Withhold Assent to Copyright Bills: Malawian Creators Demand Inclusive Reform and Justice


Withhold Assent to Copyright Bills: Malawian Creators Demand Inclusive Reform and Justice
The Issue
Malawi’s creative practitioners — musicians, filmmakers, writers, visual artists, designers, performers and other cultural and creative industry players — are directly affected by two new Bills that were unilaterally drafted and passed by Parliament in February 2025, without any consultation. This violates the Constitution of the Republic of Malawi, which guarantees citizen participation in policy and law-making processes. The Copyright (Amendment) Bill, 2025, and the Companies, Registrations and Intellectual Property Centre Bill, 2025, strip the Copyright Society of Malawi (COSOMA) of its statutory mandate and transfer copyright enforcement to a new entity that is not aligned with the sector. Creators and sector leaders were not consulted, no public engagement was conducted, and the sector was excluded from decisions that directly affect its rights, income and future.
If these Bills are enacted without the input of creative industry stakeholders, Malawi risks silencing the voices of its creators and dismantling the few existing structures that protect their work. The proposed centralised IP Centre — effectively a rebranded Department of the Registrar General — lacks the sector-specific expertise needed to manage copyright effectively for the creative industries. Despite its mandate under the National Intellectual Property Policy (2019), the Registrar’s Office has not actively engaged the creative sector, nor has it implemented the IP awareness strategies that the policy demands — a failure that also contravenes the Access to Information Act (2016). This unilateral transfer of COSOMA’s mandate risks confusing creators about where and how to register their works, weakening enforcement of their rights, delaying royalty payments, and introducing new bureaucratic barriers — especially for rural and emerging artists. Such a move threatens to destabilise Malawi’s creative economy — a vital sector for youth employment, innovation, national identity and cultural diplomacy. Worse still, it sets a dangerous precedent of law and policy-making without participation, undermining constitutional principles and public trust in national governance.
His Excellency the President of Malawi has not yet assented to the Bills. That means we still have a chance — a critical window — to ensure these reforms are done right: with the sector, not to it. This is a defining moment. We must defend our creative power, protect the rights of Malawian creators, and uphold our constitutional values of inclusion, transparency, and democratic participation. Now is the time to act. By signing this petition, you are standing for fairness, for creative justice, and for a future where artists and creators help shape the laws that govern them. Sign to support this call. Let us build — not dismantle — the future of Malawi’s creative economy. Your voice matters.
Read our Position Paper at https://www.dropbox.com/scl/fi/yqp5rci0ixpw5aq7dknhm/MALAWI-ARTS-POSITION-PAPER.pdf?rlkey=s0voyyxmaceqg5df7d8rdnv88&st=5x4p8na9&dl=0
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The Issue
Malawi’s creative practitioners — musicians, filmmakers, writers, visual artists, designers, performers and other cultural and creative industry players — are directly affected by two new Bills that were unilaterally drafted and passed by Parliament in February 2025, without any consultation. This violates the Constitution of the Republic of Malawi, which guarantees citizen participation in policy and law-making processes. The Copyright (Amendment) Bill, 2025, and the Companies, Registrations and Intellectual Property Centre Bill, 2025, strip the Copyright Society of Malawi (COSOMA) of its statutory mandate and transfer copyright enforcement to a new entity that is not aligned with the sector. Creators and sector leaders were not consulted, no public engagement was conducted, and the sector was excluded from decisions that directly affect its rights, income and future.
If these Bills are enacted without the input of creative industry stakeholders, Malawi risks silencing the voices of its creators and dismantling the few existing structures that protect their work. The proposed centralised IP Centre — effectively a rebranded Department of the Registrar General — lacks the sector-specific expertise needed to manage copyright effectively for the creative industries. Despite its mandate under the National Intellectual Property Policy (2019), the Registrar’s Office has not actively engaged the creative sector, nor has it implemented the IP awareness strategies that the policy demands — a failure that also contravenes the Access to Information Act (2016). This unilateral transfer of COSOMA’s mandate risks confusing creators about where and how to register their works, weakening enforcement of their rights, delaying royalty payments, and introducing new bureaucratic barriers — especially for rural and emerging artists. Such a move threatens to destabilise Malawi’s creative economy — a vital sector for youth employment, innovation, national identity and cultural diplomacy. Worse still, it sets a dangerous precedent of law and policy-making without participation, undermining constitutional principles and public trust in national governance.
His Excellency the President of Malawi has not yet assented to the Bills. That means we still have a chance — a critical window — to ensure these reforms are done right: with the sector, not to it. This is a defining moment. We must defend our creative power, protect the rights of Malawian creators, and uphold our constitutional values of inclusion, transparency, and democratic participation. Now is the time to act. By signing this petition, you are standing for fairness, for creative justice, and for a future where artists and creators help shape the laws that govern them. Sign to support this call. Let us build — not dismantle — the future of Malawi’s creative economy. Your voice matters.
Read our Position Paper at https://www.dropbox.com/scl/fi/yqp5rci0ixpw5aq7dknhm/MALAWI-ARTS-POSITION-PAPER.pdf?rlkey=s0voyyxmaceqg5df7d8rdnv88&st=5x4p8na9&dl=0
109
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Petition created on 28 May 2025