'Silent days' include the internet, but enforcement is problematic
A law banning publication of political material a day before the election also applies to internet posts but lawyers questioned its practicality.
Stephen Tonna-Lowell and Michael Zammit-Maempel said the law’s wording encompassed the internet.
Dr Tonna-Lowell said the police could prosecute law-breakers without waiting for a complaint. But while it was easy to determine whether traditional media breached the ban, the internet was more complicated and the police had to determine whether the information was uploaded on the day of reflection or election day.
Dr Zammit-Maempel said if the law was applied literally nobody could post a status or tweet something that could influence voters.
“But the law must not be interpreted in a literal sense. Logic and good reason should prevail,” he insisted, adding that people accessed the internet of their own volition.
Full story in The Times.
82 Comments
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Connie Deguara
Mar 9th, 05:14
How silly the silent meant to be for politician not for the public.
Ms.D. Galea
Mar 7th, 14:28
The so-called day of reflection is nonsense and impossible to enforce.
No one can stop people from commenting from foreign tv or radio stations or stop anyone from commenting online.
Karl Consiglio
Mar 7th, 13:58
If a thing is said it is said the date makes no difference
This law the above article makes reference to is but a result of Labour thuggery in the past, but I don't think it necessary today.
R. Caruana
Mar 7th, 18:33
Your comment begs the question of why if it was the result of Labour thuggery, it was never repealed by the nationalist government of the last 25 years?
Mr G Psaila
Mar 7th, 13:56
What about billboards? I see no signs of anyone removing them even though tomorrow is reflection day!
Jon Vercellono
Mar 7th, 13:41
and what would happen if Sir Alex Ferguson had said something during the day of silence, would the AFM come to bring him back to Malta?
Impossible to enforce.
*Joseph Brincat
Mar 7th, 13:10
TO make The law for everybody
YOU HAVE TO STOP THE INTERNET
Frans van Avendonk
Mar 7th, 12:56
So we go to vote with some ducttape over our mouth just in case..
Gaby Spiteri
Mar 7th, 12:48
"it the tongue would still, the noise would still continue, the rocks and stones themselves - would start to sing"
Anthony Tab.
Mar 7th, 12:40
VERA jew MHUX VERA li tal -lejber qieghedin jibghatu SMS's li ser jinqata id -dawl ghal xi siegha?u fejn ?f'Malta kolla? waqt it trasferiment tal kaxxi? jew fil ( Counting Hall ) jew xi parti minnha?nispera li dan ma jigrix, u li il Kummisjoni Elettorali u il forzi ta l'ordni jassiguraw li jkolna Elezjoni bla tbaghbis u li ma jwegga hadd, lanqas il membri ta l'ordni u tal Kummisjoni,inkunu civili.
Mario Camilleri
Mar 7th, 12:27
"Dr Tonna-Lowell said the police could prosecute law-breakers without waiting for a complaint". Please enlighten us on this statement, Does this mean that the police are and would be spying on our freedom of speech on the network media? This is the same situation as if in China or North Korea.
Neville Grech
Mar 7th, 11:30
For all Maltese,tomorrow is Reflect Day,the most misnomerd Day coming at end of electoral campaigns,in France"Jour du Silence"Fatidique,Crucial for Democracy.However for manyPL S/ministers,"Silent Days"have been on since 7/1/2013:Anglu,Michael,Noel Farrugia,G Vella,MLColeiro,J.Mizzi,Pr Zammit,Deb-Grech,Refalo,Parnis,Decelis!Muscat fails to trust his very own.CAN WE BELIEVE WE CAN WORK WITH JOSEPH?
D Portelli
Mar 7th, 11:25
The controled media will be ok. The problem will be with the social networks, since the maltese law can not do anything about these posts. Can't even ban or ask the individuals to stop posting these thing.
In any case it's no big deal, who ever wanted to set his mind on to whom they want to vote, they had more then 2 months to do so.
Myself would have loved to have a day off, from politics
Ramon Casha
Mar 7th, 10:47
A person located in another country can post political material about Malta's election to his/her heart's content. The internet has no boundaries. It would be very difficult for the authorities to determine whether a post was written within Malta.
