2011 Malawian Air Fouling Legislation

The 2011 Malawian Air Fouling Legislation is a section of the Local Courts bill submitted to the parliament of Malawi in February 2011 that bans fouling the air. When the Minister of Justice claimed that the bill made farting in public illegal, the story made headlines around the world. Later, the minister retracted his statement.^[1]

Legislation and interpretation

The relevant clause in the bill reads: "Any person who vitiates the atmosphere in any place so as to make it noxious to the public to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way shall be guilty of a misdemeanour".^[2] The bill would also punish "any person disturbing religious assemblies, trespassing on burial places," or "insulting the modesty of a woman", as well as citizens who hinder the burial of dead bodies and people who pretend to be fortune tellers.^[3]

Speaking in January 2011 on Capital Radio Malawi's popular "Straight Talk" program, George Chaponda, Minister for Justice and Constitutional Affairs, said the legislation bans farting in public places and makes it an official criminal offense.^[1] He said: "Would you be happy to see people farting anyhow? ... Just go to the toilet when you feel like farting".^[2] Chaponda said that people had felt free to fart anywhere since Malawi embraced multi-party politics 16 years earlier. He said "It was not there during the time of dictatorship because people were afraid of the consequences. Now because of multipartism or freedom, people would like to fart anywhere".^[4] He added "Nature can be controlled... it becomes a nuisance if people fart anywhere".^[5]

Reaction

Reuters distributed the story, saying "farting in public will no longer be just rude and discourteous to others, it will now be a crime".^[6] It was quickly picked up by the foreign press, particularly the British tabloids, who had a field day.^[1] The Daily Mail headline was "Better in than out: African country set to make breaking wind a crime", and the story went on to discuss possible "miscarriages of justice as 'criminals' attempt to blame others for their offence".^[7] The Daily Mirror had the headline "Breaking wind is to become a crime in Malawi" and added "and it is already causing a stink".^[1] The Daily Express headline was "Law that put the wind up for you… Malawi bans flatulence”. The Register added a sub-headline: "Clampdown on undisciplined bowels".^[8] Celebrity blogger Perez Hilton titled his story "No More Farting Around In Malawi!" and ended his blog with the appeal "C'mon! Just let people let 'em rip!"^[9] Comedian Whoopi Goldberg said when it comes to flatulence, "sometimes there’s more room out than in". She recommended that the law include the principle of "he who smelt it, dealt it".^[10]

Retraction

On 4 February 2011, the BBC reported that the Solicitor General Anthony Kamanga had contradicted Chaponda, saying the legislation referred to pollution.^[2] He said fouling of the air can be done by burning tyres, rubbish and old computers or smoking, and thus spoiling the atmosphere of the neighborhood.^[1] Kamanga said "How any reasonable or sensible person can construe the provision to criminalizing farting in public is beyond me".^[11] Reporting the controversy, The Register's story was headed "Big stink over Malawi farting ban: Solicitor general challenges trouser cough clampdown".^[12]

Later, Chaponda retracted his remarks, saying he had not read the proposed bill before commenting.^[1] The head of Capital Radio, which had aired the interview, signed an agreement with the government on 14 February 2011 in which the media committed to refrain from reporting stories that would destroy the image and credibility of the country.^[13]

References

1. ^ ^{a b c d e f} JOE CHIBEWA (04 FEBRUARY 2011). "Chaponda: Oops I goofed, you can fart!". Marevi Post. http://maravipost.com/index.php?option=com_content&view=article&id=4663:chaponda-oops-i-goofed-you-can-fart&catid=74:general&Itemid=160#ixzz1D8VQamqG. Retrieved 2011-03-02. 
2. ^ ^{a b c} "Malawi row over whether new law bans farting". BBC. 4 February 2011. http://www.bbc.co.uk/news/world-africa-12363852. Retrieved 2011-03-02. 
3. ^ KABELO MARUPI (26 JANUARY 2011). "Malawi bill seeks to punish public farting and fortune tellers". Afrik News. http://www.afrik-news.com/article18831.html. Retrieved 2011-03-02. 
4. ^ "Malawi to debate public farting ban". AFP. Feb 4, 2011. http://www.google.com/hostednews/afp/article/ALeqM5jgHJDMfZqA69ri5WF_ozl0JU2caw?docId=CNG.c1b5c6cfc38ca0ccf2065aa117dbf1d6.2e1. Retrieved 2011-03-02. 
5. ^ "Malawi to debate public farting ban". ABS-CBN News. 02/04/2011. http://www.abs-cbnnews.com/lifestyle/classified-odd/02/04/11/malawi-debate-public-farting-ban. Retrieved 2011-03-02. 
6. ^ "Malawi To Make Farting In Public Illegal". Reuters. 2 February, 2011. http://www.reuters.com/article/2011/02/01/idUS347731415720110201. Retrieved 1 March 2011. 
7. ^ COLIN FERNANDEZ (28th January 2011). "Better in than out: African country set to make breaking wind a crime". Daily Mail. http://www.dailymail.co.uk/news/article-1351174/African-country-set-make-breaking-wind-crime.html. Retrieved 2011-03-02. 
8. ^ "Malawi ‘farting crime’ makes British headlines". Nyasa Times. January 30, 2011. http://www.nyasatimes.com/national/malawi-%E2%80%98farting-crime%E2%80%99-makes-british-headlines.html. Retrieved 2011-03-02. 
9. ^ "No More Farting Around In Malawi!". Perez Hilton. January 28, 2011. http://perezhilton.com/2011-01-28-malawi-make-breaking-wind-crime. Retrieved 2011-03-02. 
10. ^ "U.S comedian Whoopi says Malawi farting law stinks on". Nyasa Times. February 2, 2011. http://www.nyasatimes.com/national/u-s-comedian-whoopi-says-malawi-farting-law-stinks-on.html. Retrieved 2011-03-02. 
11. ^ "Malawi Government Proposes Fart Ban". Huffington Post. 02/4/11. http://www.huffingtonpost.com/2011/02/04/malawi-bill-proposes-fart_n_818674.html. Retrieved 2011-03-02. 
12. ^ Lester Haines (4th February 2011). "Big stink over Malawi farting ban: Solicitor general challenges trouser cough clampdown". The Register. http://www.theregister.co.uk/2011/02/04/malawi_stink/. Retrieved 2011-03-02. 
13. ^ "Government and Media sign communique". Capital Radio Malawi. 14 February 2011. http://capitalradiomalawi.blogspot.com/2011/02/government-and-media-sign-communique.html. Retrieved 2011-03-02.