Malawi: CPJ Welcomes Defamation Decriminalization in Malawi

Supplied
Lazarus McCarthy Chakwera, President of Malawi
21 July 2025
Committee to Protect Journalists (New York)

Lusaka — The Committee to Protect Journalists welcomes the Malawi Constitutional Court's landmark July 16 ruling striking down section 200 of the penal code criminalizing defamation.

"Malawi's Constitutional Court has taken a monumental step towards protecting press freedom and affirmed that criticism and dissent are essential to democracy by ruling criminal defamation to be unconstitutional," said Muthoki Mumo, CPJ's Africa program coordinator, in Nairobi. "Authorities should immediately comply with the judgment, and other laws that may unduly restrict the work of journalists must also be reformed."

In a unanimous decision, three constitutional court justices ruled that the defamation law was a "disproportionate and unjustifiable limitation on constitutional freedom," according to a summary of the judgment reviewed by CPJ.

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The ruling follows social media influencer and activist Joshua Chisa Mbele's 2022 legal challenge of criminal defamation charges for his remarks about a military official.

In its decision, the court ordered that no further prosecutions on criminal defamation charges be brought under the law.

The Malawian chapter of the Media Institute of Southern Africa and other civil society organizations urged the government not to appeal the ruling and to reform other laws that restrict free expression. Section 60 of Malawi's penal code criminalizes publishing false news, with penalties of fines or up to two years in jail, and the 2016 Electronic Transactions and Cyber Security Act makes unauthorized transmitting data or information punishable by a fine of 2,000,000 Malawian kwacha (USD $1,153) and a 5-year imprisonment.

In 2022, Malawi amended its Protected Flag, Emblems, and Names Act of 1967, to decriminalize insults against the president but retained prison time for those convicted of insults to flags or protected emblems.

Malawi Attorney General Thabo Chakaka Nyirenda did not respond to CPJ's calls or text messages for comment on the court's decision.

Read the original article on CPJ.

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