tected 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, 54 years after independence. As argued in past reports, the presence of draconian laws in the country’s statutes is a cause for concern because they have a chilling effect on both journalists and civil society actors. Defamation Cases of defamation have over the years crippled many media outlets in Malawi. Most of these cases are rarely publicised and have been resolved behind the scenes through alternative dispute resolution, which requires that any civil case registered with the court is examined for determination on whether it can be resolved through dialogue and negotiation. Most media owners and managers in the country regard this process less costly, speedy, informal, friendly and flexible than the usual court process. In 2017 however, at least one defamation case against the media was publicised. It all started with a court order by the Agricultural Development and Marketing Corporation (ADMARC) on 29 December 2016 stopping Times Group from publishing stories on the Maizegate. Times Group challenged the injunction but barely two weeks later the Malawi Revenue Authority (MRA) closed Times Group over unpaid taxes. MISA Malawi issued a statement arguing that the closure of Times Group was illtimed, could easily be construed as an attempt by government to stop the media house from further publication of the Maizegate stories specifically, and silence critical voices generally. The MISA Chapter argued that the issue of unpaid 54 So This is Democracy? 2017 taxes could have easily been resolved through mutual business negotiations. But on 2 February 2017, Maravi Post claimed that then Minister of Agriculture George Chaponda had sued Times Group for defamation because of an article published in the Malawi News of 28 January to 3 February 2017 titled “Defiant Chaponda.” Quoting court documents from Chaponda’s lawyers, M and M Global Consultants, Maravi Post claimed Chaponda had sued Times Group because “…the title of the story was defamatory as in simple terms it means to offer resistance to something or challenge something…the publication was intended to portray an appalling image of Chaponda and attacking his character as a public official as well as an individual.” More reports surfaced on 13 February 2017 that Chaponda had sued Times Group including editors George Kasakula, Innocent Chitosi, Arnold Munthali and reporter Alick Ponje for defamation over articles on Maizegate. Kasakula argued the Times Group was ready to defend the articles in court. Chaponda was later arrested by the Anti-Corruption Bureau for alleged abuse of office in the MK26 billion Maizegate scandal in his capacity as Minister of Agriculture. The defamation case remains in court. BROADCASTING State of Broadcasting and Digital Migration The broadcasting sector continues to grow with the rolling out of new license holders. Radio Lilanguka, which was licensed in 2016, began operating on 27 November 2017, Love FM went on air on 27 March 2017, and Chisomo in February 2017, bringing the total of operational community broadcasters to 40.