Malawi’s Constitutional Court has declared Section 200 of the Penal Code unconstitutional, ending the criminalization of defamation for violating freedom of expression. The historic ruling followed a legal challenge by activist Joshua Chisa Mbele, who faced prosecution under the provision, while the State defended its necessity for protecting reputation and order. Justices Chifundo Kachale, Mzonde Mvula, and Fiona Mwale held that civil remedies suffice for reputational harm and that criminal penalties unjustly restrict democratic discourse. Effective immediately, no further prosecutions under Section 200 are permitted, marking a major victory for free speech, press freedom, and civil society in Malawi. Civil society organizations, including MISA Malawi and the Digital Rights Coalition, have hailed the decision as transformative for democracy and digital rights.
Source:
Joint CSOs-Media Statement on Malawi Constitutional Court Ruling, July 17, 2025