Matthew Ciantar
Mar 7th, 11:33
that's why IP addresses exist
Gordon Cardona
Mar 7th, 13:37
I fully agree with you. Even if the law is interpreted in such a way as to include the Internet, it's practically impossible to enforce it. Unless, of course, we don't employ the censorship adopted in countries such as China.
Lawrence Fenech
Mar 7th, 10:39
Kelna hafna silent days minghand Simon u Tonnio: ma nafx, m'ghandix figuri f'ideja, ma nafx noghdd, saqsu lil-haddiehor, duru fuq Kastilja, ma kontx deputy PM allura ma nafx, dak silenzju perfett.
Kevin Bonello
Mar 7th, 10:36
The law should be for everybody.. iddardarna issa facebook statuses specjalment kulhadd iparla fil vojt!
E Schembri
Mar 7th, 13:00
Still on Facebook?
FB is nothing more than a useless site full of attention seekers bragging about their latest bodily functions/modifications, hoping they will get more "likes" than their "friends" or rather rivals. Like anybody truly cares about 99% of your status updates.
If you love your BF/husband/wife, tell them face to face, otherwise turn off your computer & go out meet some REAL friends
David Caruana
Mar 7th, 10:32
The law does not apply to personal profiles on social media as these are personal pages.
If it did, then it would be also illegal to talk about politics to your friends during reflection day
Andrew Vella
Mar 7th, 10:29
This law is archiac and it is oppressive
It is being used by certain political entities for their advantage
Jennifer Debono
Mar 7th, 10:23
It's a silly law really. It should be abolished. Although I would prohibit mass meetings on the eve.
Anthony Scicluna
Mar 7th, 10:14
I believe the spirit of the law would be illegal to "push" information while "pulling" information is not. It should be respected by all and sundry and not taken beyond its spirit
Lucienne Dimech
Mar 7th, 10:13
Should we still have this law? I am very sure that nobody is going to spend tomorrow reflecting on what we have been bombarded with during this campaign. I suppose most simply vote for their party others would by now have decided what to do. So tomorrow may be a break from the propaganda but not for reflection purposes.
T. Caruana
Mar 7th, 10:11
Can we have a week of silent days and nights because choosing who to vote is VERY DIFFICULT!
I 'm burdened with too much pressure of responsability. Or is it on my wallet the pressure i'm feeling?
Dickkens Vince
Mar 7th, 10:07
This voting lark has gone to the Malteser's head, very time i log on to a new web page be it local/foreign there is always some Maltese idiot advertising 4 votes, if i were Maltese i would refuse to vote on principles to any of them at this rate, in most EU countries this is illegal, same goes with advertising a product on tv by means of flashing lights every sec. we call it local phys.Hysteria.
Mark A. Sammut
Mar 7th, 10:07
With all due respect to all those who criticize this law.
Whereas freedom of expression is fundamental, equally fundamental is the right of reply. If someone publishes a falsehood on the very eve of election day, how can the victim defend themselves?
Since time constraints eliminate the possibility of a reply, then the law is wise to eliminate the possibility of abusing freedom of expression.
Jennifer Debono
Mar 7th, 10:31
You can still slander someone on Thursday evening. How much time will there be for a reply from the victim?
Victor Rodenas
Mar 7th, 11:26
It has been done before,...do you remember who did it ?
Joseph Portelli
Mar 7th, 10:05
http://tvm.com.mt/news/2013/03/tvm-presenters-threatened/
Malta taghna lkoll?!?
Charles Caruana
Mar 7th, 10:04
The losers in all this are the media. No more adverts.
For the rest of us life goes on and on and on.....................................
Anthony Scicluna
Mar 7th, 10:12
Good one!
James Catania
Mar 7th, 10:02
No one has the right to control information on the internet. Do your jobs and leave the only free speech vessel left alone.
Mark A. Sammut
Mar 7th, 10:02
"people accessed the internet of their own volition"
People buy newspapers of their volition too, don't they?
Certain blogs, at least one in particular, carry the day and time when the post was uploaded. So there should be no problem to enforce the law.
Then again, whereas all bloggers are equal, some are more equal than others ...
Mr Andrew Camilleri
Mar 7th, 10:54
Yes, that blogger blogged away all day on voting day in 2008 and the police did not take any action. Why?
