[WATCH] Press law revamp abolishes precautionary warrants, criminal libel

Precautionary warrants against journalists will be abolished and criminal libel will be struck off, as part of a wholesale revamp to Malta’s press laws.

Justice minister Owen Bonnici finally published the contents of the proposed press law revamp that was tabled for its first reading in Parliament back in October.

Owen Bonnici : Photo by James Bianchi/MediaToday

The proposed law will abolish criminal libel entirely, and introduce a preliminary hearing for aggrieved parties and defendants to seek a mediatory solution before heading into court.

But the new law proposed an of increase fines for civil cases – from a maximum of €11,000 to a maximum of €20,000. This will also mean that libel cases will no longer be presided over by a magistrate, but by a judge.

When a case is filed for civil libel, the Court will appoint the case for a preliminary hearing within a period of 20 days, and decide – giving due regard to the seriousness any allegation and its impact on the plaintiff – whether the action may be determined summarily or by mediation or agreement between the parties, or through an apology.

A sum not exceeding €1,000 could be levied at this mediation stage, if the Court considers it appropriate to dispose of the action through an apology.

If the case goes ahead in court under a defamation proceeding, the maximum €20,000 damages can be reduced to €7,000 if the defendant would have, prior to the commencement of the proceedings, apologised and published an unreserved correction with the same importance as the original publication or published a reply submitted by the plaintiff with the same importance as the original publication.

Courts will also no longer be able to slap precautionary warrants on journalists. Bonnici said that this proposal goes a step further than a recent bill presented by the Opposition, that proposed the abolition of garnishee orders against the press.

Photo : James Bianchi/MediaToday

‘Public figures’ in the new media law will include public officers serving the government of Malta, a candidate for public office, people who “habitually exercise a profession, art or trade”, those who take “an active part in politics”, and those who occupy positions of trust.

People will now also be able to sue media houses and journalists if they feel they have been slandered – with a maximum €10,000 fine.

They will now also be able to sue for libel on behalf of their dead relatives – with the law distinguishing between people who have been dead for under 10 years and people who have been that for more than that.

The government will also embark on an extensive consultation process on potential remedies for people who feel slandered by media reports, with Bonnici suggesting the possibility of a Press Ombudsman or Complaints Office.

“The government is committed to safeguarding freedom of expression and safeguarding the rights of journalists,” eduacation minister Evarist Bartolo said. “However, rights come attached with responsibilities, as is the case in the most advanced democratic countries in the world.”

Cardona’s garnishee ‘an extreme measure against an extreme person’

Photo : James Bianchi/MediaToday

The proposed law will effectively avoid a repeat of the latest controversy in which economy minister Chris Cardona and his policy officer Joe Gerada requested a €46,000 garnishee order against Malta Independent columnist Daphne Caruana Galizia.

The two filed garnishee orders – which the court upheld – on four libel suits against Caruana Galizia over allegations that they had been witnessed inside a German brothel, in Velbert, when he was on government business. Cardona has denied the allegation, which is as yet unverified.

When asked whether Cardona should withdraw his garnishee order against Caruana Galizia in the spirit of the proposed law, Bonnici said that his colleague “had made use of an extreme measure against an extreme person”.

“Although we believe in the principle of freedom of expression, this doesn’t mean that people have a right to spread hatred, and we expect serious journalists to make the distinction between journalists and hate bloggers.”

Evarist Bartolo : Photo by James Bianchi/MediaToday

Evarist Bartolo lashed out at Caruana Galizia, taking her to task for “attacking sick people, children and disabled people” and for lying about people’s private lives.

“She is unscrupulous and has no limits, and I fully empathise with Cardona for taking action after she lied about his private life,” he said. “He made use of a law that has been in place for several years against a person who had exceeded all limits.

“[Caruana Galizia] could have contested the garnishee order and the magistrate could have refused to grant it. Nothing out of the ordinary took place…”