SALC: On 16 July 2025, the High Court of Malawi delivered a landmark judgment in a Constitutional case, declaring Section 200 of the Penal Code, which criminalises defamation, unconstitutional. The claimant argued that the provision violated his right to freedom of expression, protected under Section 35 of the Constitution, and was incompatible with Malawi’s commitments under regional and international human rights law.

The Court found that criminalising defamation under Section 200 imposes a disproportionate restriction on freedom of expression and stifles public discourse. It underscored that the right to freedom of expression, enshrined in Section 35 of the Constitution, is a cornerstone of Malawi’s constitutional democracy. The Court emphasised that any limitation on this right must be lawful, reasonable, and necessary in an open and democratic society, in line with international human rights standards. It concluded that the availability of civil remedies for defamation renders criminal prosecution not only unnecessary but also disproportionate. Moreover, Section 200 lacks adequate safeguards to prevent arbitrary or excessive interference with free speech and cannot be justified as necessary or proportionate.

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