Joseph Micallef
Mar 7th, 10:58
Do you think we live in China or North Korea maybe?!!
Mr Andrew Camilleri
Mar 7th, 11:58
No I live in Malta where I expect people, even if they have dark blue eyes, to respect the law and the police to enforce the law. Are you saying that people are free to flout the law? People who want to be respected should set an example not go against the law openly.
Mark Vella
Mar 7th, 09:57
I belive this is a breach of our human rights. Is there a lawyer who can confim?
Michael Farrugia
Mar 7th, 09:56
So really we should all stop talking to each other as well.The internet is a reality and to many of us an integral part of our life. One simply lives with it !!
Lawrence Camilleri
Mar 7th, 09:48
All comments are superfluous. The computer will be used talking politics tomorrow and on election day and no law against it (if in force) will be enforced.
Joseph E Briffa
Mar 7th, 09:43
This is really hilarious or rather pathetic. Are we living in China or N Korea?
Mr Andrew Camilleri
Mar 7th, 10:55
Ask GonziPN that sponsered this law through parliament.
Anthony Farrugia
Mar 7th, 09:26
This "day of reflection" is an anachronistic throwback to when people where gullible, ignorant and lead by the nose. So tomorrow's papers cannot report on today's political events. What a stupid law; no wonder the law is an ass !.
The USA, China have tried to police the internet with no luck. So let's hope nobody gets any fancy ideas about doing so in Malta.
How many voters are still undecided ?
Alex Caffari
Mar 7th, 10:12
"...when people were gullible, ignorant and lead by the nose..."
...
So you mean yesterday?
Mario Stellini
Mar 7th, 10:36
I am definitely still undecided.
Anthony Farrugia
Mar 7th, 11:08
Mario Stellini : If after seven weeks of electoral campaign, you are still undecided, well, to put it plainly I pity you. Or are you going to waste your vote and go for AD?
Victor Pulis
Mar 7th, 09:18
Propaganda by both parties keeps popping up on youtube and all other sites ! Whereever you enter be sure to find the parties' logo and their slogans.
Victor Pulis
Mar 7th, 09:16
The eve of the election is reserved for reflection! That's a good one! Anyone still not convinced what to do with one's vote by now doesn't deserve to have a vote in the first place!
kevin abela
Mar 7th, 09:55
Victor, according to the prime minister this morning, people decide whom to vote in the last 24 hours.
Mr Andrew Camilleri
Mar 7th, 10:56
Kevin, by now we have all learnt not to beleive all that the PM says. He still thinks we are a bunch of morons. His patronising and condescending tone yesterday on the BA debate was sickening.
Victor Pulis
Mar 7th, 11:29
Kevin both parties bend over backwards to try and convince voters up to the last minute. I'm sure Joseph feels the same way otherwise he would not even hold a mass meeting today!
Eve Axiaq
Mar 7th, 09:07
J'alla hadd ma johrog b'xi gidba fahxija jew attakk personali fuq l-internet ghada u s-Sibt. Imma donnu hemm minn lest jghamilha jippostja xi haga minuta qabel nofs il-lejl.
Joseph Micallef
Mar 7th, 10:00
Xi jkun gara b'daqshekk? Waqghet id-dinja forsi? Ha jaffettwa lil xihadd? Stenbah!
Mr Andrew Camilleri
Mar 7th, 12:00
Micallef, allura ghaliex fit-2008 hbieb tal-PN baqaw jibaghatu emails anke is-Sibt tal-votazzjoni? Mhux ovvja li biex jinfluenzaw il-vot?
J. Pace
Mar 7th, 09:01
Tomorrow ads should stop. It is as easy as a click of a button to stop adverts running. I am not talking on ads onTOM but the other ads you see on other international sites.
We will see which party will abuse of this! I am pretty sure one of them will keep running the ads even on Saturdays!!
anton cassar
Mar 7th, 09:00
Jiena diga irriflettejt........konvint li jitla min jitla nhar it-tlieta xorta ghax-xoghol irrid immur !
Lawrence Camilleri
Mar 7th, 09:42
Nhar it-Tnejn se tehodha off?
