Issue link: https://maltatoday.uberflip.com/i/1048856
NEWS maltatoday | WEDNESDAY • 7 NOVEMBER 2018 8 LAUR A CALLEJA DEFAMATION should be decriminal- ised in Malta, according to a joint sub- mission put forward by international media organisations to the Human Rights Council. The joint submission was made by Brit- ish Organisations Article 19 and English Pen, and the Austrian and French Or- ganisations Pen International Press In- stitute and Reporters Sans Frontieres. It reported that press freedom in Malta has deteriorated since 2013 making ref- erence to the findings present at an event organised by the Centre for Media Plu- ralism and Media Freedom in the Euro- pean Union in 2017. The findings indicated that basic pro- tection of journalists has deteriorated since 2016, and that Malta had placed at a 'medium risk' in the basic protection category. Previously Malta had placed at a 'low risk' status. However, it noted that the increase in status was most likely due to the murder of journalist Daphne Caruana Galizia last year. The submission stated concern with the current defamation laws in Malta, where under the criminal code defama- tion remains a criminal offence. It high- lighted four articles from the criminal code and one article from the press act which they claimed "threatened freedom of expression". It highlighted, defamation and insult of the President, which states that those who use defamatory, insulting or dispar- aging words, acts, gestures towards the President or use signs/visible presenta- tion to present the President in a dis- respectful manner shall on conviction serve a prison sentence of anywhere be- tween one to three months or receive a fine. Inputting ulterior motives to the Presi- dent, which states any publication or distribution in Malta of printed media, which puts forward ideas that the acts of the President of Malta might not be as they claim, insults or bring hatred to- wards them, on conviction could serve a prison sentence of up to three months and a fine. Seditious libel, which states two or more persons who conspire to cause ha- tred or contempt towards the President of Malta, or towards the government of Malta or encourage others to do so upon conviction could serve a prison sentence of six to eighteen months. Imputing misconduct by the govern- ment, which states anyone who falsely accuses someone within the government of misconduct shall on conviction be at risk of a prison sentence of one to three months or receive a fine. Reviling judges and other public of- ficials which states whoever critics or threatens a judge, the Attorney General, magistrate or jurors during an ongo- ing case shall on conviction could serve a prison sentence of nine to eighteen months, and a fine which can go up to 1,500 euros. The submission referred to the fact that at the time of her death Daphne Caruana Galiza had 47 libel suits against her. It stated the use of criminal libel laws was relatively common in Malta, and regu- larly used against the media. "Excessive use was made of strategic lawsuits against public participation by senior government figures and economi- cally powerful individuals to harass and intimidate journalists into silence by forcing them to make repeated court ap- pearances and pay highly exorbitant le- gal fees." It recommended that defamation be decriminalised in Malta, and that poli- cies should be put into place to ensure that "excessive fines" and other "harsh" penalties, are not made available in cases of a breach in defamation laws. "We recommend authorities, make un- equivocal public statements against firms who seek to use strategic lawsuits against public participation measures against Maltese journalists through jurisdictions outside the European Unions." It reported that several indicators showed that Malta was at a high risk for media pluralism. Referring to a study conducted in 2018 that analysed me- dia pluralism within the 28 EU member states. "Political parties hold extensive media ownership… the appointment producers for Malta's public Broadcasting Service and the Broadcasting Authority do not guarantee independence from political interference." It recommended that Malta seek to en- sure that media outlets are owned by a variety of different individuals independ- ent from the government. While almost entirely negative, it did acknowledge that Malta had made steps in the right direction to rectify its blas- phemy provision. The office for Democratic Institutions and Human Rights of the OSCE noted that the 2017 report concluded that Mal- ta's early parliamentary elections were held in a professional and efficient man- ner. "Stakeholders have expressed confi- dence in most stages of the process, but aspects of the legal framework could benefit from further review." International media houses call for Malta to decriminalise defamation "Excessive use was made of strategic lawsuits against public participation by senior government figures and economically powerful individuals to harass and intimidate journalists into silence" MANOEL Island developer MIDI plc has issued a statement saying that proposed amendments to its masterplan for the island will not impact the overall building heights to be developed and that there will be no change to the overall built- up area. Buildings on the Ta' Xbiex side of Manoel Island could rise to four floors instead of three if plans submitted by develop- ers are approved. The new plans submitted last September pro- pose that buildings overlooking the yacht marina will rise to 18.5 metres, an increase of four me- tres over previous drawings. Original plans submitted in Sep- tember 2017 foresaw that most buildings facing the yacht ma- rina on the Ta' Xbiex side would have a height of 14.5 metres. The latest plans do not envisage any take-up of more land from that identified last year. Additionally, some buildings facing the Gżira waterfront and which overlook an area identified for land recla- mation, have been removed. The company yesterday said that the total built-up area as detailed in the amended plans is identical to the built-up area con- templated in the original plans and that the building heights in the amended plans are in line with the building heights in the original plans. "The amended plans submit- ted by MIDI plc to the Planning Authority, at the beginning of September, reflect the design development of the Master Plan (PA9407/17) throughout the last 12 months and include: the re-massing and re-distribution of volume from the north to the south residential clusters; reduc- tion in breakwater length; update of marina layout and design; re- positioning of the south pedestri- an bridge; reconfiguration of the gateway to reduce massing and improve car park access; and the update of the layout of the sports facilities." MIDI said the transfer of vol- ume from the north clusters to the south clusters contemplates the development of one addi- tional receded floor along the marina in order to accommodate the volume transferred from the north clusters. "As a result the building heights along the marina are proposed to include three floors plus one receded floor. These modifica- tions do not increase the over- all heights of the development as contemplated in the original master plan and the overall built- up area of the Manoel Island de- velopment remains unchanged. The amended plans respect MI- DI's obligations in terms of the Guardianship Deed." Manoel Island forms part of the MIDI project that includes Tigne Point. The Manoel Island Founda- tion said yesterday evening that during the consultation period it reviewed the amended plans pertaining to the Manoel Island Master Plan submitted by MIDI plc to the Planning Authority. "The amendments as proposed constitute a transfer of the resi- dential volumes from the north clusters to the south clusters and the overall development remains a low-rise development which does not exceed four floors across the island. Furthermore, the proposed amendments do not contemplate any change to the building volumes as original- ly proposed. The Manoel Island Foundation confirms its commit- ment to ensuring that MIDI ad- heres to its obligations in terms of the Guardianship Deed." The new plans represent a change from the scale of develop- ment assessed in photomontages that formed part of the Environ- mental Impact Assessment. They would represent an intensifica- tion of development overlooking Ta' Xbiex and a reduced impact on views from Gzira. Commenting on the application on Facebook, former AD chair- person Arnold Cassola decried the lack of consultation over the recent changes in the proposed height of the project. An EIA presented in May had assessed the visual impact of the proposed 610 new apartments on Manoel Island. The study had concluded that views from Ta' Xbiex would have already obscured all medium- and long-distance views of the Gzira and Sliema front from this location. The proposal assessed in the EIA represented an increase in the number of residential units but a decrease of 8,000sq.m in the total gross floor area of the project when compared to the approved masterplan of 1999. The project also includes a 5-star hotel located in the Laz- zaretto complex, an 8,449sq.m retail complex, a marina for 183 berths and 3,695sq.m allocated for sports facilities. MIDI says Manoel Island amendments do not impact on overall heights