change and party supporters are no
longer allowed to attend the press conferences. This has made the conferences
less hostile. Mutharika has also created
optimism in the sector with repeated
pledges and commitment to media freedom and freedom of expression, including creating a favourable environment
for journalists.

FREE EXPRESSION AND THE LAW
Un-constitutional anti-press
laws continue to threaten media
freedom
As stated in past reports on Malawi media, over a dozen archaic, anti-press
laws still remain on the country’s statute
books – in sharp contradiction with the
post-single-party Republican Constitution, which clearly provide for media
freedom, freedom of expression and access to information. Some of these laws
include the Official Secrets Act (1913),
the Printed Publications Act (1947) and
the Censorship and Control of Entertainments Act (1968) as well as the Protected
Flags, Emblems and Names Act, which
past administrations have applied to
silence critics. The Protected Flags, Emblems and Names Act still quotes a fine
in Pound Sterling (1000 Pounds, about
MK660, 000) and not Malawi kwacha,
an element that supports the argument
that this law is archaic and needs to be
reviewed, 51 years after independence.
The Democratic Progressive Party (DPP)
has promised to amend and/or repeal
laws that limit freedom of expression,
including signing the Declaration of Table Mountain, but such promises are not
new and nothing might be done as was
the case with Joyce Banda who promised the same immediately after assuming office in 2012. Though most of these
laws appear harmless, their presence
alone remains a cause for concern be-

cause they have a chilling effect on both
journalists and civil society actors.

FREEDOM OF INFORMATION
Victory as cabinet adopts ATI
policy
The campaign on Access to Information
(ATI) triumphed with the adoption of an
ATI Policy by cabinet in January 2014.
The adoption of the policy signalled a
new chapter in the ATI campaign and
provides a framework for enacting and
implementing an ATI regime. The policy
also makes it imperative for government
to adopt ATI legislation. Among other
key priority areas, the policy provides
for enactment of the ATI Bill, awareness
campaigns on ATI, systematic records
management and coordination in government departments and ministries.
Apart from the adoption of the policy, it
is important to note the draft ATI Bill is
now formally with the Ministry of Justice. This is a key development in the
campaign and ought to be commended.
Since the campaign started in 2003, no
government department or ministry had
come in the open to own the process
and take responsibility. We now have
direction and we are able to monitor
progress.
It is important to also note that MISA
Malawi made ATI a campaign issue
during the 2014 Tripartite Elections and
capitalised on the presidential debates
to confirm commitments from the candidates to enact legislation on ATI once
in power. The DPP actually committed
in its manifesto to ensure Malawi has
ATI legislation. Section 180 of the DPP
manifesto reads: ‘We recognize that
access to information is a major challenge… In this regard, the DPP government will pass and implement the Access to Information bill.’

So This is Democracy? 2014

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