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The Minister is right, there’s no $2500 fine for unlicensed WhatsApp groups, it’s $1000 and 7 years imprisonment

There’s never a shortage of drama in Zimbabwe and the latest involves the Minister of ICT, Tatenda Mavetera. She said something that affects the all-important WhatsApp and tempers flared across the country.

This is an excerpt of the quote the got the country’s blood boiling:

The time is ticking for organisations that collect first party data, as you are required by law to have a data protection licence and the license fees range from $50 to $2500…

Even churches who collect personal data ought to have such a licence and appoint a DPO. Whatsapp group admins are not spared too, if your groups are meant for business, you should as well obtain a licence. Failure to comply attracts penalties.

As you would imagine, Zimbabweans did not like this one bit and there was plenty of commentary on it. The Minister then came back with some clarification:

False claim of USD 2500 penalties for WhatsApp Group Administrators

I would like distance myself from the malicious fake news of intentions by government to licence or penalise WhatsApp Groups or Administrators of any social media platform/s USD 2500.

This claim is not applicable especially to players who do not collect and process Personally Identifiable Information (PII) for commercial or business use.

Personally identifiable information (PII) is any type of data that can be used to identify someone, from their name and address to their phone number, passport information and I.d number.

The public is encouraged to disregard this notice with the uttermost discontent it deserves as it is inconsistent with our legal provisions as espoused in Statutory Instrument (SI) 155 of the 2024 Cyber and Data Protection (Licencing of Data controllers and Appointment of Data Protection Officers) Regulations.

On my LinkedIn post I never expressed any intentions to licence or penalise WhatsApp groups or Administrators of any social media platform/s which do not collect and process (Personally Identifiable Information (PII) for commercial or business use…

Where are you getting $2500?

Let’s be fair on this. I will assume that there were people who misunderstood the original post and assumed it meant there would be $2500 fines for using WhatsApp groups without a data protection licence.

The original post and a reading of the relevant Statutory Instrument said data protection licence fees ranged from $50-2500. We went through how much you should expect to pay for your bussiness-focused WhatsApp group here.

That’s not to say the penalty for not having the licence is $2500. It’s clear that this is where the confusion came from. The $2500 is the licence fee for data controllers that collect data for over 500,000 people.

No WhatsApp group is that big. Instead, most WhatsApp groups (for business use) will pay $50 for a group of less than 1000 people.

However, this doesn’t mean there won’t be penalties. In fact, Individuals or entities that process personal information without a data controller licence may face a fine up to level 11 or imprisonment for up to seven years, or both.

Chapter 3(3) of the Statutory Instrument 155 of 2024 says:

Any person who processes personal information in terms of this section without a data controller licence within the stipulated time frames shall be guilty of an offence and liable to a fine not exceeding level 11 or to imprisonment for a period not exceeding seven years or to both such fine and such imprisonment.

It’s just $1000 and 7 years in jail

A level 11 fine is up to $1000. So, we’re talking possibly being fined $1000 and spending 7 years in jail for running a 50-member WhatsApp group.

Yes, that includes WhatsApp group admins for groups of over 50 people. That’s because phone numbers are considered personal information. The Minister rightly says Personally Identifiable Information includes phone numbers and that’s why WhatsApp groups will be affected.

So, when the Minister says she is distancing herself from the statement that people are being charged $2500, she can honestly say that.

However, she should have gone on to explain that it’s just $1000 and 7 years imprisonment. I don’t see how that’s any better than the $2500 fine she is distancing herself from.

The Minister says she never expressed any intentions to licence or penalise WhatsApp groups or Administrators of any social media platform/s which do not collect and process (Personally Identifiable Information (PII) for commercial or business use.

However, the law she is standing on says they can or rather should be penalised. I don’t think you will be able to protest in court that the Minister said she never expressed intentions to licence or penalise you.

If the law applies, you will have no recourse, regardless of what the Minister says. The law is clear, WhatsApp admins should be punished. So rather than distance herself from obvious mistakes in the commentary, she should grapple with the meat of the SI in question.

It’s ridiculous and she should say that and maybe help get the ball rolling on getting the law amended.

Anyway, that’s what I think of the whole fiasco. Do chime in if you have thoughts on this.

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16 Comments

  1. Operations Manager E. M.

    Personally, I think this law is overly harsh and unnecessary. As whatsApp group admins we shouldn’t face such severe penalties. We are quite aware that phone numbers are considered personal information. The Minister should reconsider this law and its implications on citizens’ freedom of expression and access to information.

    I’m currently concerned with the imposed excessive penalties. Clearly $1000 and 7 years imprisonment is too much of a penalty for WhatsApp group admins. I mean, we just regular people doing regular business. This is restriction of freedom. I’m sure you can all attest that this law could potentially restrict citizens’ freedom of expression and access to information. It also affect small businesses and individuals like myself who are basically trying to earn a living.

    I think it’s best if they reconsider the statutory instrument and its implications and engage citizens and stakeholders in discussions about data protection and privacy and also implement more reasonable penalties for data protection offenses.

