In a significant move hailed by media freedom advocates, Malawi’s Constitutional Court recently ruled that criminal defamation is unconstitutional, effectively decriminalizing the offense. This decision is seen as a step forward for press freedom in Malawi, reducing legal risk for journalists and individuals who openly express dissenting opinions.
The Committee to Protect Journalists (CPJ) commended the High Court’s decision, stating that it reinforces the essential role of criticism and dissent in a democratic society. CPJ spokesperson Muthoki Mumo emphasized the importance of adhering to the judgment and called for the reform of other restrictive laws, such as section 60 of Malawi’s criminal code, which penalizes the publication of “false news,” and the 2016 Electronic Transactions and Cyber Security Act, a statute that criminalizes unauthorized data transmission. These laws remain as barriers to complete press freedom in the country.
The court’s decision argued that section 200 of the Malawi penal code imposed a “disproportionate and unjustifiable limitation on constitutional freedom.” The ruling highlighted how civil law already covers defamation adequately, and that public discourse contributes significantly to a healthy democracy. More about the court’s decision and its implications can be found here.
This judicial outcome followed a case involving influencer and activist Joshua Chisa Mbele. He was charged with defamation in 2022 for his statements about a military official. Mbele contended that criminalizing defamation infringed on his constitutional right to freedom of expression. Although freedom of the press was not explicitly mentioned, the decision was nevertheless celebrated by regional media organizations. The Media Institute of Southern Africa (MISA) urged the Malawian government not to contest the ruling.
Effective immediately, the ruling ensures that nobody in Malawi can be charged with criminal defamation. Legal experts and press freedom advocates view this development as a pivotal moment for free speech in Malawi, setting an encouraging precedent for other jurisdictions grappling with similar legal challenges.