For an explanation of how to read this resource, please refer to the guide at the bottom.
AI Regulation
There is no regulation specifically governing AI in the country.
Definitions of AI
As the country is yet to establish AI regulations, there is no formal definition of AI.
Core Principles
As the country is yet to establish AI regulations, there is no formal statement of core AI principles.
Public Consultations
Based on publicly available information, we have not found evidence of invitations for public input on AI governance in the country.
Existing Legal Framework
A non-exhaustive list of regulations that might affect AI in the country includes:
- Constitution of Malawi1
- Malawi 20632
- Digital Economy Strategy 2023-20283
- National Digitalization Policy (2023-2028)4
- National Cybersecurity Strategy, dated October 20195
- Communications Act, 2016 (Act No. 34 of 2016)6
- Electronic Transactions and Cyber Security Act, 2016 (Act No. 33 of 2016)7
- Data Protection Act, 2024 (Act No. 3 of 2024)8
- Consumer Protection Act, 20039
Human Rights
The UDHR was adopted by the UN General Assembly on 10 December 1948. Its principles are considered universal and applicable to all UN member states. As a member of the UN, Malawi has committed to upholding the principles of the UDHR. The Constitution of Malawi outlines various principles of national policy, including as relates to healthcare (Article 13).10 It also includes provisions that protect fundamental human rights, such as Article 21, which guarantees the right to privacy (protection from searches of person, home or property, from seizure of private possessions, and from interference with private communications). Other protections include the rights to life (Article 16), dignity (Article 19), equality and non-discrimination (Article 20), education (Article 25), work (Article 29), and freedom of expression (Article 35). Malawi has ratified several key international human rights instruments, including the ACHPR, ICCPR, and ICESCR. However, the country has not signed or ratified the Malabo Convention.
Regulators
A non-exhaustive list of regulators that might impact AI in the country includes:
- Ministry of Information and Digitalization11
- Malawi Communications Regulatory Authority (MACRA)12
- National Commission for Science and Technology (NCST)13
- Malawi Bureau of Standards (MBS)14
- Malawi Human Rights Commission (MHRC)15
R&D and Multi-Stakeholder Initiatives
The Centre for Artificial Intelligence and STEAM (CAIST), located within the Malawi University of Science and Technology, was established in 2023 with technical and educational support from United States institutions, including Baylor College of Medicine, Clemson University, Colorado University, Georgia Southern University, Mercer University, Morehouse College, New York University, and Texas Tech University.16
Professional/Industry Associations
Based on publicly available information, we have not found evidence of professional or industry associations dedicated to AI in the country.
Advisory Bodies and Expert Groups
Based on publicly available information, we have not found evidence of advisory bodies or expert groups dedicated to AI in the country.
Guide
- AI Regulation: The term "regulation", as used in this resource, encompasses measures ranging from binding laws to national AI policies and strategies, government proposals, advisory guidelines, and industry standards that address AI systems and their implications.
- Existing Legal Framework: This section outlines the relevant legal framework, excluding any AI-specific regulations presented in the initial section.
- Human Rights: The following terms have the stated meanings: "ACHPR" means the African Charter on Human and Peoples’ Rights, "ICCPR" means the International Covenant on Civil and Political Rights, "ICESCR" means the International Covenant on Economic, Social and Cultural Rights, "Malabo Convention" means the African Union Convention on Cyber Security and Personal Data Protection, "UDHR" means the Universal Declaration of Human Rights, and "UN" means the United Nations. Any reference to an “Article” or “Section” of the Constitution is to the version of the Constitution referenced herein.
- Advisory Bodies and Expert Groups: This section excludes legislative and parliamentary committees.
