Constitutional lawyer Edge Kanyongolo has trashed government’s threats to use the Penal Code to deal with people said to be spreading false rumours about the health of President Peter Mutharika saying the law in question infringes freedom of expression and should be repealed.
Kanyongolo further said the law is too broad and its constitutionalism can be challenged. He also said the law does not specifically talk about the president but any citizen of the country.
Minister of Information, Malison Ndau, issued a statement on Sunday threatening that government will deal with those said to be spreading false rumours about the health of the President.
“Spreading false rumours about the health of the President is a criminal offence and unless this behaviour stops forthwith, government will not hesitate to bring to book those responsible for this irresponsible, malicious and damaging rumour-mongering which is clearly aimed at spreading fear and panic among law abiding Malawians,” Ndau said in the statement.
Kanyongolo said Ndau was citing Section 60 (1) of the Penal Code but was quick to add that sub-Section (2) provides the defence where one is required to demonstrate that he took measures to verify the rumours to believe that they were true.
“This law violates freedom of expression. It is in conflict with the Constitution because it is too broad. Its constitutionalism can be challenged. It is not simple to apply because you have to define a rumour, alarm and others. It is not specific for the president but every citizen of the country,” said Kanyongolo in an interview yesterday.
He said the minister’s statement is misleading in that it portrays as if there is specific section that protects the president from rumour-mongering.
“There is no offence against rumour mongering against the President but anyone in the country,” said Kanyongolo adding that the issue is technical and it better be handled by the Attorney General or the Director of Public Prosecutions and not the minister.
Ndau’s phone was perpetually busy when we called him several times yesterday.
In the statement, Ndau condemned “in very strong terms the behaviour of people who are spreading rumours on the social media to the effect that the State President, His Excellency Professor Arthur Peter Mutharika, is critically ill in the United States of America (USA).
“These rumours are baseless, malicious and sickening to say the least. The President is enjoying very robust health and is continuing to carry on his functions and duties whilst in the USA,” he added.
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