We have a strong democracy and we want to make it stronger. The present administration has spearheaded a number of legislative initiatives that were aimed at enhancing freedom of expression. On July 19, 2016, Act XXXVII unleashed the freedom of artistic expression from the shackles of disproportionate criminal provisions related to censorship, exemplifying how legislation can support freedom of expression while at the same time safeguarding public integrity and morality.
Further to that, in October 2016, the government initiated the legislative process aimed at superseding the Press Act of 1975. The Media and Defamation Act (currently still a Bill) published last week, abolishes a number of legislative impediments to freedom of expression inherent in the current legislation while safeguarding the need to protect the reputation of others, especially against fake news, particularly given the duties and responsibilities which are also inherent in the exercise of the right to freedom of expression.
In essence, the Media and Defamation Act is a breath of fresh air and will implement reforms that were repeatedly overlooked by the previous administration. At long last, criminal libel will be eliminated.
Also, recourse to all relevant precautionary orders of warrants in libel proceedings will be abolished.
In addition, inspired by ECHR judgements, the new law will equip journalists with more tools to defend their position when faced by a civil libel, by for example, introducing the concept of ‘honest opinion’ which builds upon and improves on the concept of ‘fair opinion’ enshrined in the Press Act of 1975.
On the other hand, the Bill also aims to protect against abuse of this fundamental right. The damages that can be awarded as a result of civil libel procedures will be increased from €11,646.87 to €20,000.
This being said, the Bill provides for a multitude of mediation mechanisms aimed at encouraging parties to reach out-of-court settlements and summary resolutions of cases for the ultimate benefit of the free press.
The new Bill underscores the intention of the government to provide fair and equitable opportunities for freedom of expression to flourish…
I am very proud of these new proposed mechanisms and they were drawn upon a direct suggestion of the Institute for Maltese Journalists. I take the opportunity to thank the institute for its constructive feedback and continuous support and cooperation.
Furthermore, the Media and Defamation Bill also introduces new legal remedies that were not contemplated in the Press Act of 1975. For the first time, the Bill makes provisions for legal remedies against civil slander, thereby extended the scope of legal redress beyond the realm of written defamation, to defamation resulting from spoken words.
In addition, the Bill also seeks to safeguard the reputation or memory of deceased persons, by introducing the right for legal remedies by parents, siblings or heirs in cases of defamation of their deceased loved ones.
The new Act also refers, for the first time, to the online media which, as we all know, has grown into a reputable and leading source of information since the last time the bill was amended in 1996. The soft duty for editors of TV, radio and newspapers to register their names with the Press Registry will now also be extended to online Maltese news or current affairs media, such as news portals or current affairs websites. This is a measure of transparency which satisfies the public’s right to know the identity of editors of the media organisations in our country, as obtains under leading democracies.
Some critics have, for reasons which they know best, tried to equate this new “soft-duty” of registration with censorship or gagging. Of course, this is not true. The names of the editors of the main Opposition TV and radio stations, for instance, have been registered with the Press Registry for decades and this has never hindered their right to freedom of expression.
The new Bill underscores the intention of the government to provide fair and equitable opportunities for freedom of expression to flourish, support responsible journalism while at the same time protect its citizens from hazardous encroachments on one’s personal dignity.
We believe that the proposed Bill succeeds in achieving this important goal – that being said, we are always open to receive and consider valid and bona fide suggestions that may arise during the upcoming legislative process in Parliament.
Hand in hand with the upcoming legislative process, we will immediately embark on a consultation process aimed at discussing with an open mind ways and means to increase responsible journalism on the lines of the experiences of other main democracies, which, in turn, have established “soft regulatory” or “self-regulating” institutions, such as a press ombudsman or a press complaints office.
We look forward to further discussing this point with an open mind.
I am proud that we are strengthening freedom of expression and democracy.
owen.bonnici@gov.mt
Owen Bonnici is the Minister for Justice, Culture and Local Government.