;"postal tariff" means any charges raised by the postal services licensee for the provision of postal services;"public content service" means any content service provided by the Malawi Broadcasting Corporation, or any other public state-owned enterprise holding a broadcasting service licence to this purpose;"public postal service" means any postal service provided by the Malawi Posts Corporation, or other state-owned enterprise holding a postal services licence;"scarce resources" means finite resources required in the operation of electronic communication, including radio spectrum, numbers and rights of ways;"subscriber" means a person having a contract with an authorized provider of a communications service in order to obtain any communications services;"subscription content service" means a content service provided under a subscription contract;"television content service" means a content service consisting of the transmission of visual images or other visible signals, with or without accompanying sounds, where the visual images are such that their sequences are seen as moving pictures;"terminal equipment" means any electronic communications equipment connected at the terminal end of a public electronic communications network for the purpose of sending and receiving network services to and from end users;"type approval" is a procedure where the Authority certifies the acceptability of an electronic equipment or product based on conformity of the equipment or the product to minimum regulatory technical and safety requirement before the equipment or the product is used;"universal access" means access to publicly available communications services;"universal service" means a defined set of products and communications services of a general public interest to which customers are entitled to use without discrimination in terms of accessibility, price and quality;"Universal Service Fund" means the Fund established under section 157; and"Universal Service Fund Committee" means the committee to be established by the Authority under section 159.
Part II – The Malawi Communications Regulatory Authority
4. Establishment of the Authority
5. Ministerial policy directions
6. Duties, functions and powers of the Authority
7. Membership of the AuthorityThe Authority shall consist of—
8. Appointment of members of the Authority
9. Disqualification from membershipA person shall be disqualified from being appointed as a member Authority if the person—
10. Chairperson of the Authority
11. Tenure and vacation of office of members of the Authority
12. Filling of vacanciesA vacancy on the membership of the Authority shall be filled by the appointment of a new member in accordance with section 7 as read with section 8, and the member so appointed shall hold office for the unexpired period of his predecessor’s term of office, but the vacancy may not be filled if the unexpired period is less than six months.
13. Removal from office of a member of the AuthorityA member of the Authority shall not be removed from office on grounds set out in section 11 (2) (c), (d), (e), (f), and (g), except after due inquiry, and only upon a decision of the appointing authority.
14. Meetings of the Authority
15. Committees of the Authority
16. Co-opted personsThe Authority may, at its discretion, invite any person with specific knowledge, information or expertize to attend any of its meetings and address it on a matter, but such person shall not be eligible to vote at the meeting on any decision of the Authority.
17. Governance powers of the AuthorityWithout prejudice to the generality of section 6, the Authority shall have the power to—
18. Honoraria of members of the Authority
19. The Director General of the Authority
20. Tenure of office of the Director General of the Authority
21. Powers and functions of the Director General of the Authority
22. Other staff of the Authority
23. Disclosure of conflicts of interest
25. Oath of secrecyA member of the Authority, an employee, a consultant, an adviser and a subcontractor of the Authority, shall sign an oath of secrecy upon being appointed on the Board or being engaged by the Authority, as the case may be.
26. Delegation of powers
27. Advisory fora
28. Funds of the Authority
29. Accounts and audit
30. Annual report
Part III – Regulation of electronic communications services
31. Requirement of licence for provision of electronic communications services
32. Authority to prescribe types and categories of electronic communications licencesThe Authority may make rules prescribing the types and categories of electronic communications licences.
34. Licence eligibilityThe Authority shall not issue a licence under this Act unless the applicant for the licence is duly registered under the relevant written laws of Malawi.
35. Local ownership requirementAn electronic communications licensee shall maintain a local shareholding of at least twenty per cent.
36. Publication of rules relating to type or category of licence
37. Application for a licence
38. Grant of a licence through a restricted procedure
39. Issue of a licenceThe Authority shall issue a licence under this Act if—
40. General licence conditions
41. Amendment of a licence
42. Transfer, assignment, etc., of a licence or rights thereunder
43. Suspension or revocation of a licence
44. Application for renewal of a licence
45. Obligation to roll out
46. Individual licence
47. Scope of a class licenceThe Authority shall issue a class licence authorizing the operation or provision of electronic communications services, save for licences connected with any of the following—
48. Class licence to state terms and conditions of issuanceA class licence issued by the Authority shall state the terms and conditions upon which the licence is issued.
49. Sub-classificationThe Authority may, from time to time, sub-classify communication services under this Act, and such sub-classification shall be published in the Gazette.
50. Registration under a class licence
51. Establishment of new licence categoriesThe Authority may at any time establish a new licence category or, with reasonable notice, abolish an existing licence category.
