Comforting that Chakwera’s administration always willing to engage and resolve issues relating to media freedoms—journalist Frank Phiri

* Relations between media, the State House and government can’t always be expected to be rosy because the media’s role is that of a watchdog

* But more work needs to be done — the Presidency must open up more to demonstrate that it’s not glossing over provisions of the Access to Information (ATI) law

By Duncan Mlanjira

After attending the Presidential Breakfast which President Lazarus Chakwera hosted at Kamuzu Palace this morning for Media Institute of Southern Africa (MISA) Malawi Chapter, journalist Frank Phiri said it is comforting to note that under the current regime, there is always a willingness to engage and resolve issues relating to media freedoms.

The breakfast meeting was arranged ahead of the World Press Freedom Day 2024 to be globally commemorated tomorrow, May 3 and in his address, President Chakwera pledged that Malawi media can confidently present to him with recommended areas of improvement in press freedoms.

He committed himself to the ideals of press freedom — “not only expressed in words — but with actions such as the operationalization of the Access to Information Act (ATI); the removal of primitive laws that criminalized insults against the President; an open door policy that brings the press into the inner sanctums of Government; and a posture of great displeasure against any public servant who presumes to abuse his office or misuse my name to induce police officers to act on their behalf instead of acting in accordance with the law.

“So I want to say it again today, Malawi is a free country and its freedom includes that of the press, which is enshrined in the highest laws of our land.”

In his remarks, Frank Phiri took note that relations between media, the State House and government “can’t always be expected to be rosy because the media’s role is that of a watchdog”.

“But more work needs to be done — the Presidency must open up more to demonstrate that it’s not glossing over provisions of the Access to Information (ATI) law.

“On the other hand, forums like the Presidential Breakfast send signals to the media to appreciate the need for candid and sincere engagement with the government.”

Frank Phiri, who once was business editor for Times Group — then as Blantyre Newspapers Limited, publishers of The Daily Times, Malawi News & Sunday Times — is now into public relations.

He said: “It was also pleasing to note that State House recognizes the media in its diversity as evidenced by the invitation of journalists from mainstream media and public relations practitioners — both from the private and public sectors.

“Going forward, the scope of the event has potential to be broadened to give more room for networking by both sides,” said Frank Phiri, who is with FD Communications.

Meanwhile, the President assured that he had taken note of various developments which MISA Malawi Chapter vice-president, Chisomo Ngulube presented and before that she profoundly thanked him for hosting the media practitioners to a World Press Freedom Day Breakfast for the third time in the four years of his presidency.

“Your leadership initiated this tradition and these breakfast engagements have transformed the way we celebrate World Press Freedom Day in Malawi,” she said. “We consider this an expression of your commitment to media freedom, freedom of expression and access to information.  

“Through these engagements we have been accorded a rare opportunity of engaging your high office on the developments in the media sector. This is an opportunity that our colleagues in the region and other parts of the world dream about.

“We do not take such engagements for granted and hope the tradition will continue,” she said, while adding that the global theme for World Press Freedom Day 2024 — ‘A Press for the Planet: Journalism in the face of the Environmental Crisis’ — reflects on the importance of the media broadly and journalism specifically in safeguarding the environment.

“The theme is also a call for us to reflect on the importance of freedom of expression in the context of the current global environmental crisis.

“The theme is telling us that awareness of all aspects of the global environmental crisis and its consequences is essential to build democratic societies and journalistic work is indispensable for this purpose.

“As MISA Malawi, we have also chosen to celebrate with a local theme, ‘Guardians of Democracy: Championing Media Independence for Credible Elections’ to cast the spotlight on the importance of a free and independent media for free, fair and credible elections, sustainable development and democracy.

“This is an important theme as Malawi will be heading to the polls next year. The media is central in not only ensuring that Malawians have access to credible and relevant information about the elections, they also have a key role to play to level the playing field for candidates.

“It is important for journalists to provide equal access to the media for all candidates regardless of their political and social standing in society. The media ought to digest and analyze the practicality, importance or relevance of the things politicians will be promising Malawians without taking sides.

“The media, including the public broadcaster, ought to be given the support and independence to carry out their work. We believe that our local theme will help us reflect and discuss how the sector can effectively contribute to free and fair elections and active citizen participation in the governance and democratic process.”

She then turned to the developments in the Malawi media sector that includes:

I. Government support towards MISA Malawi

She highlighted that in the past 12 months, the industry continued receiving huge support from the President’s office, saying he has personally supported fundraising efforts, more especially on the construction of MISA Malawi Training Centre at Mtolankhani Premises at Airwing.

He financially supported the fundraising Fun Run and Dinner & Dance in 2023 and roofing and plastering of the building are now done while  looking for resources for the finishing stage.  

“In July 2023, we also had an engagement with State House communications team where we explored possible areas of collaboration, including a more direct interaction between the media and the Presidency.

“During that engagement, Director of Communications, Dr. Kent Mphepo indicated that State House has always been ready to support and work with the media to help Malawi achieve the MW2063 agenda and other short and medium term national development frameworks. “We thank you for your commitment to press freedom and we hope for more collaboration as we all aim to develop Malawi, democratically and economically.

