A debate is raging about the need or otherwise of updating the laws that regulate publications in the press as well as via the online medium.

There is undoubtedly a delicate balance between one person’s right to freedom of speech and another person’s right to protect his good name. It is often not an easy task to determine which personal remarks are proper and which are defamatory. Then we have those who cleverly ‘hide’ behind the right of freedom of speech/expression to insult people who don’t share their point of view.

Oscar Wilde is reputed to have said: “I may not agree with what you say, but I will defend to the death your right to say it… even if it makes an ass of yourself.”

Winston Churchill had a somewhat more pragmatic and balanced view: “Some people’s idea of free speech isthat they are free to say what they like,but if anyone says anything back, that is an outrage.”

The exponential increase in the use of social media in recent years is obviously an easy and accessible way to interact and communicate with others. It is great but one must remember that when we post online we are potentially sharing our thoughts and views with the whole world. Hence the term “going viral”. Prudence is called for. If what you say is defamatory (damaging to someone’s reputation) you could end up in serious trouble.

The often held view in Malta that one can say what one likes on social media is incorrect

In the UK and many other countries including Malta (?), the law gives you the right to freely express honestly-held opinions. If, on the other hand, your comments go beyond this and become serious allegations then you could face legal repercussions. In a court of law, it would be up to you to prove that what you said is true. Any material published including on-line content is subject to the laws of defamation. Whether you are a newspaper editor, blogger, tweeter or whatever, you basically need to reflect before you publish or post.

So, can one write whatever one wants online even if one is merely posting reader’s remarks which more often than not carry a nom de plume? The practical answer, at least in the UK, is no. You cannot post whatever you want.

Defamation law applies to whatever is printed and circulated irrespective of the medium used. The often held view in Malta that one can say what one likes on social media is incorrect. If the situation is not so, then I would suggest that the law needs to be changed so that printed matter (newspapers) and online blogs are put on an equal footing.

Is it also the time to regulate the use of nom de plume? Isn’t disguising your identity a throwback to the times where one feared to express oneself? Surely we are now past those times. A senior member of the Facebook team also seems to think so:

“I think anonymity on the Internet has to go away. People behave a lot better when they have their real names down. I think people hide behind anonymity and they feel like they can say whatever they want behind closed doors.”

Whilst I am all for defending the right of freedom of expression (to the ‘death’ as advocated by Oscar Wilde) I also wish to defend every citizen’s right to protection against defamatory or libelous posts. If we could possibly find the right balance, it would hopefully lead to a freer, more civilised, balanced and tolerable exchange of views and thoughts.

Tony Zammit Cutajar is a retired businessman.