MLS, legal expert speak on criminal defamation

The Malawi Law Society (MLS) and a constitutional law expert Edge Kanyongolo, have said criminal defamation law restricts freedom of speech.

This follows a declaration by the Lesotho Constitutional Court that criminal defamation is unconstitutional in that country.

The court declaration follows an application by Lesotho Times owner and publisher Basildon Peta who was charged with criminal defamation on July 6 2016. The case was supported by the Southern Africa Litigation Centre (Salc).

According to details of the case, Peta argued that criminal defamation violated the right to freedom of expression and that the use of criminal sanctions was a disproportionate response to protect one’s reputation because, among other reasons, a less restrictive mechanism, civil defamation, was available.

Following Peta’s arguments, the court declared criminal defamation unconstitutional with retrospective effect.

In a telephone interview on Wednesday, Kanyongolo, who teaches law at the University of Malawi, said even Malawi ought to declare criminal defamation unconstitutional.

He said: “Many advocates for media freedom, including myself, have argued that there is no place for criminal defamation in a country like ours and our Constitution.

“I think it is an unjustified limitation on freedom of expression because it is not necessary for the State to be involved in the protection of personal reputation as we already have civil law.”

In a separate interview, MLS president Mwiza Nkhata said despite the declaration being made in a foreign court, it will influence similar cases, most notably in countries that are former British colonies as they have similar provisions.