ABSTRACT
The media sector expanded after the multiparty system’s reintroduction in the 1990s in Malawi. The growth has been enabled by a legal environment in which the Constitution guarantees freedom of expression and the press. The Constitution is the supreme law of the land, meaning that all the laws that contradict or are inconsistent with it are invalid. There are no formal restrictions on media freedom in the country. Successive government administrations have proudly stated that no journalist in Malawi has been persecuted for doing their journalistic work. While it is technically correct that no journalist has been prosecuted for their work, in this chapter, I argue that journalists still face different types of harassment on the government’s watch. Forms of harassment include arbitrary arrests and detentions and verbal and physical attacks by political party supporters, the police, members of parliament, and cabinet ministers. Although most attacks on journalists and media institutions happen in plain sight, sometimes, in the presence of the state President, not a single perpetrator of violence has been held to account for their actions. Using key informant interviews with journalists, MISA Malawi National Director and MISA Malawi annual reports document the harassment of journalists in the country. I argue that although media freedoms are guaranteed in the law, the failure to apprehend perpetrators of violence against journalists is akin to the approval of violence by the government, which has the responsibility to uphold the tenets of the law to protect its citizens. Harassment of journalists with impunity amounts to outsourced repression, which has a chilling effect on journalists and their institutions; it undermines media freedom and democratic governance, which depends on informed citizens to participate in democratic processes effectively. I use public sphere theory, which recognises the media as a public forum, free of coercion, where citizens access information and engage in discussions and debate on issues of public interest.
