Updated 12.55pm
The Nationalist Party has said it will allow its candidates to flaunt a 'day of reflection' gag rule until the Electoral Commission clamps down on rival Labour candidates doing likewise.
In a statement, the PN said that the Electoral Commission had failed to ensure a level playing field and was allowing PL candidates to run sponsored posts on Facebook with impunity.
"At this stage, the PN has no other option...than to allow its candidates to convey their message through Facebook too," it said in a statement.
The party had written to the Electoral Commission this morning urging it to act, and in its later statement said that it would withdraw permission to candidates if and when the Electoral Commission acted to stop the breaches.
According to a 1991 law, the publication of political material which could influence voters, whether by traditional print and broadcast media or by any other means, is prohibited on the day before a general election. The law envisages a maximum fine of €1,164 and/or a prison term of up to six months for breaches.
But how possible is it to enforce this? In 2008, internet campaigning started and since then, the proliferation of blogs, Facebook and Twitter as well as social networking sites and bulk text messages has added to headaches.
In 2013, the Times of Malta had spoken to lawyer Stephen Tonna Lowell who said that the police could prosecute those who breached the law – without waiting for a complaint.
It was only later that year that news emerged that in fact, the police had made six requests to Facebook relating to violations of the General Elections Act. However, there are no records of whether anyone has ever been prosecuted for breaking the law.
READ: Voters irked by barrage of calls and messages
While online news sites were careful to stop uploading politically sensitive material before midnight, Facebook was still buzzing with shares of a video by Maltese rapper Jon Mallia, for example, although most people have welcomed the break from the intense campaign.
The Times of Malta had already on May 24 reported on the barrage of calls and text messages being sent by candidates – described by the head of the university’s communication department Gorg Mallia as “bordering on overkill”. To rub salt into the wounds, some people took to Facebook today to complain that they were still receiving messages today – although it is not clear whether this was deliberate or a spill-over of undelivered bulk messages.
Lawyer Michael Zammit Maempel had said four years ago that if the law were applied literally, no one could even post a political status on Facebook: “But the law must not be interpreted in a literal sense. Logic and good reasons should prevail.”