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Libel laws exist to ensure that false, written or printed statements damaging a person’s reputation may lead to legal consequences. The law wants to ensure that people have a legal right to sue when they believe that their reputation has been falsely and unfairly tarnished. There can be little doubt that the protection of one’s reputation is a sacrosanct right that deserves the full protection of the law. It is also equally important that the media has wide latitude in deciding what to publish in a democratic society. Like most things in life it is simply a question of fairness and achieving a balance between the right of the press to tell and the right of individuals to a good reputation in the absence of facts proving otherwise. The libel laws however were not conceived to muzzle the press.
Accordingly it is most unacceptable when a libel is filed frivolously with the direct intention of simply bullying a newspaper into shutting up. The libel case filed by Peter Fenech is simply one such case.
The facts showing the involvement of the Mediterranean Conference Centre chairman and lawyer Peter Fenech in the Jumbo Lido case are clear for all to see and analyse. His involvement and interest as a director in the company are manifest. Government’s decision not to claim Lm109,000 in arrears in rent due from a company he is involved in is a fact. That the Commissioner of Lands did not order a requisition order to recover the rent owed to it, is a fact. That a company he is involved in as director entered into a management agreement with a third part is also a fact. That he, on behalf of the company, was involved in claiming management fees from a third party is also a fact. That the company has won two appeals on the case to have these monies paid to it, is a fact.
That the Jumbo Lido case is a scandal is a fact.
Peter Fenech’s libel is an attempt to silence us. MaltaToday will not be silenced or allow itself to be bullied into being silenced. It is in the public interest that the facts of the case and other cases are made known simply because it was government which decided to forfeit the arrears due on the Jumbo Lido site.
Rather than feeling embarrassed the man files a libel suit. We anxiously await the opportunity to lay the facts wide open in a court of law. We believe in the truth and we have faith in our readers who believe in the facts as presented by us.
Moreover this case proves the overwhelming need to revisit the press act and the libel laws.
Earthquake in Palestine
The results of the elections in Palestine are earth shattering. No pollsters ever expected the Islamic militant group to win so convincingly. This victory gives Hamas the right to lead the cabinet and to wield most power in Palestine. The commitment of President Abbas to the peace process is the silver lining in an otherwise dark cloud. The ripples and the shock of the extent of the victory have changed the political landscape and the future remains most uncertain. The only certainties seem to be that both America and Israel are unlikely to carry on discussions with an organisation that has utilised suicide bombers freely and willingly unless and until it renounces the use of violence.
The European Union too may withdraw its financial support unless and until violence is renounced. This certainty places a big onus on Hamas. Its democratic credentials have been enhanced overnight by its democratic victory. Will it seize the opportunity to renounce violence and be a partner in the peace process? We can only hope that such a mature consideration will create the opportunity for the peace process to carry on in earnest. At this particular moment in time it is all looking most unlikely. The likeliest development is the process being placed on the back burner and all talks coming to an end. This will only lead to further violence. President Abbas’s statesman’s credentials will be put to the test. He must work to ensure that Hamas renounces violence and its pledge to eliminate Israel. The road towards two fully independent states living side by side is a long and bumpy one. Whatever the consequences it must be pursued. There is no alternative. Hamas should take a leaf out of the Irish book.
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