Press reform critics say Committee proposals weak on PBS and SLAPP

A slew of amendments to Maltese press laws presented by a government-appointed committee of journalists, have not addressed all recommendations issued by the Caruana Galizia public inquiry.

The Media Reform Initiative, which includes members of the Maltese press, said the 16-page report from the Committee of Media Experts does not “defend strongly enough” people’s right to freedom of expression.

The Media Reform Initiative is made up of Newsbook journalist Monique Agius, forrmer Newsbook editor Fr Joe Borg, former Nationalist MEP and lawyer Therese Comodini Cachia, journalist Manuel Delia, and former PBS editor Natalino Fenech.

Emanuel Delia, speaking for the MRI, said that rather than provide a comprehensive review, the final report contained weak recommendations limited to the areas government indicated it is willing to consider. “On other aspects it simply expressed vague ambitions or proposed that the matter should be studied or considered further... it is a lost opportunity to provide the impetus needed to promote laws which are effective in practice and capable of protecting everyone’s right to engage in public participation.”

MRI said the proposals do not make any recommendations on the Freedom of Information Act, despite reiterating calls for the government to publish the reports reviewing that Act which it already has in hand. “The Committee’s recommendation for the constitutionally recognised right to access to information to be limited by conditions established in law is problematic as it risks neutralizing the right to information itself. This leaves journalists to continue to face serious challenges in accessing information held by public entities,” the MRI said.

The MRI said the Committee had disregarded recommendations from international press bodies to recommend objective criteria for the identification of SLAPPs, the introduction of a short deadline for the initiation of cases, the undertaking of a coherent review of the Media and Defamation Act, and the prohibition of precautionary warrants against defendants where the claim relates to one’s engagement in public participation.

“Though the Committee’s final report is a step better than the anti-SLAPP recommendations it originally made in its first report, the final recommendations still fall short of being capable of providing journalists with protection from abusive proceedings which are a threat to democracy,” the MRI said.

The Committee report also recommends direct government grants for the public financing media. The MRI complained that the reoprt “fails to recommend objective criteria on how to protect media independence and pluralism in this regard, and how to safeguard the media from state capture.”

The MRI also found issue with the Committee’s recommendation to constitute a Media Council “but provides no further information... this step cannot be taken without ensuring strong independence, impartiality and integrity of such a set-up after transparent and wide consultation first with those journalists, editors and other media actors working in Malta.”

The Media Reform Initiative said that while the Opposition had presented a motion reflecting the MRI’s recommendation for a select committee, it also recognised the government’s political promise of publishing a White Paper for legislative media reform.

“Both measures can jointly provide an opportunity for transparent dialogue with the scope of strengthening Malta’s democracy as long as each is not carried out merely as a tick the box exercise.”