Serious and prudent journalism requires protection - Court
A judgment which had awarded former minister Louis Galea €5,000 in libel damages was overturned by a Court of Appeal which ruled that serious and prudent investigative journalism required protection.
The Court of Appeal judgment was delivered by Chief Justice Silvio Camilleri, Mr Justice Albert J Magri and Mr Justice Tonio Mallia following an appeal filed by Joseph Mifsud from a judgment in favour of Dr Galea.
The court heard that in April 1997 Dr Mifsud had issued a press release entitled Se Nibqa Nghid il-Verita' akkost ta' Kollox. Dr Galea had claimed that this was libellous in regard and he had requested the First Hall of the Civil Court to award him damages.
The first court had found in favour of Dr Galea and had ordered Dr Mifsud to pay him damages of €5,000.
On appeal, the court noted that Dr Mifsud had been investigating cases of drug trafficking. In the course of his journalistic reports he had referred to the diaries of a certain Ciro Del Negro which had been exhibited in court in legal proceedings relating to drugs.
The diaries referred to a number of persons, including Joe Galea (who was Dr Galea's brother) and Norman Bezzina who, at the time was employed in Dr Galea's secretariat.
Dr Mifsud had referred to this in his reports and had mentioned Dr Galea as being related to Joe Galea. But Dr Mifsud had not alleged that Dr Galea was personally involved in drug trafficking. This notwithstanding, Dr Galea had accused Dr Mifsud of character assassination.
Dr Mifsud had retaliated by issuing the press release in which he said that Dr Galea ought to help uncover the truth.
Bearing this context of affairs in mind, the Court of Appeal ruled that the press release was not libellous. As a person in public life Dr Galea was expected to put up with far more criticism than a private person.
When one entered politics one should expect to be involved in investigations that could directly affect members of his family, for all allegations against them had to be thoroughly investigated.
Investigative journalism deserved full protection in a democratic society, provided that the journalism was serious and prudent. In such a case, even genuine errors could be tolerated.
The European Court of Human Rights had ruled that the public had the right to be informed about investigations about political activities.
The Court of Appeal then proceeded to overturn the first court's judgment.
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Saviour Cachia
Feb 4th, 17:40
@Patrik Larsson
As far as I am updated ( or am I not?) Members of Parliament in Malta enjoys the privilege of the House of Representatives and sometimes do not keep back from telling lies to satisfy political convenience. In such instances, the reaction from the other side maybe to challenge the said member to repeat what he is saying outside the parameters of the House, so a suit for libel will be filed. Has this privilege gone lately and I am not updated? And now the politicians seem to have the morality right to say what they want even if they twist facts, like the Prime Minister did last Sunday during the Extraordinary General Council of the PN when he claimed that the Malta Labour Party had no right to be in power in 1981, when the Constitution clearly stated what satisfied this criteria, the number of seats won by a party, not the majority. Gonzi, and perhaps unfortunately Joseph Muscat, leader of the Labour Party, based their argument on a moral perception.But even the Maltese national football team notches a lot of moral victories, but still the points go to their opponents because technically Maltais defeated and it is the final result that counts. Come on let us treat the electorate with the dignity that should be honoured and is well deserved. The electorate is no more a group of illeterates, especially now that the young generation is attending the Malta University in thousands.
Carmel Grima
Feb 4th, 08:23
Fl-ahhar sab glekk tajjeb ghalieh. Twarrab u tellquh nlejn Brussels.
Francis Attard
Feb 4th, 07:46
Jista Dr Joseph Mifsud jghidilna jekk kienetx saret investigazzjoni mill-pulizija biex tara jekk Joe Galea u Norman Bezzina kienux verament involuti fit-traffikar tad-drogi?
Carmelo Aquilina
Feb 4th, 05:50
a sensible judgement and hopefully the beginning of the end of libel actions designed to gag serious journalism, fair comment or even historical accounts
Francis Attard
Feb 4th, 05:15
The main reason behind ACTA is precisely to deny information to investigative journalists by corrupt politicians.
Carmel Bugeja
Feb 4th, 00:01
ageed
Saviour Cachia
Feb 3rd, 22:25
A sentence that gives credit to serious and prudent investigative journalism and as the Court proved today it should be protected. About time, something is done regarding certain blogs. Parliament should seek that journalism and politics are accountable and this will lead to diminish mud slinging, personal offence, and outright lies in a state which is seeking to catch up with the modern concept in Europe. Come on, let us grow up for the best interest of our country and be no more civil, tolerant and objective in what ever is said and immaterial who says it. The word delivery and no void promises will have a significant role in the forthcoming general elections, come when they come....
Patrik Larsson
Feb 4th, 08:18
Lies are already covered under current jurisdiction. Perhaps you should open a northern European newspaper and compare with the local herd of sheep.
VINCENT WILLIAMS
Feb 3rd, 22:05
Well done Dr Joseph Mifsud for continuing fighting for the truth to prevail.
"Is-Sewwa dejjem rebbieh" that is a very good statement.
mike turner
Feb 3rd, 21:30
A serious step forward towards better journalism and perhaps better politics. It may even herald the end of poison blogs
mike turner
Feb 3rd, 21:29
A serious step forward towards better journalism and perhaps better politics
Mr charles azzopardi
Feb 3rd, 19:15
serious journalism .. hopefully without reporters running after ministers asking same questions .. without biased programmes and heavy interruption of the speaker .. with an independent state tv .. and basically a revolution in journalism . Unfortunately we tend to call a person who writes down what he is told to .. a journalist ..
MARIO ZERAFA
Feb 3rd, 18:56
Investigative journalism deserved full protection in a democratic society. This very important step in favour of the citizens. Journalists are the eyes and the ears of the general public. They are there to all to scrutine and especially politicians. Serious journalist can put every action taken to be accountable and I'm sure this is what the people want. I agree with this court judgment and hope to see more sensible court rulings that go in favour of the citizens.
Jay Oatmon
Feb 3rd, 18:00
So it seems that in some cases in Malta even politicians can get scrutinised closely by the public press - perhaps this will bring more accountability at the top?
Fenech MD
Feb 3rd, 18:18
Dream on Mr Oatmon
Martin Saliba
Feb 3rd, 19:01
@ Fenech , maybe they were inspired by Franco Debono. Flimkien kollox possibli , minn jaf .