HRCC seeks MHRC guidance on balancing free speech, protection from defamation

…..Alexious Kamangila’s slanderous remarks on social media underspotlight….

LILONGWE-(MaraviPost)-The Human Rights Consultative Committee (HRCC) has formally written to the Malawi Human Rights Commission (MHRC) seeking guidance on how Malawi can strike a balance between the constitutional right to freedom of expression and the need to protect individuals and institutions from defamation and reputational harm.

In a letter seen by Maravi Post and signed by HRCC Chairperson Robert James Mkwezalamba and Board Member Desmond Mhango, the Committee emphasizes that while it strongly supports freedom of expression as provided under Section 35 of the Constitution, the right must be exercised responsibly and within legal boundaries that respect the dignity and reputation of others.

HRCC notes with concern a growing trend in Malawi where serious allegations are increasingly being circulated on social media platforms without verified evidence or proper reporting through established legal channels.

According to the Committee, such practices risk undermining public trust in key institutions.

The Committee specifically highlights statements allegedly made by Alexious Kamangira, who has been publicly accusing members of the Judiciary of widespread corruption including senior figures such as the Chief Justice and judges of higher courts.

HRCC says while corruption allegations are serious and deserve investigation, raising them publicly without formal complaints to bodies like the Anti Corruption Bureau raises serious legal and ethical concerns.

HRCC further warns that publishing unverified claims may amount to defamation under Malawian law, exposing individuals to both civil liability and possible criminal sanctions under the Penal Code.

The Committee stresses that such conduct may infringe on fundamental rights including the right to dignity and fair treatment.

The Committee also expresses concern over the misuse of digital platforms, particularly when individuals making allegations may fall outside Malawi’s effective legal jurisdiction, thereby complicating accountability.

In light of these developments, HRCC is calling on the Malawi Human Rights Commission to take a leading role in addressing the issue.

Among the key requests, the Committee is urging the Commission to issue a public advisory that clearly defines the boundaries between freedom of expression and defamation.

Additionally, HRCC is proposing the development of national guidelines on responsible digital expression, which would encourage citizens to verify information before publication and to use lawful mechanisms when raising allegations.

The Committee has also called for broader engagement with stakeholders including civil society organizations, media practitioners and digital content creators, to promote responsible and rights based public discourse.

HRCC believes that such interventions will help foster a culture where freedom of expression is exercised responsibly, without infringing on the rights of others or damaging the integrity of public institutions.

The Committee has since indicated that it is awaiting a formal response from the Commission, expressing hope that clear guidance will soon be provided to address the growing concerns in the digital public space.

Meanwhile, MHRC has recognised the receipient of HRCC letter.

The commission has told the Maravi Post that is the process of reviewing letter before giving the response.

This comes Kamangila as has been making slunder statements on his Facebook wall while attacking everyone who seem to be against his attitudes in the name of fighting corruption.