Unsubstantiated (mis)information

The Boffa family, heirs of the late former Prime Minister Sir Paul Boffa, refer to the report Veteran Journalist Wins European Court Case After Libel Conviction In Malta (November 23).

... the past is not disconnected from the present but is an integral part of it...- Lara Boffa

The family is morally convinced that the statement in question, which equates an alleged decision under Sir Paul’s Administration to, at best, a whim of the former Prime Minister, leaves more than fair leeway for a negative interpretation and should, therefore, not enjoy the guarantees under the European Convention because the said statement was never substantiated by the journalist.

The heart of the matter is, therefore, not the right of expression of the journalist in question but whether (mis)information or, at best, unsubstantiated information, may be put forward to the reader as fact.

It is deeply regretted that none of Sir Paul’s heirs was made aware that proceedings were initiated by John Mizzi against the Maltese government before the European Court of Human Rights. The family was therefore, individually and collectively, unable to make a request to intervene in the proceedings as permitted under the rules of that Court.

Sir Paul’s family deem that the statement in question made by Mr Mizzi was imprudent, untrue and disrespectful of their rights. Even if the alleged fact occurred a number of years ago, it is not right that the reputation of a public figure, and of any person, through the publication of unsubstantiated (mis)information, is distorted or denigrated. On the contrary, the past is not disconnected from the present but is an integral part of it and, therefore, even for this reason, the green light allowing the distortion of history should never be given.

Although the government has a right to ask that the decision be reviewed before the Grand Chamber, the family will be writing to the European Court of Human Rights shortly so that, in view of the exceptional circumstances, they are allowed to intervene in the proceedings.

Ms Boffa writes on behalf of the Boffa family.