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 Two months after Joyce Banda came in to power in June 2012, parliament repealed a repressive amendment to Section 46 of the Penal Code, which gave the Minister of Information the power to ban publications deemed to be contrary to the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 “As media practitioners, this is a big load off our shoulders, but many outdated and repressive laws remain on the statute books, and we still do not have access to information legislation.”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