Freedom of expression
The right to freedom of expression is a fundamental human right outlined in international law. However, most societies agree there are types of expression that are not acceptable and which conflict with other human rights, such as hate speech. For this reason, governments use laws to curb freedom of expression when it conflicts with other human rights, such as the protection of the rights or reputations of others, national security, public order, public health and morals.
Unfortunately, governments, private institutions and individuals around the world can abuse such limitations, using legislation and the judicial system to unjustly control expression and quash opposing views.
This is the case in Malawi, which has a number of colonial and post-colonial laws that limit media and freedom of expression and have been, and continue to be, employed by government to suppress dissent in the country. As a result of these laws, media outlets and individuals often refrain from publishing certain information because of fears of prosecution.
The laws encouraging self-censorship include Section 181 of the Penal Code, which is always abused to limit and suppress critical views, the Official Secrets Act (1913), the Printed Publications Act (1947), the Censorship and Control of Entertainments Act (1968) as well as the Protected Flags, Emblems and Names Act.
The existence of these laws remains a threat to free speech and media freedom in Malawi. MISA Malawi therefore advocates for the repeal of these laws as one way of promoting media freedom and freedom of expression.
As part of this process, we are also lobbying Malawi’s government to sign the Declaration of Table Mountain, which calls for the abolition of insult laws.
Freedom of expression news
Malawi government’s disregard of right to assemble, free expression, press freedom a concern
As the world celebrates the 2024 Human Rights Day, MISA Malawi is concerned with government's failure to protect fundamental rights of assembly, expression and the media. 'Our Rights, Our Future, Right Now' is the theme for the 2024 celebrations and casts the...
Southern Africa should intensify fight against online gender-based violence
Southern African governments, civil society organisations and other key stakeholders should develop robust and coordinated strategies to fight the menace of online gender-based violence (OGBV). A survey conducted by MISA Regional in collaboration with UNESCO to...
Content Production and Practices in the Digital Age: Threats, Risks, and Opportunities
Virtual Presentation by MISA Regional Director Dr Tabani Moyo at the Media, Human Rights, Citizenship and Development Forum 02 December 2024, Maputo, Mozambique. Chairperson, esteemed members of the diplomatic community, MISA Mozambique Governing Council, the media...
MISA Communiqué on the All Africa Judges and Jurists Summit
The All Africa Judges and Jurists Summit convened in Nairobi, Kenya, from 17 - 18 September 2024, ended with a call to affirm judicial independence and address challenges to judicial independence and the rule of law in Africa. The Summit expressed deep concern over...
MISA engages ACHPR on indiscriminate attacks on Mozambican journalists
The Media Institute of Southern Africa (MISA) has engaged the African Commission on Human and Peoples’ Rights (ACHPR) Special Rapporteur on Freedom of Expression and Access to Information in Africa Commissioner Ourveena Geereesha Topsy-Sonoo on the indiscriminate...