52. Licence fees
53. Provision of essential services
54. Protection of subscriber information
Part IV – Economic regulation
55. Promotion of fair competition
56. Regulation of interconnexion, access, etc.The Authority shall regulate the implementation of interconnexion, access, co-location and infrastructure sharing, based on the catalogues, interconnexion agreements and framed tariffs enforced by licensees.
57. Market analyses and dominant market players
58. Obligations for dominant market playersThe Authority shall require any licensee found to be a dominant market player to—
59. Power to prevent anti-competitive practicesIf it appears to the Authority that a licensee is taking or intends to take any action that—
Part V – Interconnexion
60. Interconnexion agreements
61. Rules for interconnexion terminal ratesThe Authority shall make rules prescribing interconnexion terminal rates to be applied by all licensees when negotiating interconnexion agreements.
62. Interconnexion request
63. Negotiations in interconnexion agreements
64. Application for approval of interconnexion
65. Order to enter into an interconnexion agreement
66. Maximum interconnexion rates
67. Registration of interconnexion agreements
Part VI – Access to electronic communication networks
68. Access agreements, and access to electronic communication networks
69. Registration of access agreements
Part VII – Co-location and infrastructure sharing
70. Co-location and infrastructure sharing agreements
71. Request for co-location and infrastructure sharing
72. Registration of co-location and infrastructure sharing agreementsA co-location and infrastructure sharing agreement reached pursuant to this Part shall be submitted to the Authority for registration within fourteen working days from the date the agreement was signed by all the parties, and such agreement shall be open to inspection by the public at the premises of the Authority.
73. Disputes relating to interconnexion agreements, etc.
Part VIII – Regulation of tariffs
74. Setting or revision of tariffs
75. Justification for tariff setting or revision
76. Obligations of a licensee to publish approved tariffsA licensee shall, upon approval of the tariffs by the Authority—
77. Tariff registerThe Authority shall maintain a register of tariffs submitted by licensees, which register shall be open to the public for inspection on such terms and conditions as the Authority may determine.
78. Tariff reframing
79. Investigations on tariffsThe Authority may, on its own motion or following a complaint made by any person, investigate tariffs set up by a licensee for purposes of ensuring compliance with this Act.
80. Offences relating to tariffsAny licensee who contravenes any provision of this Part commits an offence and shall, upon conviction, be liable to a fine of K10,000,000 and imprisonment for ten years.
Part IX – Management of frequency spectrum
81. Management of frequency spectrum
82. National frequency allocation plan
83. Designation of frequency bands
84. Prohibition on transfer of frequency spectrumA licensee shall not transfer the right to use any frequency to a third party.
85. Frequency coordination
86. Power of entry and search
Part X – Regulation of electronic communication numbering
87. Regulation of electronic communication numberingThe Authority shall regulate all electronic communication numbering and ensure efficient use by—
88. National numbering plan
89. Assignment of numbers or blocks of numbers
90. Rights not to be transferredA person to whom a number has been assigned shall not transfer the rights to use that number to any third party.
91. Rules relating to number portability, etc.The Authority shall issue rules relating to—
Part XI – Registration of generic numbers and SIM cards
92. Registration of generic numbers and SIM cards
93. Distributors, agents and dealers to submit information to licensees
94. Sale or distribution of generic numbers or SIM cards
Part XII – Electronic communications equipment, appliances and devices
95. Technical and performance standards for equipment connected to a network
96. Approval of type of equipment to be connected to a network
Part XIII – Regulation of content services
97. Authority to regulate content services
98. Requirement of licence to provide content servicesA person shall not provide content services without a content licence issued by the Authority under this Act.
99. Types of content licencesThe Authority shall issue the following types of content licences—
100. Public content licences
101. Commercial content licencesThe Authority shall, when considering the granting of a commercial content licence, have due regard to the objectives set out in section 2, and in particular, shall take into account the following—
102. Community content licencesThe Authority shall, when considering the granting of a community content licence, have due regard to the objectives set out in section 2, and in particular, shall take into account the following—
103. Content licence not to be granted to entities that are political in natureThe Authority shall not grant a content licence to any political party, movement, organization, body, entity or alliance that is political in nature.
104. Limitations on foreign ownershipA person who is not a citizen of Malawi shall not, directly or indirectly—
105. Public content service fees
106. Restriction on subscription content servicesA subscription content services licensee shall not acquire exclusive rights that prevent or hinder the free-to-air broadcasting of Malawian sporting events of national importance, as may from time to time be determined by the Authority.
