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
Call for MISA Malawi Membership Application and Renewal 2024
MISA Malawi would like to inform its current and prospective members that membership subscription for 2024 is due. MISA Malawi is a membership-based Non-Governmental Organisation which advocates for Media Freedom, Freedom of Expression and Access to Information both...
2023: Just another year of persistent, unwarranted hostility towards journalists in Malawi
As 2023 comes to an end, we would like to sincerely thank the membership, partners, the government of Malawi and all stakeholders for supporting our advocacy on Freedom of Expression, Media Freedom and Access to Information. Our work was a success because of your...
Presentation by MISA Regional Director Dr Tabani Moyo at the Africa Electoral Justice Network (AEJN) webinar on disinformation and electoral justice
My Lords, My Ladies, and representatives of the Electoral Management Bodies (EMB), it is a great honour for MISA to engage in this august meeting on the relevant topic of disinformation and electoral justice, especially in our region of Southern Africa, which has a...
Information disorders during elections in Southern Africa
Fake news and information disorders have become pervasive challenges during elections in Southern Africa. During a recent X space discussion titled: Let's talk: information disorders in Southern Africa, hosted by MISA Zimbabwe, Prisiel Samu, Programmes Coordinator at...
INTERNATIONAL DAY TO END IMPUNITY FOR CRIMES AGAINST JOURNALISTS (Statement)
Presentation by MISA Regional Director, Dr Tabani Moyo, at the United Nations Human Rights Office of the High Commission Panel Discussion on Legal Threats to Safety of Journalists in commemoration of International Day to End Impunity for Crimes against Journalists....