Twenty years after the Windhoek Declaration on press freedom

Post <strong>Windhoek</strong>, Malawi moves
backwards
By Alaudin Osman
Alaudin Osman, director of Capital
Radio in Malawi, was one of <strong>the</strong>
nine signatories of <strong>the</strong> <strong>Windhoek</strong>
<strong>Declaration</strong> and a founding member
of <strong>the</strong> Regional Governing Council
of <strong>the</strong> Media Institute of Sou<strong>the</strong>rn
Africa, MISA, which was established
in 1992.
<strong>Twenty</strong> <strong>years</strong> <strong>after</strong> <strong>Windhoek</strong>, it’s
still a struggle against political and
economic challenges to set up and
run an independent radio station in
Malawi.
I’ve been managing Capital Radio,
one of Malawi’s first private radio
stations, since 2000. I’m now 66
<strong>years</strong> old. It’s a job that’s becoming
more challenging as successive
governments continue to introduce
new laws and tighten regulations in
<strong>the</strong>ir attempts to limit free speech.
Malawi has a constitution that
clearly stipulates media freedom.
However, <strong>the</strong> government recently
amended Section 46 of <strong>the</strong> Penal
Code to empower a cabinet minister
to ban publications deemed “not in
<strong>the</strong> public interest”.
While this new legislation applies
to <strong>the</strong> print media, it is arguably a
blank cheque with <strong>the</strong> knock-on effect
to ban radio stations. Our hope
is that no court in Malawi would
uphold it. The matter is now before
<strong>the</strong> courts. But so is a challenge
ga<strong>the</strong>ring dust that I put up a few
<strong>years</strong> ago against a section of <strong>the</strong>
Section 3: Independence
Protected Flag, Emblems and Names
Act. This is a law that makes it an
offence to utter words or publish in
writing anything that insults, ridicules
or disrespects <strong>the</strong> president.
Several o<strong>the</strong>r archaic laws from <strong>the</strong>
colonial era are still on <strong>the</strong> statute
books. O<strong>the</strong>r restrictions include a
requirement by President Bingu wa
Mutharika for Malawians to deposit
amounts of up to US$33 500 with
<strong>the</strong> authorities before going on
public demonstrations; <strong>the</strong> arrests
of several leaders of civil society for
speaking out in <strong>the</strong> media against
his government; and <strong>the</strong> barring of
reporters from covering high-level
public functions.
“...it’s still a struggle
against political and
economic challenges
to set up and run an
independent radio
station in Malawi.”
Malawi, like all SADC countries that
have paid lip service to <strong>the</strong> <strong>Windhoek</strong>
<strong>Declaration</strong>, has committed itself to
an independent, pluralistic and free
press that is essential to <strong>the</strong> development
of and maintenance of democracy
for economic development. The
recent developments show that it is
taking several steps backwards, post-
<strong>Windhoek</strong>.
The economic challenges of running
an independent radio station are also
on par with that of political survival
in Malawi. With up to 23 broadcasters
now on air, <strong>the</strong> impression could
easily be gained of a booming indus-
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