Abstract

The online Malawi Daily Times newspaper of 25 July 2008 carried a news article that the Malawi Police Service (MPS) had arrested Mr N. and Ms M. on allegations of producing or possessing ‘indecent’ material with the intention of corrupting morals in contravention of section 179 of the Penal Code. It appears that prosecutors in the MPS intend to use criminal law to prosecute Mr N. and Ms M. The facts of this case as presented by the media (which may not be the full facts) will challenge the mind of any lawyer to evaluate their implications along multiple legal and constitutional dimensions. I will assume that the ‘facts’ are nothing more than mere allegations.