  2. Cobra Commando💀✖️

    When do IP addresses runout guys, we should be at 1Pv6 by now. Haven’t been tracking international tech news for a while, perhaps went global again.

    The story is when the internet was created it was meant for military use. Sir Tom Berners Lee* then created HTML so ordinary people could use it.

    The inherent flaw, not really a flaw but the thinking was not many devices would need it, then came the data explosion, then we started running out of IP addresses. The new ones look strange though but they won’t, fingers crossed run out, at least thats the thinking.

    Regular IP: 5.185.145.139

    IPv6: 5n.18a.bb8.3fd…or something like that, its confusing but necessary.

    • Garikai

      1) We have covered this here on Techzim.
      2) We are not about to run out, we ran out.
      3) Zimbabwe already uses IPv6. Liquid does although some ISPs just block it.

  3. Nico

    This will all be rendered moot when WhatsApp introduces user names. The solution in the mean time may be to switch groups over to telegram, since it already has usernames, and you can join a group without your number being known. It was a cute plan though.

  4. Cobra Commando💀✖️

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  5. Cobra Commando💀❌

    Might I also add 7 years in a maximum security prison might not be that bad after all.I can only imagine the stories those inmates would share.Someof them were incarcerated but are innocent.The meals not for gratification but for sustinence.

    The trading in cigarettes,the sculpting of chess pieces from sadza,the lack of vitamin D,the prison uniforms,the sketchy guards selling cellphones,the commissary,the snacks from visitors gold in the pen.

    It’s really a different life in there and sampling it for 7 years might be too much but a year or two I’d survive.

    I’ll follow you everywhere.

  6. The Silent Observer

    That law may not actually be waiting for ordinary groups but of a certain political party so as to tap into their conversations, get their numbers and names and addresses for easier access when the party wants to stage a rally, private meeting or demonstration. All other groups will not be affected.
    Mark my post.

  7. Always Off Topic

    What’s happening to the world, here we have Vene and his crew, on the other side of the planet there is Trump and his crew, then there is Putin trying to convince everyone he’s still got game, while the Chinese quietly takeover of the world. It feels like silly season came back with a vengeance.

  8. System manager@yomall

    This is all unnecessary and unprofessional, what if you are just a teenager try to start a small business??. This will drive more citizens out of the country.

  9. Maladministration

    We have to deak with a gvt focused on censorship and micromanaging breadcrumbs. Any smart minister would have figured out how dumb the idea of managing whatsapp groups and taxing them is. Regardless of it being the law, it exposes the level of a person’s smarts and where some lights are dim or rarely turn on. Mavetera’s high-school kind of argument betrays her wits, if any she had. And it made me think under the present gvt which female minister has ever exhibited something plausible, that would have her set apart from the mediocrity that we are seeing today

  10. Cobra Commando💀✖️

    Vineyard WhatsApp Group🍇

    I have just seen an aeroplane going full throttle over Sparta ^, unmarked underbelly, heading South East.

    I don’t know of many routes going South East, if it continues in that direction it will get to Maputo, not OR Tambo.

    Air Zimbabwe, brace yourself! We need an expansion into regional routes linked to the African Free Trade Area, the closer ones first.

    For planes I know you guys can come up with something even if they call them bhero oro lease or hire purchase.

    I cannot get my head around that there is no direct flight to Maputo…

    Maputo🇲🇿
    Kinshasha🇨🇩
    Lilongwe🇲🇼
    Luanda🇦🇴
    Lusaka🇿🇲

    Air Zimbabwe Regional Jet 🚀🇿🇼

    50 and 200 seaters mixed?

    Embraer
    Bombadier
    …..? —-> +-14 years Local Variant.

  11. Anonymous

    Adapt and move on. If Whatapp does not fit your needs consider another platform that does meet your needs. Whatsapp with usernames????

  12. Cobra iComms 💻

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  13. Cobra iComms 💻

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  14. Cobra Commando💀✖️

    Hannibal from Tunisia went to war with Elephants, Bees, Snakes and a mixed race army, very unconventional at the time, but he was effective until the last moment, not sure what happened but he left Rome unsacked. Off course he was to pay for this, there is a video game about this, Rome Total War. I played the previous Total War version, Napoleon. Immerse game, very tactical.

    One of my versions of artillery fire. Mamba cocktail, large clay pot, live black mambas on an air cushion of something to break the fall. Then you write a little note inside. Then your hurl 100 pissed Black Mambas into an enemy camp at night. Crash, the clay pot breaks! Ma1 atanga, just listen to the pandemonium, take a video for posterity.

  15. Internet Mafia

    The minister should not be the one ahead of this, it should be Potraz. They are the ones dealing with implementation, monitoring and compliance. According to them they will not be focusing on social media. It has been asked and they said so. Now it looks like they are keeping quiet to save face for the minister who keeps talking out the side of her neck. She spoke on a issue she was not well versed with. Instead of making high level comment she went into specifics which I doubt she knows much about and it shows.

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