and freedom of association. Section 37 actually obliges public institutions (subject to an act of parliament) to assist the media in obtaining public information. Other than the constitution, the Communications Act of 1998 is the major media law in the country, and it provides for the existence of the Malawi Communications and Regulatory Authority (MACRA). The Parliamentary and Presidential Elections Act (1993) and the Local Government Elections Act (1996) also provide for freedom of expression and guide media performance during elections. MACRA’s major role is to regulate broadcasting, telecommunications, radio frequency use and postal service provision, but its performance has raised many questions. Legal experts have noted that the Communications Act (1998) has serious flaws that politicians can use to prevent the free flow of information. Although section 4(3) gives MACRA operational independence and excludes members of parliament, government ministers, and party stalwarts from its board, the Secretary to the President and Secretary for Information are ex officio members of MACRA; the President appoints the board and its chair; and the Minister of Information appoints the Director General and approves the appointment of his/her deputy. This scenario has the potential to compromise MACRA’s independence. Its wrangle with, threats against and eventual closure of MIJ radio on May 23 2004 proves that MACRA can easily succumb to political pressure. Access to information The fact that Malawi does not have an Access to Information Act to oblige public officers to provide information to the media means public officers may deny the media critical information and deliberately land them in trouble or limit the public’s right to be informed. In the absence of such an act, journalists battle to obtain information critical to their work and the nation’s right to know what government does. Furthermore, legal experts have identified some 40 laws on Malawi’s statute books that are inconsistent with the constitution and may damage media practice in Malawi. Politicians have been lobbied for more than 10 years to change these laws, to no avail. Considering the amount of groundwork and lobbying MISA Malawi did in 2004/5 on the Access to Information Bill, it was a surprise that such a bill was not even tabled in parliament in 2005; thus proving that parliament has different priorities from those of the media. Although the absence of an Access to Information Act means no public office is obliged to give information, in 2005 journalists had negligible problems in accessing information as the army, police, prisons, and most government institutions have public and media relations officers who speak on behalf of their organisations and periodically brief journalists. Unlike 2004, 2005 passed peacefully, with MACRA acting like a peace envoy among broadcasters, and hence, leading to the formation of the Malawi Broadcasters Association (MABA). Defamation The existence of defamation and other anti-media laws has long been a threat to media freedom. From 1994 to 2004 over 10 newspapers, radio stations and individual journalists were successfully sued for defamation. The media in 2005 were the subject of libel suits. For exSo This Is Democracy? 2005 -63- Media Institute of Southern Africa