The Committee to Protect Journalists (CPJ) praised the High Court of Malawi’s unanimous decision on Monday to decriminalize the former offense of defamation.

CPJ spokesperson Muthoki Mumo said:

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 […] Authorities should immediately comply with the judgment, and other laws that may unduly restrict the work of journalists must also be reformed.

CPJ notes that section 60 of the Malawi criminal code, which criminalizes the publication of “false news,” and the 2016 Electronic Transactions and Cyber Security Act, which criminalizes the unauthorized transmission of data and information, both remain significant barriers to press freedom in Malawi.

The High Court, which acts as the state constitutional court, ruled that section 200 of the Malawi penal code imposed a “disproportionate and unjustifiable limitation on constitutional freedom,” and was ruled unconstitutional. The court emphasized that defamation is already adequately covered under civil law and that the harm is greatly outweighed by the benefit that public discourse plays in creating a healthy democracy.

The case, which garnered significant public attention, concerned influencer and activist Joshua Chisa Mbele, who was charged with defamation in 2022 following his comments about a military official. He argued that defamation as a criminal offense infringed on his section 35, freedom of expression, and rights under the Malawi constitution. Although the case does not mention section 36, freedom of the press, the decision was nonetheless hailed as a win by regional press agencies, namely the Media Institute of Southern Africa (MISA), which urged the government of Malawi not to appeal the decision.

Pursuant to the court’s decision, no one can be charged with the offense of criminal defamation, effective immediately.