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To a large extent, 2012 will go down
the annals of media history as a year Malawi experienced change without transformation. Two presidents, namely Bingu
wa Mutharika and Joyce Banda, greatly
influenced the national media landscape
with their distinct media management
strategies. During the reign of Mutharika
in the first quarter of 2012, free speech
and media freedom were significantly
limited. Malawi recorded the worst ever
press freedom rankings as she dropped
from position 79 in 2010/11 to 146 in
2012 .
The Mutharika administration adopted anti-media legislation and clamped
down on any critical and dissenting voices through threats, assaults and arrests.
When President Joyce Banda assumed
office in April 2012, she reversed the repressive law enacted by her predecessor
and promised to improve the legal, policy
and operating environment for the media. Among the most significant changes
she introduced were the removal of the
16.5% Value Added Tax (VAT) on newspapers; repeal of Section 46 of the Penal
Code, which empowered the Minister of
Information to ban publications deemed
unsuitable for the public; instruction to
the Malawi Communications Regulatory
Authority (MACRA) to issue additional
broadcasting licenses; and directive
to the Malawi Broadcasting Corporation (MBC) to open up programming to
all political parties. She also promised
to change the way press conferences
were being conducted, enact an Access
to Information (ATI) law, respect media

freedom and freedom of expression, and
repeal laws that criminalize free speech.
Notwithstanding these changes and
promises, the media landscape in 2012
clearly demonstrated that the more
things change, the more they remain the
same. The year ended with the arrest of
an online journalist, Justice Mponda, for
allegedly publishing ‘false news’ and insulting President Banda; and circulation
of a proposed law (initially titled E-Bill
and later renamed E-Transactions and
Management Bill), which most media
practitioners contend is aimed at stifling
free expression online. Overall, the fundamental structures that protect those
in power from public scrutiny remain
securely in place, and attempts to enact
legislation on Access to Information and
transform MBC from a State to public
service broadcaster have stagnated at
the level of rhetoric..

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The relationship between the media
and government was at its worst during the first quarter of 2012, with the
Mutharika administration clearly taking
a hard stand against human rights activists, members of the opposition political
parties and independent media, which
were perceived critical of Mutharika’s
ruling Democratic Progressive Party
(DPP). A cat and mouse relationship
best describes this period as fear and
intimidation were the order of the day.
Applying an old piece of legislation, the
Protected Flag, Emblems and Names Act,
State House Press Office issued a State



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