Current Version
| Region | Malawi |
| Issue | LGBT discrimination |
| Status | Illegal in some contexts |
| Start Date | 2019 |
| End Date | (none) |
| Description | The Constitution of Malawi purports to protect all citizens from all forms of discrimination, however it does not refer to gender identity or sexual orientation as protect categories, and the LGBT community in Malawai continues to face discrimination. However, since 2019, there is limited protection based on gender identity and sexual preference. The Communications (Broadcasting) Regulations 2019, defines "hate messages" as a speech intended to degrade, intimidate or incite violence or prejudicial action against a person or group of people base on their gender identity, among other categories. Section 11(1-e) states that "a broadcasting licence shall not broadcast programmes which contain, promote or perpetuate hate messages or any prejudices against any person or groups of people." Section 30(2-d) states a licensee, or its employee, shall not broadcast live any matter which "is likely to incite or perpetuate hatred or vilify any person or section of the society on account of race, ethnicity, nationality, gender, sexual preference, age, disability, religion, culture or any other status of that person or section of the society." |
| Sources | https://malawilii.org/akn/mw/act/1994/20/eng@2020-11-03#chp_IV https://www.hrw.org/news/2018/10/26/malawi-arrests-violence-against-lgbt-people The Communications (Broadcasting) Regulations 2019: https://malawilaws.com/StatutesActpdf/2019subsidiarypdf/026.pdf |
Revision History (5)
| Old Value | New Value (Current) | |
|---|---|---|
| Value | No protections | Illegal in some contexts |
| Start Date | (unknown) | 2019 |
| Description | The Constitution of Malawi purports to protect all citizens from all forms of discrimination, however it does not refer to gender identity or sexual orientation as protect categories, and the LGBT community in Malawai continues to face discrimination. | The Constitution of Malawi purports to protect all citizens from all forms of discrimination, however it does not refer to gender identity or sexual orientation as protect categories, and the LGBT community in Malawai continues to face discrimination. However, since 2019, there is limited protection based on gender identity and sexual preference. The Communications (Broadcasting) Regulations 2019, defines "hate messages" as a speech intended to degrade, intimidate or incite violence or prejudicial action against a person or group of people base on their gender identity, among other categories. Section 11(1-e) states that "a broadcasting licence shall not broadcast programmes which contain, promote or perpetuate hate messages or any prejudices against any person or groups of people." Section 30(2-d) states a licensee, or its employee, shall not broadcast live any matter which "is likely to incite or perpetuate hatred or vilify any person or section of the society on account of race, ethnicity, nationality, gender, sexual preference, age, disability, religion, culture or any other status of that person or section of the society." |
Show Difference | ||
| Sources | https://malawilii.org/akn/mw/act/1994/20/eng@2020-11-03#chp_IV https://www.hrw.org/news/2018/10/26/malawi-arrests-violence-against-lgbt-people | https://malawilii.org/akn/mw/act/1994/20/eng@2020-11-03#chp_IV https://www.hrw.org/news/2018/10/26/malawi-arrests-violence-against-lgbt-people The Communications (Broadcasting) Regulations 2019: https://malawilaws.com/StatutesActpdf/2019subsidiarypdf/026.pdf |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Value | Illegal in some contexts | No protections |
| Description | Homosexuality is illegal there. Some discrimination protections under the criminal code. As well under Human rights institute mandate for protection for sexual orientation. | The Constitution of Malawi purports to protect all citizens from all forms of discrimination, however it does not refer to gender identity or sexual orientation as protect categories, and the LGBT community in Malawai continues to face discrimination. |
Show Difference | ||
| Sources | http://www.loc.gov/law/help/criminal-laws-on-homosexuality/african-nations-laws.php#_edn23 http://ilga.org/downloads/2017/ILGA_WorldMap_ENGLISH_Protection_2017.pdf | https://malawilii.org/akn/mw/act/1994/20/eng@2020-11-03#chp_IV https://www.hrw.org/news/2018/10/26/malawi-arrests-violence-against-lgbt-people |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Description | Homosexuality is illegal there. Some discrimination protections under the criminal code. | Homosexuality is illegal there. Some discrimination protections under the criminal code. As well under Human rights institute mandate for protection for sexual orientation. |
Show Difference | ||
| Sources | http://www.loc.gov/law/help/criminal-laws-on-homosexuality/african-nations-laws.php#_edn23 | http://www.loc.gov/law/help/criminal-laws-on-homosexuality/african-nations-laws.php#_edn23 http://ilga.org/downloads/2017/ILGA_WorldMap_ENGLISH_Protection_2017.pdf |
Show Difference | ||
Reports (1)
- Status is not correct "there is no protection from discrimination"
| Old Value (Original) | New Value | |
|---|---|---|
| Value | No protections | Illegal in some contexts |
| Description | Homosexuality is illegal there. | Homosexuality is illegal there. Some discrimination protections under the criminal code. |
Show Difference | ||
| Sources | No | http://www.loc.gov/law/help/criminal-laws-on-homosexuality/african-nations-laws.php#_edn23 |