SECTOR 1

1.3 There are no laws or parts of laws restricting freedom of expression such as excessive official secrets or
libel acts, or laws that unreasonably interfere with the
responsibilities of media.
There is a considerable amount of legislation, which can be used to restrict
freedom of expression in Malawi. These include sections of:
•
•
•
•
•

the Penal Code of 1930, which criminalises libel, sedition and
defamation; and
the Protected Flag, Emblems and Names Act of 1967, which prohibits
the cartooning of the president;
the Police Act of 1946;
the Official Secrets Act of 1913 and
the Censorship and Control of Entertainments Act of 1968

These laws, most of which date back to colonial times, have been broadly used
to clamp down on freedom of expression, in the name of national security, while
the Malawi Communications Regulatory Act of 1998 has been used to threaten
to close down private broadcasters.
In 1998, 34 repressive laws were sent to the Law Commission by the Civil Liberties
Committee (CILIC), a civil rights organisation, and Article 19, for possible review.
However nothing has yet been done in this regard and since then, eight new
laws have been passed which have the potential to limit freedom of expression
and access to information. These include the Malawi Revenue Authority Act of
1998, which prevents journalists or ordinary members of the public from getting
information on the budget.
Shortly before President Bingu wa Mutharika died in April 2012, State House
issued a two-page warning (“Civil society organisations and media conduct
inciting anarchy in the country”) stating that anyone who demeans the president
will face the wrath of the law.
Two months after Joyce Banda came in to power in June 2012, parliament
repealed a repressive amendment to Section 46 of the Penal Code, which gave
the Minister of Information the power to ban publications deemed to be contrary
to the public interest. This follows Banda’s announcement in May that parliament
should repeal laws that deny Malawians the constitutional right to freely express
themselves.
“As media practitioners, this is a big load off our shoulders, but many outdated
and repressive laws remain on the statute books, and we still do not have access
to information legislation.”

AFRICAN MEDIA BAROMETER MALAWI 2012

15

Select target paragraph3