107. Examination of programmes by the Authority
Part XIV – The Malawi Broadcasting Corporation
108. Establishment of the Malawi Broadcasting Corporation
109. Public service obligations of the Malawi Broadcasting Corporation
110. Duties, functions and powers of the Malawi Broadcasting Corporation
111. Board of the Malawi Broadcasting Corporation
112. Appointment of members of the Board of the Malawi Broadcasting Corporation
113. Tenure of office and vacancies
114. Honoraria of members of the Board of the Malawi Broadcasting CorporationA member of the Board of the Malawi Broadcasting Corporation shall be paid, allowances and other benefits from the funds of the Corporation, as the Minister responsible for public service may, on recommendation of the Board, from time to time, approve.
115. Meetings of the Board of the Malawi Broadcasting Corporation
116. Committees of the Board of the Malawi Broadcasting Corporation
117. Director General and other employees of the Malawi Broadcasting Corporation
118. Funds of the Malawi Broadcasting Corporation
119. Accounts and audit
120. Annual reports
Part XV – Regulation of postal services
121. Power to make postal services rulesThe Authority may make rules describing types of postal services in terms of their nature, form, scope, mode of postage, technology used, service standards and attributes.
122. Licensing of postal services
123. Categories of postal licencesFor the purposes of this Act, the Authority shall issue the following categories of postal licences—
124. Allocation, management, etc., of addresses and postcodesThe Authority shall—
125. Terms and conditions of a public postal service licence
126. Financial services
127. Confidentiality of correspondence and integrity of postal articles
128. Postage stamps and postal charges
129. Philatelic materialsPhilatelic materials produced by a public postal licensee shall—
130. Exemption from postal charges
131. Delivery of postal articlesFor the purposes of this Act, a postal article is deemed to have been delivered if it is—
132. Certificate of posting
133. Undelivered and undeliverable postal articles
134. Contract for the transport of postal articlesA postal services licensee may enter into a contract with any entity providing a regular transport service within Malawi for the purpose of carrying postal articles.
135. Prohibited postal articlesA person shall not send by post—
136. Obligation of a licensee to inform the Authority of an illicitly posted article
137. Liability for lost, damaged, etc., postal articles
Part XVI – The Malawi Posts Corporation
138. Establishment of the Malawi Posts Corporation
139. Duties, functions and powers of the Malawi Posts Corporation
140. Board of the Malawi Posts Corporation
141. Tenure of office and vacancies
142. Honoraria of members of the Board of the Malawi Posts CorporationA member of the Board of the Malawi Posts Corporation shall be paid, allowances and other benefits from the funds of the Corporation, as the Minister responsible for public service may, on recommendation of the Board, approve.
143. Meetings of the Board of the Malawi Posts Corporation
144. Committees of the Board of the Malawi Posts Corporation
145. Postmaster General of the Malawi Posts Corporation
146. Other employees of the Malawi Posts Corporation
147. Funds of the Malawi Posts Corporation
148. Accounts and audit
149. Annual report
150. Exemption from liability of the Malawi Posts Corporation
Part XVII – Consumer protection
151. General principle
152. Obligations of licensees
153. Code of conduct
154. Compliance with relevant lawsEvery licensee shall, in the provision of its services under this Act, adhere to the provisions of the Consumer Protection Act, the Competition and Fair Trading Act, and information and communication technology consumer rights and obligations.[Cap. 48:10; Cap. 48:09]
Part XVIII – Universal service and access
155. Scope of universal service
156. Duties and functions of the Authority in relation to universal services and access
157. Establishment of the Universal Service FundThere is hereby established the Universal Service Fund which shall be managed by the Authority, and shall become operational on such date as the Minister shall appoint, by notice published in the Gazette.
158. Purpose of the Universal Service Fund
159. Establishment and composition of the Universal Service Fund Committee
160. Financing of the Universal Service FundThe Universal Service Fund shall be financed through—
161. Tenure of office for membersMembers of the Universal Service Fund Committee shall hold office for a period of three years, and shall be eligible for re-appointment to one more term.
162. Rules of the Universal Service Fund CommitteeThe Authority shall develop rules relating to the functioning of the Universal Service Fund Committee, which may include the following—
163. Functions of the Universal Service Fund CommitteeThe Universal Service Fund Committee shall be in charge of—
164. Selection of universal service licensees
165. Obligations of licensees in relation to universal service licence
166. Accounting and reporting obligations for universal service licensees
Part XIX – Electronic monitoring and enforcement
167. Establishment of electronic monitoring systemThe Authority shall use the appropriate technology to establish, install, and maintain an electronic monitoring system to monitor the activities of licensees to ensure and enforce compliance with this Act and licences issued by the Authority:Provided that a system shall not be used for monitoring actual content of communication, network traffic or for any other purpose other than for its monitoring mandate under this Act.
168. Licensee’s obligation to connect with electronic monitoring systemWhere the establishment of the electronic monitoring system requires connexion between the system and a licensee’s network, the licensee shall co-operate with the Authority to ensure that it provides appropriate interface sites between the Authority’s electronic monitoring system and the licensee’s network to ensure direct submission of data to the monitoring system.
