In most cases, Information and Communication Technology, comes in as an alternate to already existing media or technology which it replaces for efficiency.
In most cases as well the replaces media or technology is already regulated.
Every Act in the Laws of Malawi has a provision for inclusion or exclusion of issues that are regulated by it.
What seems to be missing, is the recognition of Information and Communication Technology as when used within the context the acts are regulated.
Issues of recognition of material available electronically, eg, sms, email, documents as evidence, dwells much on proofing that this evidence is not forged. Otherwise, they should be no reason why an sms or email can't be evidence.
The proofing of documents in electronic form is subject matter of cryptography. The creation of such proofable documents is subject matter of cryptography as well. The recognition of such as fit for evidence is subject of cryptography as well.
For lack of this proofing skills most lawyers shun cases to involving electronic materials and information technology. And judges as well shun these for its a similar headache.
In other countries, the courts involve experts in fields of speciality. In malawi as well, were it concerns, psychological or medical proofing the courts have from time to time involved medical doctors, psychologists, psychiatrists, to have have a say on the subject matter of evidence in the case.
Matters involving information and communication technology could involve experts in the field as well.
To sell myself, I am a cryptographer. I would be glad to work on such a case that would require my expertise.