Zimbabweans blast government over WhatsApp licences

A wave of backlash has erupted across Zimbabwe following the government's announcement of new regulations requiring WhatsApp group administrators to obtain licenses and comply with stringent data protection laws. The policy, introduced by ICT Minister Tatenda Mavetera, mandates that group administrators appoint data protection officers, pay fees ranging from US$50 to US$2,500, and adhere to a host of new compliance requirements.

Opponents have quickly labeled the policy as an attack on privacy and free speech, with several activists, economists, and media practitioners condemning it as overly restrictive and invasive. The regulations are viewed as a significant barrier for those running informal social, community, and even family groups, many of which have become vital in Zimbabwean social life.

Linda Masarira, president of the opposition party LEAD, voiced strong concerns, describing the move as an affront to Zimbabweans' fundamental right to freedom of expression. "This will discourage the creation of such groups, stifling informal networks that are essential to our daily lives," Masarira said. "WhatsApp's end-to-end encryption has been a safe space for citizens to share ideas, but these new regulations will create a chilling effect, where people will self-censor out of fear of punishment."

Masarira also pointed out that the steep fees and bureaucratic requirements, including the appointment of data protection officers, create significant hurdles for citizens trying to run non-commercial groups. "The cost implications will particularly affect grassroots movements, religious discussions, and essential social clubs. It's not just an economic burden; it's a cultural one."

Vince Musewe, an economist, was equally critical, calling the regulations "ridiculous" and questioning their purpose. "If I want to create a group for my church, I would now need ministerial approval. It's absurd to suggest that even a family group could require government permission," Musewe remarked, adding, "Are we expected to arrest the whole country for non-compliance?"

WhatsApp group administrators have also expressed concern about the potential liability they face under the new regulations. Many are anxious that they could be held accountable for posts made by others within their groups, leading to self-censorship and stifled conversations. One administrator highlighted the serious implications of this change: "What if admins are held liable for posts they didn't see or approve? It could completely disrupt how we communicate."

Legal and media experts have also raised alarm about the ambiguity in the regulations. Mlondolozi Ndlovu, a media practitioner and lawyer, warned that the requirement to obtain a license and appoint a data protection officer may infringe on Zimbabweans' constitutional rights to freedom of expression and media freedom. "This move could very well be overstepping the government's bounds. It could significantly undermine the open exchange of ideas, especially in spaces like WhatsApp, which are often the last free platforms for discourse," Ndlovu said.

He also highlighted the vague language in the regulations, which fails to clarify key terms such as "data collectors" and "other benefit." Ndlovu warned that the broad and unclear terminology could lead to inconsistent application of the law, making it difficult for citizens to understand their obligations and potentially leading to unfair enforcement. "The regulations lack clarity and could lead to misinterpretations, creating more confusion and fear among users," he explained.

The regulations have sparked widespread concern over their potential to stifle digital communication, particularly among ordinary Zimbabweans who use platforms like WhatsApp for personal, social, and community-based purposes. While government officials argue that the regulations are necessary for data protection and cybersecurity, critics remain unconvinced, pointing out that the laws could disproportionately affect average citizens rather than enhancing privacy.

Despite the controversy, some legal experts acknowledge the importance of protecting personal data in the digital age. "While the aim of these regulations is to enhance data protection, they need to be more balanced and transparent. Clear guidelines, reasonable fees, and safeguards are essential to ensure that citizens' rights are respected," Ndlovu added.

As the debate continues, Zimbabweans remain divided over the balance between cybersecurity and freedom of expression, with many questioning the true motives behind the new policy.