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
Open Letter to the AU Heads of State and Government on the Endorsed Continental AI Strategy and African Digital Compact
Date: 22 July 2024 Your Excellencies, 1. This open letter is produced in response to the statement made on 17 June 2024 by the African Union Commission announcing the endorsement of the Continental Artificial Intelligence (AI) Strategy and African Digital Compact by...
MISA Regional 2023 Annual Report (Now Available!!!)
Expression in the Age of Fragmentation The world is more fragmented today than ever. Strife is more pronounced at a global scale, with conflicts degenerating to armed conflict. The number of people living in fragile states is perpetually on the increase, while more...
Man convicted, fined for ‘insulting’ Malawi President on WhatsApp
A Magistrates Court in Dowa district has fined Sainani Joshua MK200,000 ($115) or spend 6 months in prison for ‘insulting’ President Dr Lazarus McCathy Chakwera Joshua is said to have committed the offence in a WhatsApp group called Mponela Hotspot. He was convicted...
Botswana President calls for solutions to issues affecting the media in Southern Africa
Botswana President Mokgweetsi Masisi says there is need to reflect and find solutions to the challenges of viability and disinformation affecting the media in the region. President Masisi was speaking at the World Press Freedom Day commemorations which MISA, with...
Press freedom declines significantly in Southern Africa
Press freedom in Southern Africa has significantly declined in the past year, with several countries declining in the annual Reporters Without Borders’ World Press Freedom Index. However, improvements were recorded in Tanzania, Malawi, Eswatini, Zimbabwe, and Angola....