Court Declares Criminal Defamation Law Unconstitutional

By Michael Martin/Malawi

In a landmark decision that marks a major victory for freedom of expression in Malawi, the Constitutional Court has struck down Section 200 of the Penal Code Malawi’s criminal defamation law declaring it unconstitutional.

The ruling, delivered on July 16, 2025, means that defamation will no longer be treated as a criminal offence in the country.

Until now, individuals faced the risk of arrest, prosecution, and even imprisonment for making statements considered damaging to another person’s reputation.

This provision had long been criticised by media professionals, civil society, and rights advocates who argued that it was often used to silence critics, journalists, and dissenting voices through criminal sanctions.

The Malawi chapter of the Media Institute of Southern Africa (MISA) has welcomed the decision as a significant milestone in the fight for press freedom.

The case was initiated by social commentator Joshua Chisa Mbele, who challenged the constitutionality of the law after being prosecuted under it. The respondents in the matter were the Director of Public Prosecutions (DPP) and the Attorney General.

A panel of three High Court judges Chifundo Kachale, Mzondi Mvula, and Fiona Mwale sitting as the Constitutional Court, ruled that Section 200 imposed a disproportionate and unjustifiable restriction on the right to freedom of expression as protected by the Malawian Constitution.

“Freedom of expression is a cornerstone of any democratic society. The threat of criminal sanctions, particularly custodial sentences, creates a chilling effect on public debate,” the court stated.

The judges further noted that civil remedies such as pursuing compensation through civil lawsuits are more appropriate and less intrusive ways to protect individuals’ reputations without infringing on constitutional rights.

With immediate effect, Section 200 has been nullified, meaning no new criminal defamation cases can be pursued under the former law. The court also ordered that each party bear their own legal costs.

Reacting to the ruling on his Facebook page, Mbele said the decision brings Malawi in line with regional and global trends, where criminal defamation laws are increasingly being abolished as relics of authoritarian control.

Nonetheless, the court cautioned that the decision should not be interpreted as a license for irresponsible or harmful speech. Individuals who believe they have been defamed may still seek redress through civil litigation.

The ruling comes at a time when press freedom and civic space are under increasing pressure across the region. With this judgment, Malawi joins a growing number of African nations embracing legal reforms that support open, democratic societies and protect free speech.