What is the link between the Matryoshka dolls and the principle of confidentiality of sources as a right conferred to journalists? As far as I’m concerned, this principle is supreme for the following reasons.
The Matryoshka doll is an iconic toy that, since the late 19th century, has been representative of Russian folklore. These highly-decorated dolls vary in size and fit neatly one inside the other. They can be of any gender and most commonly they represent peasant women in traditional costume, with one exception.
The last and, hence, smallest doll is always a baby and made from a solid piece of wood. What distinguishes it from the others is that it cannot be opened. There can always be a bigger doll, made at some later stage, large enough to ‘swallow’ up an existing set. But there can only be one baby.
So intricate is their relationship that these dolls have given their name to a paradigm - the Matryoshka principle - used to describe recognisable relationships.
There are numerous other metaphors that spring to mind when thinking of the ongoing saga of the oil scandal. A glaringly obvious one would be of the big fish swallowing a smaller fish, which swallows a smaller one, which swallows an even smaller one and so on. However, later on I will return to why I chose colourful wooden dolls to open this piece.
The longer this saga goes on the more intricate the web of underhand payments, bribes and commissions seems to become. Likewise, the geographical landscape of the scandal is also spreading with a global company, secret bank accounts in Switzerland, private offshore companies in Gibraltar and a French oil company. We know all of this because of the manner in which this saga is unfolding.
I cannot think of any investigations or inquiries of corruption cases from recent Maltese history that have been played out in such an open and public manner. There is little more that can be added about this scandal that has not already been said. Or did we miss the head fake?
The managing editor of MaltaToday, Saviour Balzan, published invoices which seem to prove that Trafigura paid bribes via an offshore bank account. Exactly where this ‘doll’ fits is not yet clear. Given the Matryoshka principle there is little doubt that there are both bigger and smaller dolls (or fish) in all this saga.
If the police press ahead they will be inhibiting the work of journalists
In reality, given the complexity of the case the real pecking order may never be known. What is certain though is that, thanks to the important principle of confidentiality of sources, an essential and new piece of evidence has been brought to the fore.
Besides the damning information published, another aspect that grabbed my attention was the police reaction to the managing editor’s action by expecting him to divulge his confidential sources.
Journalists and editors alike are an integral and, indeed, an important part of any democratic society. Hence, the above-mentioned police action against Balzan, or any other journalist, for that matter, is simply unacceptable. No more no less.
Without getting into too much legal speak, suffice it to say that article 46 of the Press Act (Chapter 248 of the Laws of Malta) enshrines the confidentiality of journalists’ sources. It puts it beyond the reach not just of the police but also of the judiciary “unless it is established to the satisfaction of the court that such disclosure is necessary in the interests of national security, territorial integrity or public safety or for the prevention of disorder or crime or for the protection of the interests of justice”.
If the police press ahead they will be inhibiting the work of journalists by scaring off potential sources. The community of journalists would do well to continue supporting their colleagues and to ensure that all efforts are made to protect a fundamental principle for journalists in a democratic society.
Just like the last doll of the Matryoshka sets, source confidentiality, fragile yet essential as it is, should remain intact, unviolated and unopened.
Miriam Dalli is a Labour candidate for the MEP elections.