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Malawi’s High Court has ruled that the law which made defamation a criminal offence is against the country’s Constitution. The court said the law unfairly limits people’s freedom to speak freely, especially in a democracy.
The defamation law case was brought forward by political activist Joshua Chisa Mbele, who had been facing criminal charges after allegedly making remarks about a government official. He argued that the law was being used to silence critics and stop public debate.
In a decision made by three judges in July 2025, Justices Kachale, Mwale, and Mvula, the court agreed that while it is important to protect people’s reputations, putting someone in jail for defamation is too extreme.
Instead, they suggested that people who feel defamed should approach the civil court, where they may seek compensation, rather than relying on criminal charges.
Looking at defamation law examples from other African and Commonwealth countries, the court noted that several nations are now moving away from using criminal law to deal with defamation, in favour of protecting freedom of expression.
The court has now scrapped Section 200 of Malawi’s Penal Code with immediate effect, which means no one can be prosecuted under it anymore. Both sides in the case were told to pay their own legal fees.
Legal experts have received the ruling on defamation law, calling it a win for democracy and free speech. However, they also warned that civil laws must not be abused to silence critics in other ways.
For activists and human rights defenders in Malawi, this ruling is a solid reminder that open discussion should not be treated as a crime.
