Education gag order had ‘chilling effect’ on teachers, commissioner finds

The education commissioner within the ombudsman’s office has concluded that a circular issued by the director general for educational services in September 2024 violated the freedom of expression of teachers and educators.

The decision follows a complaint lodged in November 2024 by Nationalist MP Justin Schembri in his personal capacity as a teacher.

The complaint challenged a circular thatSchembri argued prohibited educators from expressing their personal opinions on the state education system, effectively compelling them to align with the government's stance.

In his final opinion, Commissioner Vincent De Gaetano sustained Schembri's complaint, asserting that the imposed limitation on educators' freedom of expression could not be considered "reasonably necessary" in a modern democratic society. The commissioner stated that the circular was “clearly in violation of teachers' and educators' right to freedom of expression”.

“The subliminal meaning of all this does not escape the undersigned - the chilling effect on educators is palpable,” the commissioner said in his ruling.

The decision extends beyond the specific circular, also encompassing the position outlined in paragraph 5.2 of Directive 5 of the Permanent Personnel Section (PPS) issued on 24th February 2011, which contained similar restrictions.

The commissioner has recommended that the ministry responsible for education issue proper guidelines and directives to ensure that teachers and other educators not in significant managerial roles are free to express their personal opinions on matters related to their work without fear of disciplinary action or other negative repercussions.

Last week, the commissioner issued a similar ruling based on a complaint by UPE head Graham Sansone on the same circular.

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.