Database

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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 are reported in Mali. These include:
- Following a demonstration in 2016, it is 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 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 and messaging apps WhatsApp and Messenger were restricted with 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

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 sector

MALI

Since May 2016

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Law No. 2016-012/ of May 6, 2016 relating to electronic transactions, exchanges and services (Loi No. 2016-012/ Du 6 Mai 2016 relative aux Transactions, Echanges et Services Electroniques)
According to Art. 78 of Law No. 2016-012/ of May 6, 2016, relating to electronic transactions, exchanges, and services. 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 information. 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 May 2016

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 2016-012/ of May 6, 2016 relating to electronic transactions, exchanges and services (Loi No. 2016-012/ Du 6 Mai 2016 relative aux Transactions, Echanges et Services Electroniques)
According to Art. 78 of Law No. 2016-012/ of May 6, 2016, relating to electronic transactions, exchanges, and services. 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 information. 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

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements committing to open cross-border data flow transfers
Mali has not joined any free trade agreement committing to open cross-border data flow transfers.
Coverage Horizontal

MALI

Since May 2013, last amended in December 2017

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Law No. 2017-070 of December 18, 2017 amending Law No. 2013-015 of May 21, 2013 on the protection of Personal Data in the Republic of Mali (Loi No. 2017-70 du 18 décembre 2017 portant modification de la Loi No. 2013-015 du 21 mai 2013 portant protection des données à caractère personnel en république du Mali)
Mali has legislation for the protection of personal data. The Law No. 2017-070 of 18 December 2017 amending Law No. 2013-015 of 21 May 2013 on the protection of Personal Data in the Republic of Mali governs the sector. Also, the country has a Personal Data Protection Authority (APDP), provided for by this law in force.
Coverage Horizontal

MALI

Since May 2013, last amended in December 2017

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 2013-015 on the Protection of Personal Data (Loi No. 2013-015 du 21 mai 2013 portant protection des données à caractère personnel en république du Mali)
According to Art. 11 of Law No. 2013-015, Mali authorizes the transfer of personal data to a foreign State when:
- The receiving State ensures a sufficient level of protection of individuals, indicated by the Authority in charge of the protection of personal data, due to its domestic legislation or commitments made at the international level and that these measures are effectively implemented.
- By decision of the Authority in charge of the protection of personal data, when the transfer and processing by the recipient of the personal data ensures a sufficient level of protection of privacy, as well as of the fundamental rights and freedoms of individuals, in particular, due to the contractual clauses or internal rules to which it is subject.
Coverage Horizontal

MALI

Since May 2013, last amended in December 2017

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 2013-015 on the Protection of Personal Data (Loi No. 2013-015 du 21 mai 2013 portant protection des données à caractère personnel en république du Mali)
Pursuant to Art. 9 of Law No. 2013-015, the processing of sensitive data, understood as any data of a personal nature relating to religious, philosophical, political, or trade union opinions or activities, sex, race, health, social measures, prosecutions, and criminal or administrative charges, is prohibited. However, sensitive data may be processed with appropriate safeguards defined by the Authority in charge of personal data protection if the data is necessary or used to safeguard the person's life, used by a non-profit organisation, or in the context of a judicial action.
Processing of personal data is defined as any operation or set of operations carried out by means of automated or non-automated processes and applied to data, such as collecting, exploiting, recording, organizing, storing, adapting, modifying, retrieving, saving, copying, consulting, using, communicating by transmission, disseminating or otherwise making available, bringing together or interconnecting, as well as blocking, encrypting, deleting or destroying personal data.
Coverage Horizontal

MALI

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Mali has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

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 July 2009

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Telecommunications Company of Mali (SOTELMA) or Sotelma-Malitel has been privatized. It operates under the brand Moov Africa Malitel whose services are: landline, mobile, Internet and electronic money (Mobicash). The supplier (Maroc Telecom Group) holds 51% and the Malian State (49%) of participation.
Coverage Telecommunications sector

MALI

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Mali mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

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

MALI

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Mali to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

MALI

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the 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

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