T Mifsud
Mar 7th, 08:58
FREEDOM OF EXPRESSION IS BANNED FOR A DAY EVERY 5 YEARS?!
The law should apply to political parties, candidates and politically affiliated canvassers, not the general public! The general public HAS A RIGHT to say what it wants, when it wants, even on the eve of the election!
Karl Consiglio
Mar 7th, 08:58
How stupid, whats this law for anyway? Say one posts stuff on internet days before it remains on the internet till the day before the election anyway, like a tattoo. so the only way would be not to let people use their computers on that day which would be pathetic.
W. Cassar
Mar 7th, 08:55
You can'police the web, America has been trying for a long time and has failed and always will!
Joseph Micallef
Mar 7th, 08:50
Leave the internet alone. Its one of the few place where one can express oneself freely without interruption. I should not be prosecuted for a facebook status - Those things only happen in totalitarian states. The internet is not mass-media like the radio or tv - it is not regulated with the same laws (or should not be if it is). Please let us not resurrect Big Brother!
G Mangion
Mar 7th, 09:01
Joseph Micallef:
Agree 100 % ....
S. Sul.
Mar 7th, 08:49
So ads count as well, right?
Joe B Edwards
Mar 7th, 09:02
Especially the ads
Franz Tabone
Mar 7th, 08:48
Oh Come On !! Update archaic laws. This is so feeble. I am sure that the vast majority know very well how they will be voting. Do not complicate life and concentrate on real issues. This also goes for shops not being allowed to open within 50 mtrs of polling station. I hope that I will live long enough to experience online voting !!
Frans Aguis
Mar 7th, 08:33
I just recieved a text from mychoice.PN is that legal?
jm busuttil
Mar 7th, 08:48
Join the club as I am daily bombarded receiving unwanted PL texts not to worry this will soon stop
John Bezzina
Mar 7th, 08:49
The (so called) day of reflection is tomorrow and not today.
Waste of time in my opinion at this day and age!
George Zammit
Mar 7th, 08:52
reflection day is tomorrow not today, i dont think a text is illegal when less than 12 hours more tens of thousands will be at HAl Far and Fosos
Joe Borg
Mar 7th, 10:07
I saw an add for Jusep Muscat on every website, National and International, like EBay. Is that legal?
Ronald Cauchi
Mar 7th, 08:28
Hogwash! No one can stop us expressing our views over the net. one can do it in so many places so lets not be intimidated whatever our political leanings are.
Michael Borg
Mar 7th, 08:20
what if i post from abroad ??? i can assume !!
Marco P Attard
Mar 7th, 08:32
Or posting from Malta on a website hosted abroad?
Amante Reale
Mar 7th, 09:15
Or posting from Narnia on a website hosted on the Galactica with an internet connection that uses a Stargate to send data faster than light through space?
J Cauchi
Mar 7th, 08:18
Hope this will be fair and be enforced for all.
M. Baron
Mar 7th, 08:05
...So go for it today everyone!!!! May the best team win!
Bernard Pollacco
Mar 7th, 08:05
tomorrow is also women's day...meaning it will be quite a problem for women to not talk about politics tomorrow hehe :)
Peter Paul Farrugia
Mar 7th, 07:51
Does the law also regulate bloggers ?
A. Mizzi
Mar 7th, 08:10
The Law should but locally it doesn't!
That certain blogger does it with a "silent" blessing !
1984 and Animal Farm come to mind with "BIG BROTHER IS and has been WATCHING YOU"!
H. Meilak
Mar 7th, 08:45
A. Mizzi.
Labour might attempt to block that certain blogger, if elected. But I am pretty sure Labour, the most progressive and democratic party in political history will then realize that this is not Iran or China, but Malta in the European Union.
Anthony Arpa
Mar 7th, 07:50
Whatever, i belive that on this Important Election Weekend everyone must change the subject and leave everyone free,in serenity and in peace to reflects about what to decide to do with his VOTE ....
Paul Zammit
Mar 7th, 07:46
Difficult to enforce? My days of silence have started long, long ago ... It's always good to take whatever these guys say with a pinch. Sometimes, even that isn't enough! In such instances, it's healthy to go profoundly deaf too!
Please choose the reason of your report below: