Ombudsman slams education ministry’s gag on teachers' free speech

The education ministry has come under fire from the Commissioner for Education within the Office of the Ombudsman, who has ruled that a controversial directive restricting teachers' media appearances is in breach of educators' fundamental right to freedom of expression.

The directive, issued on 25 September 2024 by the director general of the Department of Educational Services, required all educators—from learning support educators to heads of schools—to seek prior written approval before speaking publicly on matters related to education. Once approved, their comments were to strictly reflect government policy and avoid the expression of personal views.

The complaint, lodged by Graham Sansone, the executive head of the Union of Professional Educators (UPE), argued that the directive silenced educators and would have a chilling effect on their ability to participate meaningfully in public debate about the educational system.

The ombudsman found that the directive goes well beyond reiterating existing public service codes, effectively placing a blanket gag on all educators regardless of their role or rank. Despite claiming to support healthy educational debate, the directive's core requirements were seen to contradict that aim.

“It beggars belief,” the ombudsman wrote, “that anyone in the educational establishment should require that educators’ comments must ‘reflect the policies, guidelines and objectives’ of the Ministry responsible for education”.

The report criticises the directive for distorting existing legal provisions. Although Directive 5 allows public officers in scale six and below (which includes most teachers) to comment in a personal capacity, the department’s directive undermined this by applying a top-down approval system that puts educators “on notice”.

This, the ombudsman concluded, instilled a subliminal fear of retribution and was incompatible with the principles of a democratic society.

In a later attempt to soften the directive’s impact, the permanent secretary issued a circular on 4 March 2025, referring public officers back to existing public service rules and communications protocols. However, the ombudsman noted that the original directive was never formally withdrawn, leaving its chilling effects intact.

The final verdict: the complaint filed on behalf of the UPE is “well-founded”. The ombudsman ruled that the education ministry’s position, through both the impugned directive and Directive 5, effectively silences educators from speaking publicly about their own profession. This, the report states, cannot be justified in a modern democracy.

The ombudsman has now recommended that the ministry revise its policies to clearly allow teachers and educators who do not hold senior management roles to speak freely, without prior approval, fear of disciplinary action, or the requirement to parrot official policy.

A ‘resounding victory for educators’

Reacting to the ruling, the UPE said it is a resounding vistory for educators and aligns with the values of Workers' Day.

Graham Sansone said the decision is a win for every educator's voice. “The right to speak freely about our work isn’t just a privilege—it’s a cornerstone of progress," he said.

Momentum, the centrist party that instigated the request for an investigation, also praised the decision. The party's secretary general, Mark Camilleri Gambin said it is "an excellent 1 May gift for education workers".