Issue link: https://maltatoday.uberflip.com/i/1517228
12 maltatoday | SUNDAY • 10 MARCH 2024 NEWS Malta's anti-SLAPP law sitting on government's THE European Union has a new directive to protect persons who engage in public participation from manifestly unfounded or abusive court proceedings. Member states now have two years to transpose the EU direc- tive that received the seal of ap- proval last month. The movement to have EU- wide anti-SLAPP provisions took on particular importance in the wake of Daphne Caruana Gali- zia's murder in 2017. At the time of her assassination, the journal- ist faced more than 40 libel cas- es, including a freezing order on her accounts requested by then minister Chris Cardona pending the outcome of a libel case he had filed against her. Better known by the acronym SLAPP (strategic lawsuits against public participation), these court proceedings are intended to har- ass and intimidate those involved in protecting the public interest. The court action is typically in- itiated by powerful individuals, lobby groups, corporations and state organs against journalists, human rights defenders and an- ti-corruption campaigners. Member states must now find ways and means of changing their laws to ensure the provisions outlined in the directive become applicable for domestic SLAPP cases and also cross-border ones. The Maltese government had proposed anti-SLAPP legislation in the wake of the Daphne Carua- na Galizia public inquiry findings, however this was shot down as weak and ineffective by journal- ists and campaigners. A Media Experts Committee had reworked the government proposal in 2022 but this also came under fire. Subsequently, the Media Experts Committee revisited the legislation following public consultation and submit- ted its final report in July last year. The new anti-SLAPP provisions proposed by the committee have been sitting on government's lap since then. They are broadly in line with the EU directive and in some parts, go even further. Government said last year it would be issuing a White Paper on the media reform proposed by the Media Experts Committee, which includes the anti-SLAPP provisions. Yet, the White Paper has still not seen the light of day. We analysed the key elements that underpin the EU's an- ti-SLAPP directive and the pro- posals made by the Media Experts Committee in its final report. The Maltese anti-SLAPP pro- posal is included as part of the Media and Defamation Act and it covers both domestic SLAPP cases and those instituted in for- eign jurisdictions against people or bodies in Malta. The EU directive speaks of protection from "any type of le- gal claim or action of a civil or commercial nature". The Mal- tese proposal makes such a wide provision when dealing with cross-border SLAPP cases but limits the protection to defama- tion and libel for domestic cases. The latter provision takes into ac- count the Maltese context, where anyone who publishes or pro- nounces an allegedly libellous or defamatory article or statement can be sued for damages under the provisions of the Media and Defamation Act. On most other points, the Mal- tese proposal is broadly in line with the directive's requirements and it even goes further in some instances. It has to be noted that proposed legislation currently frozen in the Maltese parliament falls short on several key aspects when com- pared to the anti-SLAPP direc- tive. The draft legislation had been put forward in 2022 follow- ing the publication of the Media Experts Committee first report. The proposal being analysed here is the one contained in the final report presented by the committee last year. The report was tabled in parliament in Oc- tober. Europe has finally decided to act on abusive court cases intended to stif le freedom of expression and public participation with a new anti-SLAPP directive. Malta now has two years to implement the directive but since July last year, the government has had in front of it an anti-SLAPP proposal aligned with the directive and in some instances even more progressive. KURT SANSONE reports. The EU now has a new anti-SLAPP directive that requires member states to implement legal changes over the next two years. The directive has been labelled 'Daphne's law' in memory of the slain Maltese journalist killed in a car bomb in 2017. How does the anti- SLAPP proposal put forward by the Media Experts Committee in 2023 compare to the EU directive? 1. If claimants alter proceedings EU: Any changes made by claimants during proceedings, including the discontinuation of proceedings should not af- fect the court's possibility to consider the proceedings abu- sive and to impose remedies. Malta: This aspect of the di- rective is not specifically cov- ered in the new proposals put forward by the Media Experts Committee. However, Maltese jurisprudence shows that the party withdrawing the law- suit is held responsible for the judicial fees and costs of the opposing party unless there is a written compromise agree- ment between the parties stat- ing otherwise. It must be noted though that the Maltese proposal does allow the court on 'its own motion' and 'at any stage of proceedings', to stop hearing the case if it is satisfied the action being brought against the defendant is 'manifestly unfounded'. This will result in the court taking a decision on costs, damages and possibly penalties. 2. Third party intervention EU: Courts may accept that non-governmental organisa- tions safeguarding or promot-