In 2011, Malawi amended its articles that criminalize homosexuality between men to also include sex between women. The punishment is a maximum of fourteen years in prison with corporal punishment.

In June of 2024, Malawi's Constitutional Court upheld the laws that criminalize homosexuality after a challenge was made.

In April of 2015, Malawi’s Marriage, Divorce and Family Relations Law came into effect. The law, among other things, prevents gay marriages from receiving any recognition. It also defines marriage and co-habiting relationships as between a man and a woman.

The law also criminalises heterosexual relationships between transgender and cisgender people of the opposite gender by determining gender as the sex assigned at birth.

In Malawi, there are no laws restricting the discussion or promotion of LGBTQ+ topics since the 2011 repeal of a law prohibiting "men from having long hair."

Trans Malawians have been denied recognition since the Marriage, Divorce and Family Relations Act in 2015, which determines sex as being the gender assigned at birth. They also face criminalisation under laws against cross-dressing.

Gender affirming care is not provided in Malawi. Trans Malawians often self-medicate as a result.

There is no legal recognition of non-binary identities.

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."

The Employment Act does not mention sexual orientation or gender as a protected category.

LGBT Malawians are not protected from housing discrimination.

There is no ban on intersex infant surgery in Malawi. However, there were also no reports of it taking place.

Homosexuality is illegal.

Homosexual activity is illegal in Malawi but the Malawi Blood Transfusion Service (MBTS) does not directly address MSMs in their donor criteria, leaving no ban in place.

Conversion therapy is not banned in Malawi but there is limited information on its scope.

Not applicable since same-sex relationships are illegal.