SECTOR 1 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.7 (2010 = 4.4; 2008 = 3.0; 2006 = 4.1) 1.12 Media legislation evolves from meaningful consultations among state institutions, citizens and interest groups. Under Bingu wa Mutharika, the government held consultations with the media and citizens on certain issues, such as the amendment to Section 46 of the Penal Code (relating to the banning of publications by the state). In retrospect there is a realisation that these discussions were meant to give the impression that the media and public were part of a consultative process but the outcomes, especially in this instance, clearly show that the results did not reflect citizens’ or the media’s input. Since Joyce Banda became president, she has repealed Section 46, but this was not done in consulation with the media or civil society, and appeared to be more of a reaction to what her predecessor had done. “It is her way of showing that she is different; that she can reverse Bingu’s decisons. We are hoping that this lack of consultation won’t become the norm within the new government. Her approach so far seems politically expedient to get donors back to Malawi.” AFRICAN MEDIA BAROMETER MALAWI 2012 23