Kasunda seized the opportunity to inform the UN on the serious threats that Section 46 of the Penal Code as amended poses to Freedom of Expression and the press as guaranteed in sections 35 and 36 of the Republic of Malawi Constitution, respectively.

The MISA Malawi Chairperson told the committee that Section 46 of the Penal Code is open to abuse and denies people their right to information as it instills fear in publishers thereby promoting self censorship. He said MISA Malawi Chapter considers the amendment as a deliberate attempt to weaken the role of the media as the fourth estate.

The UN committee was also briefed of the efforts by MISA Malawi and other partners to have the section repealed. The chairperson indicated that government has repeatedly said the amendment is an improvement of the old law and that it was good for the media. He, however, explained that MISA Malawi already listed the section as one of the archaic laws in Malawi’s statutes inconsistent with the country’s democratic dispensation.

Kasunda also capitalized on the meeting to inform the UN that at least 22 journalists were beaten and assaulted in the line of duty during the July 20-21 anti government demonstrations. He explained that since 2005, at least 10 journalists have been arrested based on archaic pieces of legislation adding that other journalists have been arrested on flimsy charges or without charge.

“Journalists continue to receive death threats from government sympathizers...Media practitioners from private media are targeted for their critical news articles on the President and his government. MISA Malawi
Feels this is an attempt to muzzle the press,” Kasunda said.

He pleaded with the Committee to intervene in Malawi by engaging government to allow the media to operate freely without fear or intimidation and for government to repeal Section 46 of the Penal Code.

He also asked the committee to engage Malawi’s leadership to openly condemn the threats issued to journalists. //End//
 
Reagan Malumo
Programme Specialist: Media Freedom Monitoring and Research
Media Institute of Southern Africa (MISA) Regional Secretariat
21 Johann Albrecht St
Private Bag 13386
Windhoek
Namibia
Phone: +264 61 232 975
Fax: +264 61 248 016
Mobile: +264 81 311 2626
Official Email: reagan(@)misa.org
Private Email: reagan32002(@)yahoo.com

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