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2007 Assessment

Malawi: Integrity Indicators Scorecard

Malawi: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	100
7	Are citizens able to form broadcast (radio and TV) media entities?	63
8	Can citizens freely use the Internet?	100
9	Are the media able to report on corruption?	75
10	Are the media credible sources of information?	40
11	Are journalists safe when investigating corruption?	100

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Chapter IV Section 36

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Chapter IV Section 35

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments:

References: 1) Levi Zeleza Manda "Media" in Nandini Patel and Lars Svasand "Government and Politics in Malawi" Kachere books, 2007

2) Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: Print media have no specific legal system of registration. Print media houses are registered as companies, hence they utilize the Registrar of Companies through the "Companies Act 1984" of Malawi

References: Companies Act 1984, Section 70

Peer Review Comments: Not all publishers have to form companies. Some are partnerships, registered only in the books of Registrar of Business Names.

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments:

References: Bright Kumwenda, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

Interview with Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments:

References: Bright Kumwenda, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

Interview with Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments:

References: 1) Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

2) Daily Times reporter, "Surely, This Confusion over TV License Is Uncessary", Daily Times, Aug. 31, 2007

Peer Review Comments: There is a lot of red tape to surmount. Lately, government has been trying to block Joy TV from operating claiming its licence expired. Other radios such as Capital and MIJ 90.3fm have faced resistance mainly because of their critical stand

Peer Review Comments: www.misa.org - Joy TV censored, October 29, 2007

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments:

References: Communications Act, Part III Section 19 (2)

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments:

References: Bright Kumwenda, reporter, Nation newspaper, Sept. 10, 2007, Blantyre

Simukonda Kaluzi, program officer, CONGOMA, Sept. 12, 2007, Blantyre

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments:

References: 1) Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

2) Bright Kumwenda, reporter, newspaper, Sept. 11, 2007, Blantyre

3) Levi Zeleza Manda. "Media" in Nandini Patel and Lars Svasand "Govrnment and Politics in Malawi" Kachere books, 2007

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published online.

Score:

100

Comments:

References: Interview with Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

Interview with Bright Kumwenda, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

Peer Review Comments: Attempts have been made by the current Minister of Information Patricia Kaliati to limit Internet use in Malawi.

[ LINK ]

8b: In practice, the government does not censor citizens creating content online.

Score:

100

Comments:

References: Interview with Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

Interview with Bright Kumwenda, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments:

References: Communications Act, Third Schedule, Section 52 (1-8)

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments:

References: 1) Levi Zeleza Manda "Media" in Nandini Patel and Lars Svasand, Government and Politics in Malawi. Kachere books, 2007

2) Interview with Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments:

References: Interview with Bright Kumwenda, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

Interview with Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

Are the media credible sources of information?

10a: In law, print media companies are required to disclose their ownership.

Score:

YES

Comments:

References: This is not applicable.

10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership.

Score:

YES

Comments:

References: Communications Act 108 (2b)

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments:

References: 1) Levi Zeleza Manda "Covering the Elections: The Role of the Media" in Martin Ott et al. The Power of the Vote. Kachere books, 2004

2) Interview with Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

Peer Review Comments: There are a lot of lapses these days. Editors are forced to retract their stories by sources and at times advertisers whenever the external parties feel aggrieved. There have also been scenarios whereby editors have instructed their reporters to back-track on stories

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments:

References: 1) Levi Zeleza Manda "Covering the Elections: The Role of the Media" in Martin Ott et al. The Power of the Vote. Kachere books, 2004

2) Interview with Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments:

References: 1) Levi Zeleza Manda "Covering the Elections: The Role of the Media" in Martin Ott et al. The Power of the Vote. Kachere books, 2004

2) Interview with Happy Kayuni, lecturer, Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

Peer Review Comments: State-controlled broadcasters such as Television Malawi and Malawi Broadcasting Corporation constrict access to the opposition. The ruling party and incumbent president is given almost 100% coverage of their rallies and activities, but the opposition is never heard, even in the most crucial scenario when there is need to balance stories with them. At present the current government is running propaganda programmes targeting the opposition, in particular former President Bakili Muluzi with the aim of swaying public opinion in government's favour.

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: 1) Interview with Richard Tambulasi, lecturer and head of Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments:

References: 1) Interview with Richard Tambulasi, lecturer and head of Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: 1) Interview with Richard Tambulasi, lecturer and head of Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Interview with Jacob Jimu, reporter, Nation newspaper, Sept. 11, 2007, Blantyre