National Overview Malawi 2011 - Media Institute of Southern Africa

tion to the ruling political party factions.This political polarisation in the mediais further exacerbated by opposingpolitical factions, which are ever-presentwithin either pro- or anti-establishmentmedia organisations. Thus, media organisationscomprise members of differentpolitical factions. This creates variousforms of opposing factional struggle, rivalry,antagonism and tension within amedia organisation.While at times factionalism has underminedthe role of media freedom incultivating a democratic culture as evidencedby sporadic cases of sensationalism,misinformation and character assassination,they have generally remainedresolute in their watchdog role. Competitionamong rival political factionsor members of a faction creates fertileground for news scoops. As such casesof corruption, violation of human rights,disregard of provisions of the Constitutionand all forms of social injustice haveoften been leaked to and published inthe media. Since membership to any factionis fluid, a shrewd media practitionermay navigate and enjoy entitlements ofdifferent dominant factions by switchingallegiances. However, this may not bedesirable as journalists will become tooclose to their sources to remain comfortablyobjective, impartial, fair and notcompromising the trust and credibility ofthe media houses they work for.Legislative environmentThe legislative environment in 2011was restrictive rather than enabling.Existing laws have been tactfully andsystematically instituted to stifle mediafreedom, mainly through selective enforcementand application of the law forpolitical expediency. Law enforcementagents have been utilised as legitimatemeans to control the media.In Malawi an accused person is presumedinnocent until proven guilty in acompetent court of law and the Constitutionrequires that such person shouldbe charged within 48 hours of arrest.Media workers have been arrested andcharged but cases do not proceed to ajust conclusion in a court of law. Thus,the State systematically uses the ‘arrestand-drop-charges’tactic to harass andpunish media workers and control themedia.New laws have been enacted to furtherlimit the scope of media freedom.The media have been fighting againstthe effecting of these media laws becausethey negate the Constitutionalguarantees to media freedom and freedomof expression.Malawi has introduced a law thatgoverns civil procedures in suits againstthe Government or public officers. It providesfor an inter-parte hearing wheneveran injunction is being sought againstany arm of government, effectivelystopping courts from granting injunctionsagainst government or its officersbefore they are heard. The law furtherrequires that government be given noticeof three days before the inter-partehearing is conducted.The media have often sought courtrelief against government infringementson media freedom. For example,when government banned The WeekendSo This is Democracy • 2011 67