How Malawi is protecting free speech by scrapping its criminal defamation law
Malawi’s top court has ruled that using criminal law to punish people for damaging someone’s reputation is against the country’s Constitution.
The decision has been welcomed by free speech campaigners who say it will strengthen democracy and protect public debate.
The Constitutional Court cancelled Section 200 of Malawi’s Penal Code, which allowed the government to press criminal charges against people accused of defamation.
A group of three judges said the law went against Malawi’s own Constitution and international agreements on human rights.
The case was brought by political activist Joshua Chisa Mbele after he was charged under the law for making comments about a government official.
Mbele argued that the charge violated his right to speak freely, as guaranteed in Malawi’s Constitution.
The judges agreed with him.
They said in a democratic society, protecting people’s right to speak openly was more important than using criminal law to punish those who may harm someone’s reputation. They added that civil cases, not criminal charges, were the right way to handle such disputes.
“Criminal sanctions, especially imprisonment, carry the risk of being used as tools of intimidation against critics and dissenters,” the Court said.
The ruling brings Malawi in line with a growing number of countries across Africa and the Commonwealth that have removed similar laws.
Experts say these outdated laws are often used to silence journalists, activists and political opponents.
Until now, the law had been used to target people speaking out against government officials. With this ruling, nobody in Malawi can be charged again for criminal defamation.
This story is written and edited by the Global South World team, you can contact us here.