II. Legal reforms

She also commended Chakwera’s administration for championing general policy and legislative reforms that largely favour the media sector that included the 2020 operationalisation of the Access to Information Act, the 2022 repeal of sedition laws and amendment of Protected Flag, Emblems & Names Act to remove ‘President’ as one of the ‘Protected names’, in December 2023.

“We celebrated yet another milestone in legislative reform, the arrival of the Data Protection Law. We celebrated the coming of such a law as it means protection of information/data for Malawians, including journalists and sources of information, from unwarranted access.

“Data protection is very important in promoting media freedom and freedom of expression, key rights that MISA Malawi promotes.”

III. Access to Information

She told the President that in the past 12 months, the Ministry of Information & Digitalisation released list of some information officers under the Access to Information Law — for the first time since the Act was operationalized in September 2020.  

“We also observed that some public institutions started making efforts by engaging the Malawi Human Rights Commission to train their members of staff on Access to Information Law.”

IV. Broadcasting sector

This sector has also experienced reforms as taskforce on refarming that MACRA constituted finalized the process and created room for the licencing of more radio stations.  As of the beginning of this year, Malawi Communications Regulatory Authority (MACRA)  had allocated frequencies to 76 radio stations and about 17 television stations.

“These radio stations are operating at national, regional and community levels, making important information easily accessible even in remote areas in the country. This is very good news for us who believe that broadcasting diversity protects democracy and public interest.”

She thus raised some calls and concerns, saying “despite the positive developments in the sector, we still remain with a number of stains that need to be removed for us to fully realise and enjoy the fundamental freedoms of the press, expression and information.

“I am sad to report to you that in the past 12 months, we have registered 11 cases in which over 25 journalists were subjected to police searching of their computers and mobile phones, arbitrary arrests, threats, and harassments for merely doing their job.

“These attacks have a chilling effect on journalists and the media in Malawi. To make matters worse, no perpetrator of such attacks on journalists has been investigated and prosecuted by the police.

1. As 2025 elections season in already here, fears are there that supporters of political parties become more violent towards journalists and the media in general.

“We believe government should ensure that journalists covering 2025 elections are protected from any kind of violence. We need all political parties to tame their supporters and look at journalists as an important stakeholder in politics and election.

2. We also call for review of laws that continue to affect our work. Of special mention are Criminal Defamation laws in the Penal Code and Electronic Transactions and Cybersecurity Act of 2016 which are being implemented by police in a manner that is becoming a threat to media freedom and free speech.  

“A recent example is the case of journalist Macmillan Mhone in which a government agency is abused to advance personal interests at the expense of press freedom and public’s right to know.

“Our resource-constrained police is using its limited resources to transfer a harmless journalist from Blantyre to Lilongwe to answer a case that could have easily been prosecuted in Blantyre where we equally have competent courts and police prosecutors.

“Mhone was transferred 300km, which was a waste of public resources that could have been utilized for other important engagements within the Police Service. We need to seriously reflect on such actions as well as laws that seek to criminalise journalism and free expression.

“We need to have laws that promote civil measures of resolving disagreements with the media rather than the current criminal penalties to protect press freedom.

3. We also call for effective implementation of the Access to Information Act through enhanced funding to the Human Rights Commission and instilling a culture of proactive disclosure in public bodies as stipulated in the ATI Act.

“Many public institutions, including local councils that are receiving huge sums of funds out of the development budget, remain closed and unaccountable.

4. We also call for the review of broadcasting licence fees to ensure that they are fair to broadcasters. We also believe that the fees should be in Malawi Kwacha and not the US dollars. The consequences of dollar-pegged broadcasting fees are dire considering the unreliable standing of the kwacha.

“Broadcasters conduct their businesses in Malawi Kwacha and it is really unfair to subject them to fees that are pegged to the US dollar. Such an approach undermines the principles of the African Charter on Broadcasting as well as the fundamental rights and freedoms enshrined in our Constitution.  

5. We call upon government to continue supporting the media self-regulation framework that we have. The media believes professionalism is key to media freedom and we will continue to strive to be as professional as we can.

6. We are concerned with the strained relations between the media and the police. The authorities at the Malawi Police Service should live to their commitment on press freedom and consider the media as a partner and not an enemy of the Service. We are partners. The Police needs the media and the media needs the police.

7. We are also concerned that the 2023 MACRA-National Statistical Office Survey indicates that only 18% of Malawians have access to the internet. 18% is an increase from 14.6% found in the 2019 survey, but looking at the importance of the internet in modern economy, leaving 82 people out of every 100 from accessing the internet is concerning and we need to policy reforms and actions to improve access to the internet for majority of our brothers and sisters.

Starting point might be the cost of data, as well as gadgets that we use to access the internet. Government needs to reflect on the tax regime on such gadgets to promote access.” 

She concluded by quoting what Chakwera said during the 2023 Breakfast: “If you want to protect or promote someone’s right to speak, say it publicly and loudly. If you want to protect or promote someone’s right to fair trial, say it publicly and loudly. In other words, freedom of expression and freedom of the press is not just a right — it is a sacred responsibility we must take seriously because the promotion and protection of all other rights depend on it”.

Celebrations for the World Press Freedom Day Malawi, include MISA Malawi Annual Media Awards Gala Dinner to take place in Mangochi on Saturday and Ngulube said: “Today’s breakfast engagement is a good way of starting the celebrations this year.”