Database

Browse Database

MALI

Since May 2016

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 2016-012/ of 6 May 2016 relating to Electronic Transactions, Exchanges and Services (Loi No. 2016-012/ Du 6 Mai 2016 relative aux Transactions, Echanges et Services Electroniques)
Law No. 2016-012/ of May 6, 2016, relating to electronic transactions, exchanges, and services, establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 78 of the Law, when offering a service that involves transmitting information via a communication network or facilitating access to it, the service provider bears no responsibility for the transmitted data. This exemption applies as long as the provider meets specific criteria: they are not the source of the transmission, do not choose the recipient of the information, and do not select or modify the content being transmitted. The transmission and access provision activities referred to in the first paragraph of this article include the automatic, intermediate and transient storage of the information transmitted, provided that this storage is used exclusively for the execution of the transmission on the communication network and that its duration does not exceed the time reasonably necessary for the transmission.
Coverage Internet intermediaries

MALI

Since September 2011

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Ordinance No. 11-023/P-RM of September 28, 2011 relating to telecommunications and information and communication technologies (Ordonnance No. 2011-023 P-RM du 28 septembre 2011 relative Aux Télécommunications et aux Technologies de l'Information et de la Communication)
The operators of telecommunications networks open to the public and telecommunications/ICT service providers are required at the time of subscription to proceed with the identification of subscribers under (Art. 9) of Ordinance No. 11-023/P-RM of 28 September 2011 relating to telecommunications and information and communication technologies.
Coverage Telecommunications service providers

MALI

Reported in 2016, last reported in 2022

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking and filtering of commercial web content
Several cases of web content blocking have been reported in Mali. These include:
- Following a demonstration in 2016, it was reported that access to social networks (Twitter and Facebook) was interrupted. Viber and WhatsApp also experienced disruptions;
- Social media was reportedly shut down in June 2018 following demonstrations;
- In July 2018, during the presidential elections, it was reported that social networks were inaccessible. A WhatsApp and Twitter block was reported, along with two circumvention tool sites (guardianproject.info and anonymizer.ru);
- Social media and messaging were partially blocked for five days in July 2020 amid protests. Social networking platforms Twitter and Facebook, as well as messaging apps WhatsApp and Messenger, were restricted by Mali's leading private operator, Orange Mali. The cellular network of national telecom operator Malitel also restricted Instagram. Filtering was also comprehensive, with indications of near-total impact. The Internet measures were implemented at the ISP level, with each company applying them differently;
- The French broadcasters RFI and France 24 were definitively banned in April 2022.
Coverage Social media and French broadcasters RFI and France 24
Sources

MALI

Reported in 2024

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Mali for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal

MALI

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Malian Authority for the Regulation of Telecommunications and Posts (AMRTP), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

MALI

Since September 2015

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 2015‐604/P‐RM of September 25, 2015 on the Code of Public Procurement and Public Service Delegations (Décret No. 2015‐604/P‐RM du 25 septembre 2015 portant Code des marchés publics et des délégations de service public)
According to Art. 76 of Decree No. 2015-604/P-RM, a preference shall be given to the tender submitted by a community company. A community company is defined as a company whose head office is located in a member state of the West African Economic and Monetary Union (WAEMU). This preference must be quantified in the form of a percentage of the bid amount up to 15%. The terms and conditions of the application of community preference, particularly with regard to the types of acquisition concerned and their beneficiaries, are determined by the WAEMU Commission.
Coverage Horizontal

MALI

Since May 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 2018-0473/PM-RM of May 28, 2018 adopting measures orientation of public ordering towards small and medium-sized companies and national production (Décret No. 2018-0473/PM-RM du 28 mai 2018 portant adoption de mesures d'Orientation de la Commande Publique vers les Petites et Moyennes Entreprises et la Production Nationale)
Art. 5.2 of Decree No. 2018-0473/PM-RM provides that in the case of a contract awarded by a decentralised authority or one of its public establishments, a contract applicant who plans to subcontract at least 30% of the overall value of the contract to a Malian company, a Malian artisan or a Malian artisanal company, may benefit from a margin of preference not exceeding 5%, which may be added to the Community's right of preference under public procurement regulations. Also, the Decree states that the contracting authorities must ensure that a proportion of public contracts are subject to competition between Small and Medium-sized Enterprises (Art. 5.4). On the other hand, according to Art. 11.1, a margin of preference of 25% is granted to products of Malian origin and/or to companies under Malian law whose capital is majority-owned by nationals for all types of contracts whose amounts do not reach the thresholds of public procurement. Furthermore, according to Art. 11.3, without prejudice to the provisions relating to national preference, when awarding a public contract or a public service delegation, a preference of 5% is given to the bid submitted by a craftsman or craft company with a fixed base or permanent establishment in Mali. This artisanal preference rate is cumulative, with a national preference rate of 15%, as referred to in Art. 11.1.
Coverage Horizontal

MALI

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Mali is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

MALI

Since February 2012

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Law No. 2012-016 of 27 February 2012 on the Investment Code (Loi No. 2012-16 du 27 février 2012 portant Code des Investissements)
Art. 6 of Law No. 2012-016 provides that foreign investors receive the same treatment as investors of Malian nationality subject to provisions contrary to the laws or treaties and agreements concluded by the Republic of Mali with the States of which they are nationals. They may freely any share of equity of the company they plan to create, subject to the provisions applicable to the sectors of activity which are subject to specific regulations.
Coverage Horizontal

MALI

Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organisation Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Mali, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the profession of Authorised Agent before the OAPI.
Coverage Horizontal

MALI

Since October 1984

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Mali is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

MALI

Since March 1977, as amended in December 2015, entry into force in November 2020
Since June 2017

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Law No. 2017-012 of 01 June 2017, Laying Down the Regime of Literary and Artistic Property in the Republic of Mali (Loi No. 2017-012 du 01 juin 2017 fixant le régime de la propriété littéraire et artistique en République du Mali)
The Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Mali and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. In addition, Chapter IV of Title I of Law No. 2017-012 also provides for limitations on copyrights.
Coverage Horizontal

MALI

Since April 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Mali has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

MALI

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Mali has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

MALI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Mali does not have comprehensive trade secret legislation. Yet, there are provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement ratified by 17 French-speaking States, including Mali, since 2002.
Coverage Horizontal

Report issue     Report new measure