#Breaking News: Malawi Court Strikes Down Criminal Defamation Law
In a landmark decision, the High Court of Malawi’s Constitutional Court has declared section 200 of the Penal Code, which criminalized defamation, unconstitutional.
The ruling was made on July 2025, in the case of Joshua Chisa Mbele v The Director of Public Prosecutions & The Attorney General.
The court held that the right to freedom of expression is a foundational value in Malawi’s constitutional democracy.
It found that section 200 imposed a disproportionate and unjustifiable limitation on freedom of expression, noting that civil remedies for defamation are a less restrictive and more proportionate alternative to criminal sanctions.
The court recognized that the criminalization of defamation, especially with the threat of imprisonment, has a chilling effect on public discourse.
This decision is expected to have a significant impact on the country’s media landscape and freedom of expression
The court’s declaration means that section 200 of the Penal Code is struck down with immediate effect.
No further prosecutions will be brought under this provision, and each party was ordered to bear its own costs.
