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
Reflections on the Spaces of Solidarity (SoS) Conference Agenda
Esteemed Colleagues As we open this Second Day’s Session of our Summit, which will straddle the end of the 3rd year of the Spaces of Solidarity as a Forum, I am privileged to say that as a people, we have every reason to be proud of our historic efforts towards...
MISA Regional Chairperson`s opening remarks at the 2024 Spaces of Solidarity
Dear Colleagues Kindly allow me to kickstart my speech by riding on the protocols observed from yesterday’s summit. As a journalist educator, I found yesterday’s session informative and interesting. I will undoubtedly be one of the most eager participants in similar...
Submissions to the All Africa Judges and Jurists Summit, Nairobi, Kenya, 18 September 2024
by MISA Regional Director Dr Tabani Moyo My Lords, My Ladies, the leadership of the Africa Judges and Jurists Forum (AJJF), distinguished delegates to the All Africa Judges and Jurists Summit, it is a great honour for MISA to engage in this august meeting on the...
MISA engages SADC CSOs and stakeholders in the operationalisation of regional Non-State Actors’ mechanism
MISA participated in the SADC Non-State Actors Forum Engagement Meeting held on 11 and 12 August, 2024 in Harare. The meeting sought to operationalise the SADC Non-State Actors Engagement Mechanism. The meeting brought together the SADC Secretariat, the Southern...
Malawi Law Society pledges to support MISA Malawi in defending media freedom
MISA Malawi and Malawi Law Society (MLS) have today signed a Memorandum of Understanding (MoU) which will see the two organisations cooperating in the protection and promotion of media freedom, freedom of expression and access to information in Malawi. MISA Malawi...