African Media Barometer Malawi 2008 Sector 1: Freedom of expression, including of the media, are effectively protected and promoted 1.1 Freedom of expression, including of the media is guaranteed in the Constitution and protected by other pieces of legislation ANALYSIS: Section 35 of the Republic of Malawi Constitution guarantees freedom of expression, stating that:“Every person shall have the right to freedom of expression”. Section 36 of the same warrants that:“The press shall have the right to report and publish freely in Malawi and abroad, and to be accorded the fullest possible facilities for access to public information”. Section 37 of the Constitution which states that:“Subject to any Act of Parliament, every person shall have the right to access all information held by the State or any of its organs at any level of Government in so far as such information is required for the exercise of his rights”. This section is intended to promote access to information. There have been efforts to enact a Bill for Access to Information which obliges public officers to give information to the public. The Bill, once made into law, will constitutionally safeguard access to information by all citizens. SCORES: Individual scores: Average score: 1.2 4, 4, 4, 3, 4, 4, 4, 4, 4 3.9 (2006 = 2.5) The right to freedom of expression is practised and citizens, including journalists are asserting their rights without fear ANALYSIS: The right to freedom of expression can be increasingly witnessed in the repertoire of different artists who freely comment on contemporary issues in society. The works of these artists enjoy media attention as much. The media have taken opportunity of the same freedom to mount provoking Talk Shows which tend to involve people in the rural areas and on the fringe of businesses. The media have also gathered and disseminated information to the public that is politically sensitive as to arouse the concern of politicians who had not been used to scrutiny and satire before. So This Is Democracy? 2008 -178- Media Institute of Southern Africa