169. Monitoring in accordance with the ActThe Authority shall carry out electronic monitoring in accordance with this Act and regulations made under this Act.
170. Contravention of licensee’s obligations
Part XX – Complaints and disputes
171. Lodge of complaints and disputes
172. Dispute resolution techniques
173. Compliance orders
174. Appeals against orders of the AuthorityA person who is not satisfied with an order of the Authority may appeal to the High Court within thirty days from the date the order was made.
Part XXI – Offences
175. Use of communication services without paymentA person who uses an electronic communications service without paying for the applicable charge commits an offence and shall, upon conviction, be liable to a fine of K1,000,000 and imprisonment for two years.
176. Unlawful intercept
177. Disclosure of contentA licensee, an employee or agent of the licensee, who—
178. Sabotage and theft
179. Interference with transmission of electronic communicationsA person who, without lawful cause, interferes with or obstructs the transmission or reception of any electronic communications, commits an offence and shall, upon conviction, be liable to a fine of K1,000,000 and to imprisonment for two years.
180. Transmission of prohibited articlesA person who sends by post any postal article or thing which is injurious, indecent or prohibited under this Act commits an offence and shall, upon conviction, be liable to a fine of K5,000,000 and imprisonment for five years.
181. Operation of a postal service without a licenceA person who operates a postal service without a licence issued by the Authority commits an offence and shall, upon conviction, be liable to a fine of K1,000,000 and to imprisonment for two years.
182. Conveyance of a postal article without a licenceA person who—
183. Damaging letter boxesA person who—
184. Opening of postal articlesA person who unlawfully—
185. Disclosure of contents of postal articlesA person who unlawfully reveals, discloses or in any way makes known the contents of any postal article that is opened in accordance with this Act commits an offence and shall, upon conviction, be liable to a fine of K1,000,000 and imprisonment for two years.
186. Fake stampsA person who—
187. Provision of broadcasting services without a licence
188. ImpersonationA person who falsely holds himself out to be—
189. General offences by a licenseeA licensee who—
190. General penaltyA person who commits an offence under this Act for which no punishment has been provided for in this Act shall, upon conviction, be liable to a fine of K5,000,000 and imprisonment for five years.
Part XXII – Transitional and miscellaneous provisions
191. Unbundling of, and access to, essential facilities
192. Supervision by the Authority
193. Access to public or private land
194. Transparency of the AuthorityThe Authority shall be open and transparent in its operations and shall, in this regard—
195. Enforcement orders and sanctions
196. Appeals against decisions of the AuthorityA licensee aggrieved by a decision of the Authority made under this Act may, within thirty days of receiving the order, apply to the High Court for judicial review of the decision.
197. Joint and vicarious liability
198. Initiation of court actionA consumer of communication services or products, a recognized consumer organization, or any aggrieved entity, may initiate court action against any licensee for an offence committed against the consumer, the consumer organization or the entity, provided that the consumer, the consumer organization or the entity has previously filed a complaint with the Authority, and is not satisfied with the decision of the Authority.
199. Code of conduct
201. Power to make rules
202. Consultations with interested parties
203. Repeal and savings
204. Transitional provisions
205. Legal proceedingsAny legal proceedings commenced immediately before the coming into force of this Act by or against the Malawi Communications Regulatory Authority, the Malawi Broadcasting Corporation, or the Malawi Posts Corporation established under the repealed Act, shall be deemed to have been commenced by or against the Authority, the Malawi Broadcasting Corporation, or the Malawi Posts Corporation, respectively established under this Act.
206. Transfer of assets, funds, liabilities, etc.
207. Transfer of employeesUnless the Authority, the Malawi Broadcasting Corporation, or the Malawi Posts Corporation otherwise determines, all persons who, immediately before the commencement of this Act, were employed by the Malawi Communications Regulatory Authority, the Malawi Broadcasting Corporation, or the Malawi Posts Corporation established under the repealed Act shall, on the commencement of this Act, be deemed to have been transferred to the employment of the Authority, the Malawi Broadcasting Corporation, or the Malawi Posts Corporation, respectively established under this Act, on terms and conditions of service not less favourable than the terms and conditions of service with the Malawi Communications Regulatory Authority, the Malawi Broadcasting Corporation, or the Malawi Posts Corporation, respectively established under the repealed Act, and, for the purpose of determining their rights thereunder, their services shall be regarded as being continuous from the time they were employed, respectively, by the Malawi Communications Regulatory Authority, the Malawi Broadcasting Corporation, or the Malawi Posts Corporation, established under the repealed Act.
History of this document
01 June 2017