Malta's Freedom of Information Act fails to protect right to know, lawyers argue in constitutional case

Lawyers from Public Interest Litigation Network and the Daphne Caruana Galizia Foundation are challenging Malta's Freedom of Information Act over its failure to ensure the right to know is respected

The Freedom of Information Act is intended to provide a legal avenue for requests for information to be answered by the authorities but its exceptions are often used to block access
The Freedom of Information Act is intended to provide a legal avenue for requests for information to be answered by the authorities but its exceptions are often used to block access

Malta’s Freedom of Information Act is being challenged in the constitutional court by lawyers who argue it fails to respect the right to know.

A team of Public Interest Litigation Network (PILN) lawyers and the Daphne Caruana Galizia Foundation are arguing the remedies the law provides are unconstitutional because they do not respect the right to freedom of expression protected by Article 41 of the Constitution.

The case, filed last week, is the first ever to challenge the FOI Act and the misuse of FOI procedures to block or limit access to information within a reasonable time.

The case aims to limit state authorities’ arbitrary refusals to provide information in the public interest and to reverse the culture of secrecy behind their claims of privacy and commercial sensitivity.

The case is based on FOI requests for a secret agreement, signed by Konrad Mizzi on behalf of Malta Government and by SOCAR Trading SA, and for a report on the feasibility of a second interconnector to Malta. The energy ministry has refused both requests on questionable grounds.

The application asks the court to declare that the energy minister’s refusal to provide access to the requested information as a violation of the constitutional right to free expression and information. The lawyers also want the court to rule that the FOI Act’s remedies for rejected requests infringe an applicant’s fundamental rights and declare null and void specific parts of the FOI Act that are in conflict with the constitutional right to free expression and information.

PILN members Claire Bonello, Alain Muscat, and Joseph Mizzi filed the constitutional case on behalf of the Daphne Caruana Galizia Foundation and its director. 

The PILN is a network of lawyers focussed on cases of human rights violations and other matters of public interest, exploring national, supranational, and international legal mechanisms to ensure State and individual accountability, address abuses of power, and engage civil society and the legal community to advance social change.

It is currently made up of 16 members covering a wide range of legal expertise with years of experience in human rights, media, environmental and planning, constitutional, commercial, and civil law.