Companies with over 50 employees must have whistleblowers’ officer in rule changes

Justice Minister says more can be done on a European level to address SLAPP cases

Justice Minister Edward Zammit Lewis (left) and Permanent Secretary Johan Galea (right)
Justice Minister Edward Zammit Lewis (left) and Permanent Secretary Johan Galea (right)

Amendments to the Whistleblower Act will introduce the concept of reporting officer in companies that employ 50 or more people.

In a press conference on Thursday, Justice Minister Edward Zammit Lewis said Malta did not have to wait for the European Union directive to be applied, as the act was introduced in 2013.

“There are countries that have no legal framework on the protection of whistleblowers. Statistics from the EU barometer are worrying - only one out of five abuse cases are being reported,” Zammit Lewis said.

He added that the new act will introduce the concept of a whistleblower facilitator in companies that employ 50 or more people. Zammit Lewis insisted anonymity will be safeguarded.

The whistleblower framework in workplaces applies for both private companies and government entities which employ more than 50 workers.

Furthermore, the act will also cover public disclosure or external reporting, meaning that anyone that goes public with an abuse story, will be protected.

David Flores, Strategy Director within the Ministry of Justice, explained that public disclosure of abuse should be made in two conditions. The first that an internal report is first made and second that a risk of retaliation exists.

Zammit Lewis revealed the employee definition will be updated to include shareholders, those that are still not officially employed and past employees.  Also, for the first time, record keeping will become obligatory.

The minister said the government will respect the deadline, and the first reading of the act has been carried out. “The new law will be a bold one and will be compliant with the EU directive [...] Those who uncover abuse will get the best protection possible.”

Davida Flores, Strategy Director within the Ministry of Justice said that Malta’s whistleblower act has the same scope as the EU directive, which is whistleblower protection.

Zammit Lewis was asked about whether he agrees that an anti-SLAPP law is introduced in Malta, considering that the MEPs agreed on it on an EU level.

“The Labour government introduced a Media and Defamation act, with which measures that battle lawsuits against journalists were introduced, but it is not enough. The public inquiry report in the Daphne Caruana Galizia assassination made a reference to this and the Prime Minister already announced that new anti-SLAPP measures will be introduced,” the minister said.