The Constitutional Court of Malawi declared section 200 of the Malawi Penal Code Unconstitutional

In a landmark ruling Joshua Mbele V. the Director of Public prosecutions & Attorneys General (2025),

the constitutional Court of Malawi declared section 200 of the penal code which criminalized defamation unconstitutional. The claimant Joshua Chisa Mbele argued that the provision violated his right to freedom of expression under section 35 of the constitution of the Republic of Malawi.

Citing comparative and international jurisprudence, the court rightly found that criminalizing defamation with the threat of imprisonment had a chilling effect on public discourse, the court rightly found that criminalizing defamation is a disproportionate and unjustifiable restrictions on freedom of expression, especially when civil remedies are available to address reputational harm.

This ruling sends a powerful message, in a democratic society, the remedy for offensive or false speech is not imprisonment.