Issue link: https://maltatoday.uberflip.com/i/734031
maltatoday, SUNDAY, 2 OCTOBER 2016 News 3 MIRIAM DALLI A Bill to remove criminal libel from Malta's law books will be tabled in parliament for its first reading on Monday, October 10, when parliament reconvenes after the summer recess. The move was confirmed by Jus- tice Minister Owen Bonnici who said that the government would continue "to modernise the laws" following the recent changes to the censorship and freedom of ex- pression law. "The first reading of the Bill ap- proved by the Cabinet has been scheduled for October 10," Bon- nici said in a statement. The minister said one of the main aims of the bill was to re- move criminal libel whilst intro- ducing alternative dispute resolu- tions in civil libel cases. Yesterday, the Institute for Jour- nalists (IGM) urged legislators to introduce mediation and speed up the decriminalisation of libel. The organisation said it had participated in the consultation process for the White Paper to improve mediation proceedings, publishing a position paper on September 26. "Whilst mediation was to be in- troduced as a measure for resolv- ing lease disputes, it felt that it should also be introduced in libel cases," the IGM said. The institute said that, in a con- siderable number of libel cases, the defendant makes a declaration that mitigates the offence complained of and brings court proceedings to an end. "But in the meantime, they would have incurred pointless ex- pense and a waste of the court's time," the IGM said. It added it was convinced that if mediation were to be introduced at the complaint stage, a settle- ment could be reached between the parties much earlier. It strong- ly encouraged the government to consider this proposal whilst in- sisting that Parliament must legis- late to decriminalise libel. The Labour administration is also mulling over far-reaching re- forms in the field of civil defama- tion, to allow injured parties to seek redress through mediation instead of court action. One of the major features of the proposed legal reforms will be the introduction of mandatory media- tion for people who file a defama- tion complaint. Instead of pro- ceeding straight into court to file a civil defamation lawsuit, parties can go straight into mediation to discuss suitable redress that can be delivered in a timelier fashion. That would save newspapers – often the defendants in such cases – as well as plaintiffs, years at the law courts, and thousands spent on expensive legal fees and costly damages. The mediation process however will not mean that parties cannot take the case to the civil court. If mediation fails, a plaintiff can still take recourse to the civil courts. In 2013, with the election cam- paign in February of that year al- ready dominated by libel suits and criminal defamation proceedings, Labour leader Joseph Muscat had stated that he was in agreement that criminal libel should be re- formed. "Criminal libel is one of the reforms that needs to be dis- cussed. We must see what type of legislation can help the media to do its work, but at the same time make sure that the media is aware of its responsibilities," Muscat said. Opposition leader Simon Bu- suttil has also joined the ranks of many in calling for the abolition of criminal libel in Malta. "A modern democracy cannot allow for the possibility of being thrown in jail when exercising their right to free- dom of expression," he recently declared. By filing a criminal libel suit, one actually enlists the office of the prosecution (which, in Malta, falls under the Police Force) to conduct the case at its own expense. This raises the question of whether it is congruent for the State to foot the bill for a private litigation… a question that assumes greater rel- evance when one considers that libel – both criminal and civil – is very often resorted to as a means of silencing media critics. From this perspective, criminal libel makes the State an accessory to the intimidation of the free press. Bill to remove criminal libel to be tabled in parliament