Issue link: https://maltatoday.uberflip.com/i/939870
maltatoday SUNDAY 11 FEBRUARY 2018 Interview 14 By Raphael Vassallo The Institute of Maltese Journalists, of which you are current chairperson, held a number of meetings with the Government and the Opposition over the recently tabled amendments to the Press Act. Are you satisfied with the outcome? What were the main issues the IGM wanted to see addressed in the draft law? When the first draft was tabled before the last election, we as IGM, tried to consult as many stakehold- ers as possible, so that the voice of journalists, and their ideas, would hopefully end up reflected in the new press law. Because there was a need for this law: it had been in the pipeline for a very long time. And originally, we felt there were a number of things that needed to be amended in the original draft bill. I am pleased to be able to say that the seven amendments we proposed at that stage were all taken on board, in part or in total, in this second draft. So we're satisfied that our voice was heard on this occasion. And by 'our voice' I don't just mean the IGM's. We consulted both our own members and also journalists who are not our members. So it's fair to say that the new draft bill takes on board proposals from the sector as a whole... What were these proposals, concretely? The removal of criminal li- bel, for instance, is something we had been insisting on for a long time. Even my predecessor, Karl Wright, had brought it up on countless occasions. So it's a particular satisfaction to us, that something we've been demand- ing for so long has finally been taken on board. Then there's the capping of damages. In the first draft, the proposed maximum penalties for libel had been dou- bled, from approximately 11,000 to approximately 22,000. But in the new bill, they are back at the same levels they were before. Also, there will be the introduc- tion of a mediation system in libel cases. This is important to us, as for one thing it speeds up the ju- dicial process. The former crimi- nal libel system was cumbersome and slow, and cases often dragged on for years. With mediation, there is the possibility of expedit- ing the entire process. On top of that, we insisted on the removal of cautionary mandates [such as garnishee orders] in libel cases; we objected to the proposed reg- istration system for editors, and we insisted on the protection of sources being written into the law. All seven of these proposals have been included in the second draft, and I am informed that it is now a matter of days before it moves on to committee stage. From our meetings with both the Government and the Opposition, it seems there is consensus over this law. So we hope that it will be enacted as soon as possible, as it is important to progress from words to action. Was there anything you proposed that was omitted from this draft? From this draft, no. But since then we have met with the Gov- ernment and Opposition again, to make another three proposals... as there is still time for them to be included for discussion. The first concerns aggravation, in the legal sense: that if someone is found guilty of a crime against a journalist carrying out his or her duties, the crime would be considered an ag- gravated offence, with higher pen- alties than usual. This already exists for crimes against public officials, or vulnerable categories such as the elderly. We are suggesting that journalists be accorded that same status, in recognition of the es- sential public service they provide. Secondly, that journalists also be afforded some form of indemnity as added protection. I don't know, for instance, how many journal- ists here are covered by an insur- ance policy: overseas, it is standard practice. We would like to explore the possibility of including a clause in the new law to offer that form of protection to journalists, too. Lastly, there's the issue of SLAPP. We asked both sides to consider the inclusion of a clause to protect journalists from financial pressures in case of SLAPP lawsuits... On the subject of SLAPP, when I interviewed Justice Minister Owen Bonnici last week, he argued that the second draft of the new law already caters for 'SLAPP' proceedings in Malta... but that he was seeking legal advice on whether it was possible to legislate against rulings by foreign jurisdictions being applied locally. Are you talking about local court rulings, or foreign ones? As far as I am aware, SLAPP law- suits do not exist in the location jurisdiction. Even so, however, we asked if there were any ways the local legislation could somehow limit – if this is even possible, first of all – the financial pressure of an overseas libel case. Exactly how or if this can be done is something for experts to decide, but we feel there should be proportionality in libel cases, including in foreign jurisdic- tions. You have to take the size and circumstances of Malta into con- sideration. We feel that these cir- cumstances should be reflected in the legal infrastructure. But we're also aware that there are limits to what Maltese legislation can and cannot do: that's why we had a meeting with the Justice Minister and the Attorney General. They told us they were seeking legal ad- vice about the issue. Matters are however slightly complicated by the changing nature of the media themselves. Take blogs, for instance. A blogger may be Maltese, but the blog could very easily be registered in a foreign jurisdiction. And anything published online automatically has a (potential) worldwide readership. The question then arises: why should a Malta-based blog or online news portal be subject only to Maltese laws? This is something I think needs to be studied in detail. I don't think there's a quick and easy solution. That's the feedback we got from the minister and the AG as well. But it's still a cause for concern: you cannot allow a situation where journalists can be silenced in the course of his duties, because the work of a journalist is an important pillar of democracy. Journalists have responsibilities, too: they have a responsibility not only to them- selves – for the sake of their own professional credibility – but also to those who follow their stories or news broadcasts. Or blogs, for that matter. So I think we need to seriously study the situation with a view to offering better protection to journalists. Journalism is too important to be left unprotected. Without journalism, democracy is weakened... Earlier you mentioned the issue of insurance policies for working journalists. It is widely known that journalism is a risky profession, and there seem to be indications that it may be getting riskier. Daphne Caruana Galizia's murder was the most extreme case, but there have been various (much less serious) cases of journalists who were assaulted and sometimes injured in the course of their work. Do you see journalism as becoming more dangerous in Malta? As IGM, we strongly condemned the act that was done to Daphne Caruana Galizia, and will continue to condemn it. It is something that is not just condemnable, but some- thing that... we would never even have imagined getting to that situa- tion in the first place, where some- one actually murders a journalist. Now: we feel that in cases where people feel aggrieved by a certain story... or feel that what was pub- lished wasn't true, or caused them damage of a personal or commer- cial nature... there are legal rem- edies people can take. There is the right of reply, and in extreme cases there are the law-courts. That's where you go when you feel you are in the right. But you have to be in the right. And there has to be some respect for the profession of jour- nalism itself, if not the individual story. So yes, I do feel that journal- ism is being weakened today by the sort of challenges journalists face on the job. Fewer people are I think we need to seriously study the situation with a view to offering better protection to journalists. Journalism is too important to be left unprotected. Without journalism, democracy is weakened... There is a level of risk across the board in this profession: whether it's because of delving into political issues, social issues, reporting breaking news... and when it comes to investigative journalists, the risks intensify PROTECTION RISK Is Maltese journalism at