Issue link: https://maltatoday.uberflip.com/i/1466490
6 maltatoday | SUNDAY • 1 MAY 2022 OPINION 2 maltatoday EXECUTIVE EDITOR Matthew Vella mvella@mediatoday.com.mt Letters to the Editor, MaltaToday, Vjal ir-Rihan, San Gwann SGN 9016 E-mail: dailynews@mediatoday.com.mt Letters must be concise, no pen names accepted, include full name and address maltatoday | SUNDAY • 1 MAY 2022 A SLAPP in the face of media intimidation Editorial THIS week, the European Commission unveiled a pro- posal to clamp down on cross-border libel suits aimed at silencing journalists. The proposal takes direct aim at 'strategic lawsuits against public participation' - commonly known as 'SLAPPs' - which are used primarily to prevent or pe- nalise talk on public interest issues, by exposing the media to disproportionate court expenses. This is, of course, directly relevant to the situation concerning press freedoms in Malta. SLAPP action - or the threat thereof - reached a climax here in 2017: when the practice was used against Maltese journalists and media houses, including murdered journalist Daphne Caruana Galizia, by the now shuttered Pilatus Bank that was being investigated over money laundering. Indeed, as European Commissioner Vera Jourova commented at the launch this week: Daphne Caruana Galizia, alone, "had more than 40 lawsuits of this type at home and abroad." It was not just for this reason, however, that legisla- tion against SLAPP lawsuits was needed. The Malta- Today newsroom had faced numerous SLAPP threats before the Pilatus Bank affair: and regrettably, not with- out some success. Expensive London court-actions had in fact dissuad- ed various MaltaToday reports into (among others) the interests of an international oil company in Malta's bunkering industry; an investigation into consultancy money paid on the development of Malta Life Sciences Park; and details related to an international footballer management firm with political connections in Eastern Europe and Turkey. Earlier still, this newspaper's investigations into the local tuna-ranching industry had likewise been shut down by vexatious lawsuits: only this time, in the local courts. The same strategy has also been variously used against other media houses; as well as individual bloggers, for decades. In all such cases, the objective was clear: small newspapers are unable to fight an expensive lawsuit, so the threat alone is enough to spike a news story. It is with such force that the global rich and the eco- nomically powerful can wield the necessary influence to shut down a free press. From this perspective, it is significant that the Com- mission's proposal does not limit itself to cross-bor- der libel suits. The anti-SLAPP initiative also adopts a complementary recommendation to encourage mem- ber states to align their rules with the proposed EU law, also for domestic cases and in all proceedings, not only civil matters. It also calls on member states to take a range of oth- er measures, such as training and awareness raising, to fight against SLAPPs. The legislative proposal also enables judges to swiftly dismiss manifestly unfounded lawsuits against jour- nalists and human rights defenders. It also establishes several procedural safeguards and remedies, such as compensation for damages, and dissuasive penalties for launching abusive lawsuits. All things considered, this proposal – which repre- sents the cumulative input of various organisations, in- cluding the pan-European anti-SLAPP coalition CASE – does appear to effectively address most, if not all, of the major concerns with this practice. As a newspaper which has been campaigning for ef- fective anti-SLAPP legislation for well over a decade, MaltaToday can only welcome this latest development, which brings us one crucial step closer to that target. Nonetheless, we are not quite there yet. The proposed directive will still have to be negotiated and adopted by the European Parliament and the Council, before it can become EU law. And while broad consensus appears to exist, it must be remembered that the final decision ultimately rests with Member States: including Malta, where the government has a long history of resisting such 'interferences' in local matters. Moreover, an earlier Commission proposal for a 'New Migration Pact' – unveiled with similar fanfare in Sep- tember 2020 – has yet to see the light of day, two years later. Admittedly, the anti-SLAPP proposal is not likely to suffer the same fate; as the levels of resistance to the Migration Pact, by individual EU member states, was far greater than that against this directive. All the same, what we are looking at remains a propos- al that has yet to be discussed – and, possibly, changed – before being finally implemented. As such, it might be premature to declare victory at this stage. But this only strengthens the argument that individ- ual member states – Malta, first and foremost – must also play their part in approving the final law. And this process does not need to wait for the issue to be dis- cussed at Council of Ministers level, either. Indeed, the proposal itself recommends that "mem- ber states adopt national legal frameworks that provide the necessary safeguards, similar to those at EU level, to address domestic cases of SLAPPs"; and that "member states would also need to ensure that their rules appli- cable to defamation, which is one of the most common grounds for launching SLAPPs, do not have an unjus- tified impact on the freedom of expression, on the ex- istence of an open, free and plural media environment, and on public participation." There is nothing – apart, perhaps, from the Maltese government's own reluctance – that is currently stop- ping us from implementing those recommendations today: even before the proposal's final approval. One expects, therefore, that the government of Malta will now join what Jourova described as a "David and Goliath fight"; only this time, taking the side of David; not Goliath. 1 May 2012 PM meets Pullicino Orlando, as Gonzi makes moves to consolidate power PRIME Minister Lawrence Gonzi is against an early election and intends to avoid a vote on the motions of censure moved by the Op- position on Minister Carmelo Mifsud Bonn- ici and Malta's Permanent Representative to the EU Richard Cachia Caruana. This week the Prime Minister asked his two trusted assistants – MEP David Casa and Justice Minister Chris Said – to meet up with Franco Debono. On Friday Debono was treated to lunch by Chris Said and David Casa. They attempted to calm Debono and even talked at length on his insistence that Home Affairs Minister Carmelo Mifsud Bonnici should resign. Said will not disclose what was said during the private discussion. However, it must be stressed that no resignations were mentioned or discussed in any meetings for which Said was present. Earlier this week, the Prime Minister per- sonally called backbencher Jeffrey Pullicino Orlando to his office after Pullicino Orlando publicly urged the PM to call an early elec- tion. "It was a very cordial meeting in which we discussed a number of topics," Pullicino Or- lando said, adding that he however was not at liberty to divulge the content. While the MP did not hold back from mak- ing any comments public on Facebook over the current impasse faced by government in parliament – including repeated calls for early elections if need be – Pullicino Orlando would not comment on the Prime Minister's reaction. When pressed on Gonzi's reaction to the comments, the backbencher insisted on not divulging any details: "Any reactions and what was discussed between us are private matters". At the same time, Pullicino Orlando did confirm that he discussed the current polit- ical impasse and the problems within par- liament with Gonzi, who has told aides that he intends to stay on as long as possible and that he intends to avoid a direct vote in par- liament. ... Quote of the Week "Everyone has to understand that one's political journey has an expiry date. Mine will come too and when it does I will be accepting it and move on." PN leader Bernard Grech on Radio 103 with Andrew Azzopardi, when asked if the party had worked against the campaign of former PN MP Jason Azzopardi MaltaToday 10 years ago