Issue link: https://maltatoday.uberflip.com/i/1546635
17 maltatoday | SUNDAY • 20 SEPTEMBER 2026 FEATURE and their implementation status 7. CODE OF ETHICS: Legislative provisions including in the Codes of Ethics are required to safeguard against improper conduct of public officials in the execution of their duties. STATUS: PARTIALLY IMPLEMENTED Key legal documents are the Public Administration Act, the Code of Eth- ics for public employees and board members, Directive No. 16 of 2023, and the Framework for preventing and managing conflicts of interest in the public sector, effective from Feb- ruary 2024. However, the European Commission's Rule of Law Report 2026 states that action remains to be taken to improve the overall ethics framework of the public administra- tion. The report stated that a detailed framework is in place to detect and manage conflicts of interest among public employees, including for sen- ior officials and with regard to side activities, revolving doors as well as financial and non-financial inter- ests. However, it added: "At the same time, it remains unclear which parts of the framework also apply to per- sons of trust." 8. POLICE AND JOURNALISTS: The best protection that should be provided to whoever is exposed to serious risk is that the police are in a position to identify the cause of that risk in order to be able to provide protection against it. In the case of a journalist, this means, among others, a timely and effective investigation of the cause of that risk or risks. In or- der for this to occur, there needs to be an ad hoc structure within the police corps. STATUS: IMPLEMENTED While it does not appear that the po- lice force has an ad hoc structure to investigate wrongdoing flagged by a journalistic report, the force has over the past five years dedicated signif- icantly more resources to depart- ments the public inquiry had found very wanting, such as the financial crimes section. Additionally, the po- lice force has boosted its intelligence gathering aspect to be able to identify risks that journalists and other people in the public domain could be exposed to as a result of their work. The force has also created a specific internal channel that journalists can report to or seek guidance from in the event of a suspected or actual threat. The police force has also collaborated with the In- stitute of Maltese Journalists (IĠM) to improve access and protection for me- dia workers covering a crime scene or place of accident. 9. DUBIOUS RELATIONSHIPS: Measures need to be taken… to pro- tect against situations of dubious re- lationships and contacts between high officials and others within the Police Corps and regulatory authorities with elements in the public administration and big business. Situations which ob- viously prejudice their independence and correctness in the execution of their functions. STATUS: PARTIALLY IMPLEMENTED This is a wide-ranging provision, which in the most part is regulated by ex- isting codes of ethics and behaviour. However, the current legal framework contains no provisions that regulate lobbying or the use of private commu- nication channels for public purpos- es. The government had shot down a proposal by the Opposition in January 2022 that sought to criminalise the use of unauthorised electronic resources by public officials or employees in the per- formance of their duties. The Yorgen Fenech trial exposed how official busi- ness was being conducted on WhatsApp and Signal thus bypassing any notion of accountability and traceability. The Op- position is again proposing the introduc- tion of a law barring the use of unofficial electronic resources by public officials. 10. JOURNALISTIC PROTECTION: The public inquiry also made several recommendations to strengthen jour- nalism and better protect journalists in their line of duty. The recommendations included: A reform to the Freedom of In- formation Act to ensure better access to public information in a timely manner; changes to the Media and Defamation Act to prevent SLAPP law suits from stifling journalists and the expiration of libel cases if the journalist dies while the case is still pending; constitutional amendments to strengthen freedom of expression, recognise journalism as one of the pillars of a democratic society and recognise an individual's right to re- ceive information from the State and the public authorities' obligation to provide such information; the introduction of a code of ethics for journalists and its reg- ulation by the Ombudsman or a specif- ic commissioner. However, the inquiry recommended the provisions related to journalism be analysed and studied more in depth by a board of experts that would then produce its own specific pro- posals. STATUS: PARTIALLY-IMPLEMENTED The Committee of Experts was set up by the government in January 2022 headed by former Judge Michael Mallia, who also headed the Caruana Galizia Public Inquiry. The committee was tasked pri- marily to analyse a series of bills the gov- ernment had tabled in parliament to re- form the media sector. The committee produced its first draft later that year and after the summer government than pro- duced revised legislative changes, which however, proved to be unsatisfactory. The committee was asked to carry out another review and public consultation, following which it produced its second and final report in July 2023. However, the government only published it after the summer and a formal public con- sultation was held in 2025. No reforms have been carried out apart from the introduction of anti-SLAPP provisions through legal notice as part of an EU directive in 2024. The anti-SLAPP pro- visions allow the Maltese courts to re- ject the execution of foreign judgments if these are intended to stifle freedom of speech and produce a chilling effect. However, the government had refused an Opposition proposal to extend the anti-SLAPP provisions to domestic cas- es as the IĠM requested. In its latest proposals, the Opposition is proposing stronger constitutional protection for free and independent journalism and stronger protection against SLAPP pro- ceedings. An idea floated by Opposition leader Alex Borg for journalists to have a warrant was shot down by the IĠM that described it as a threat to democracy. Borg later climbed down, insisting that any regulation of the journalistic profes- sion should be self-regulation. Translation of Daphne Caruana Galizia Public Inquiry recommendations courtesy of the Daphne Caruana Galizia Founda- tion. The recommendations of the public inquiry resurfaced on the national agenda in the wake of Yorgen Fenech's acquittal No reforms have been carried out apart from the introduction of anti-SLAPP provisions through legal notice as part of an EU directive in 2024 (File Photo)