In a landmark ruling on Monday, the High Court of Malawi has declared the crime of defamation unconstitutional, a decision that has been met with widespread acclaim from press freedom organizations worldwide. The Committee to Protect Journalists (CPJ) has hailed the court's judgment as a pivotal advancement for the protection of press freedoms in Malawi.

CPJ spokesperson, Muthoki Mumo, commented on the ruling, stating, "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."

The court specifically addressed section 200 of the Malawi penal code, which it found to impose a "disproportionate and unjustifiable limitation on constitutional freedom". This section was previously used to criminalize defamation but will now be considered invalid, emphasizing that defamation issues can be sufficiently handled under civil law without infringing on public discourse and democracy.

The case gained significant attention following the charges against influencer and activist Joshua Chisa Mbele, who in 2022 was accused of defaming a military official. Mbele's defense argued that such criminal charges against defamation violated his freedom of expression as protected under section 35 of the Malawi constitution.

While the ruling did not directly address section 36, which covers freedom of the press, it was nonetheless celebrated as a victory for media rights by the Media Institute of Southern Africa (MISA). They, along with other regional press agencies, have urged the government of Malawi not to appeal the decision.

Despite this progressive ruling, CPJ notes that other laws, such as section 60 of the Malawi criminal code that criminalizes the publication of "false news," and aspects of the 2016 Electronic Transactions and Cyber Security Act, still pose challenges to full press freedom. These laws are viewed as significant barriers that need to be addressed to ensure a completely free press in Malawi.

As of now, following the court's decision, no individual in Malawi can be criminally charged with defamation, marking a significant shift towards greater freedom of expression and media liberty in the country.