Press reforms: OSCE media freedom czar calls for public discussions

The OSCE Representative on Freedom of the Media (RFoM) Teresa Ribeiro has presented a legal analysis of two Maltese draft laws concerning the Constitutional protection of freedom of expression and reforms to the Media and Defamation Act.

The analysis is written by independent international media expert Joan Barata, a non-residential fellow at the Center for Internet and Society.

The draft amendments contain reforms regarding the protection of the right to freedom of expression in the Constitution of Malta, with the analysis recommending to include “the right to seek information” as a basic component of the right to freedom of expression and freedom of information.

The full version of the legal analysis can be found here: https://www.osce.org/representative-on-freedom-of-media/513220.

The analysis recommends to adjust the language of the constitutional provision on hate speech to the terms and criteria used by international law and other relevant international documents in this area.

As for reforms in the Media and Defamation Act, and regarding the liability of editors and publishers in cases of death of the original author, the analysis states that a safeguard must be introduced to guarantee that proceedings can only be pursued when legal liability can properly and fairly be established and determined in the absence of the said journalist.

It is also recommended that, in case of death of both author and editor, publishers may only be held liable on a subsidiary basis and when the responsibility of the former persons has already been established in a fair trial.

The analysis also recommends to eliminate provisions on the recognition and enforcement of foreign judgements in cases of defamation and replace them with a comprehensive anti-SLAPP legal regime containing the provisions and safeguards already recommended by international organizations.

It then recommends the adoption of a series of additional legal instruments and measures to reinforce prevention and prosecution mechanisms with regards to the protection of journalists and avoiding impunity.

“I encourage the Maltese authorities to carefully review this legal analysis and to take into account its recommendations,” Riberio said.

“Transparent consultations with the Committee of Media Experts, civil society, media and other national and international key actors must be ensured prior to the discussion and adoption of this important legislation by the Parliament. It is paramount that the upcoming legal reforms provide better protections to journalists online and offline, pave the way for free access to government-held information and create an environment conducive to safe and independent journalism in Malta.”