In a historic judgment hailed by free speech advocates, Malawi’s Constitutional Court has struck down the country’s criminal defamation law, ruling it unconstitutional and a threat to democratic discourse.
The decision, delivered by a panel of three judges comprising Justices Chifundo Kachale, Fiona Mwale and Mzonde Mvula, invalidated Section 200 of the Penal Code, which had long allowed for the criminal prosecution of individuals for defamation. The Court found the law inconsistent with Malawi’s Constitution and international human rights obligations.
The case was brought by political activist Joshua Chisa Mbele, who challenged the constitutionality of the law after being charged with criminal defamation for statements made about a public official. Mbele argued that his prosecution violated his right to freedom of expression, as guaranteed under Section 35 of the Constitution.
In their unanimous ruling, the judges agreed. They emphasised that in a democratic society, protecting the right to speak freely, particularly on matters of public interest, outweighs the need to criminalise reputational harm, which can be addressed through civil remedies.
“Criminal sanctions, especially imprisonment, carry the risk of being used as tools of intimidation against critics and dissenters,” the Court noted. It further stated that civil defamation laws offer a more appropriate and proportionate means of addressing reputational concerns without infringing on fundamental rights.
The judgment cited extensive legal precedents from across Africa and other Commonwealth nations where similar provisions have been repealed or struck down in recognition of evolving human rights standards.
The ruling marks a significant step forward for media freedom and civic activism in Malawi, where journalists, opposition figures and activists have often faced legal threats under Section 200. With the provision now nullified, no further prosecutions under the law are permitted.
Human rights organisations and legal experts have welcomed the decision as a major victory for democracy, urging lawmakers to align other statutes with constitutional principles and Malawi’s global commitments.
As one legal analyst observed, “This ruling reaffirms that free expression is not just a constitutional right, it is the cornerstone of a democratic and accountable society.”
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