Three human rights organisations — Paradigm Initiative (Pin), Youth and Society (Yas) and the Centre for Human Rights and Rehabilitation (CHRR)— have expressed concern over the current digital rights environment in Malawi ahead of the general elections on September 16.
The organisations, which advocate for digital rights and inclusion in Africa and Malawi, state that the elections are taking place amid the restrictive application of criminal defamation laws, such as Section 200 of the Penal Code of Malawi.
The provision, they say, poses a threat to freedom of expression and access to information. It addresses the crime of libel, which involves “unlawfully publishing defamatory matter about another person with the intent to defame them”.
The organisations further note what they call troubling instances of arrests of journalists and citizens for articles published and posts made online.
“We note the most recent case of Julius Mithi, who was arrested after a post he made online regarding the voter registration database,” they state.
Drawing attention to the African Commission on Human and Peoples’ Rights Declaration of Principles on Freedom of Expression and Access to Information, the civil society groups urge states to reform criminal defamation laws in favour of civil remedies.
Pin, CHRR and Yas have further underscored the importance of multi-stakeholder engagements during elections to address problems of misinformation and disinformation and to promote a safe, enabling online environment.
They have since urged the government to facilitate engagements with all relevant government agencies and stakeholders, such as the Malawi Electoral Commission, Media Council of Malawi and the Malawi Human Rights Commission, to tackle information disorders during this election season.
“We believe this is a more sustainable way of addressing misinformation and disinformation than targeted mass communication surveillance approaches, which violate human rights,” they say.
Malawians are expected to vote for their president, members of Parliament and ward councillors in the elections scheduled for September 16, 2025.
