Malawi AFRICAN MEDIA BAROMETER MALAWI Sector 1: 1.1 Freedom of expression, including freedom of the media, are effectively protected and promoted. Freedom of expression, including freedom of the media, is guaranteed in the constitution and protected by other pieces of legislation ANALYSIS: Section 35 of the Republican Constitution guarantees freedom of expression: “Every person shall have the right to freedom of expression”. In particular, section 36 guarantees freedom of the press and facilitates access to information: “The press shall have the right to report and publish freely, in Malawi and abroad, and to be accorded the fullest possible facilities for access to public information.” Section 37 promotes access to information: “Subject to any Act of Parliament, every person shall have the right to access all information held by the State or any of its organs at any level of Government in so far as such information is required for the exercise of his rights.” No law or act of parliament in that respect, however, is yet in place – twelve years after the promulgation of the constitution in 1994. Section 5 declares all legislation inconsistent with the Constitution to be null and void: African Media Barometer - Malawi 2006 3