OSCE representative welcomes decriminalization of defamation in Malta, urges dismissal of civil defamation lawsuits against Caruana Galizia’s heirs

VIENNA, 15 May 2018 – Welcoming the entering into force of Malta’s new Media and Defamation Act, the OSCE Representative on Freedom of the Media (RFOM), Harlem Désir, called on the authorities to engage in further legal and policy reforms on civil defamation legislation.

“The decriminalization of defamation and libel in Malta is an important step toward alleviating the pressures faced by journalists in the country,” Désir said.

The Representative recalled that the RFOM Office last year provided two independent legal reviews on the draft Law, upon request by the Maltese authorities. He noted that following these reviews, among other provisions, the new legislation establishes maximum compensation amounts to be granted by civil courts; courts will be obliged to consider the effect that the payment of damages will have on the person who is ordered to pay; and the protection of informants will be extended to apply to any editor, publisher, author or website or broadcast operator. 

“This will be a major improvement,” said Désir. “However, important problems continue to exist regarding the impact of civil defamation lawsuits on investigative journalism.”

“What is essential as the next step is that the spirit of the law is implemented by the authorities and reflected in all issues related to media freedom. Legislation pertaining to civil defamation should also be improved,” Désir said, offering his Office’s assistance to the Maltese authorities in this process.

The Representative recalled that several civil defamation lawsuits continue to exert extreme financial and psychological pressure on the family of Daphne Caruana Galizia, a prominent investigative journalist killed for her work in October 2017. She faced 47 libel lawsuits at her death. In 34 of these lawsuits, all of them civil libel proceedings, the plaintiffs continue to seek damages from the journalist’s family.

“This is outrageous. It should not be possible to pass on future liabilities to heirs or successors in defamation cases,” the Representative stated. He also called on public officials to have a higher threshold of criticism: “Given that many of the plaintiffs are high-level public officials, I urge them to drop these lawsuits.”

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. He provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.