Taking the bull(ying) by the horns?

The 'campaign' by the Alliance Against Cyberharassment, fronted by former Nationalist MP and current chairman of the Malta Council for Science and Technology, Jeffrey Pullicino Orlando, is calling on people to sign an online petition taking a stand against cyberbullying and harassment. Dr Pullicino Orlando is not suddenly concerned about the well-being of children online; that is not the focus of the campaign. His move is an attempt to stem criticism of his actions. Yet, it is an irresponsible move with wider repercussions on freedom of speech.

Dr Pullicino Orlando has been the focus of attention in recent weeks for a brawl that occurred in the early hours of the morning at Is-Serkin/Crystal Palace in Rabat, a popular place to visit for tea and pastizzi after a night out partying. The brawl involved him and Law Commissioner Franco Debono in an argument with law student and Nationalist Party (PN) employee Nicky Azzopardi wherein Mr Azzopardi was allegedly "attacked and beaten".

Dr Pullicino Orlando has denied he was the attacker, taking to Facebook to 'clear his name'. He has attempted to do so by status updates listing a a series of questions directed at PN leader Simon Busuttil and columnist Daphne Caruana Galizia who wrote a number of blog posts on the incident.

"Pathetic. Daphne's hysterical reaction to my initiative against cyberharassment is indicative of the fact that she considers herself to be nothing but a stalker posing as a 'journalist'," said Dr Pullicino Orlando in one of his status updates on Facebook accompanied by a photo of Ms Caruana Galizia. The accusation was met with a series of comments from his followers that focused on insulting the columnist, calling her "ugly", a "witch", an "orangutan" and more.

"This is a campaign against hate," the former MP adds in a new Facebook post without any hint of irony when promoting his cyberharassment campaign. In that case, why did Dr Pullicino Orlando not remove the verbal abuse against Ms Caruana Galizia? If Dr Pullicino Orlando were so concerned about cyberharassment, he should lead by example. In this case, he can hardly be considered a victim.

The public interest

While improving laws to protect victims of harassment and children from bullying is a worthwhile cause, Dr Pullicino Orlando's exploitation of these issues to his advantage is not. He seems to be using his influence to suit his interests, regardless of the wider repercussions of such a move on journalists' ability to criticise the behaviour of politicians and public figures.  He is either failing to understand the wider repercussions of his actions, or he continues regardless.

What politicians and people entrusted to head public institutions do is in the public interest. For this reason, criticism of Dr Pullicino Orlando's involvement in planning scandals, assessment of his swinging loyalties and commentary on his inappropriate behaviour is legitimate. For if journalists are restrained from criticism of public figures, how would such people be held accountable? How would voters be informed of the performance of government and the people appointed to head public institutions?

Citizens have a right to that information. The point is not the method of delivery. If the information has no value, people would simply not read it. An information channel will survive or die based on that judgment. Dr Pullicino Orlando should be wise enough to trust readers with that responsibility.

The public has a right to know what people appointed to positions of trust are doing. It reflects on their character, the strength of their decisions, their capacity to carry the weight of responsibilities assigned to them, their potential to be corrupt, and so on. It reflects on them and those who appointed them to public office. Equating this criticism with the abuse of vulnerable children online, which is what cyberbullying is all about, is irresponsible.

A dubious aim

Cyberbullying refers to children or teenagers tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another minor using the Internet, interactive and digital technologies or mobile phones. It has to be instigated by a minor against another minor. This is not the expressed cause of Dr Pullicino Orlando's campaign.

Cyberstalking generally refers to a pattern of threatening or malicious behaviour, including communicating a credible threat of harm that occurs online. Cyberharassment differs from cyberstalking in that it is generally defined as not involving a credible threat. Cyberharassment usually pertains to unconsented conduct such as threatening or harassing email messages, instant messages, or to blog entries or websites dedicated solely to tormenting an individual.  Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose (i.e. free speech).

Once the definitions are clarified, it becomes highly dubious whether such a law would in fact protect Dr Pullicino Orlando from the criticism he aims to deflect. If it does, a law intended for other purposes would be abused to suppress freedom of expression.

If Dr Pullicino Orlando were genuinely concerned about damage to his reputation by one individual, he has the legal tools at his disposal to seek redress. Malta already has draconian libel laws that work in the interest of power rather than democracy.

Journalists facing libel suits in Malta are guilty before proven innocent - the onus of proof lies with the journalist. This makes it incredibly easy for politicians to suppress a journalist's work because they lose nothing by suing, even when they know the journalist's article constitutes fair comment.

Malta's media law certainly needs to be revised, but with the scope of improving democracy not imposing further restrictions because of one man's personal vendetta.

In the interest of democracy

Libel is regulated under the Press Act which, among other matters, lays down that any person who commits libel against others by means of the publication or distribution in Malta of printed matter, from whatsoever place such matter may originate, or by means of any broadcast shall be guilty of an offence under the Press Act. The definition of 'printed matter' under the Press Act also includes "any record, tape, film or other means whereby words or visual images may be heard, perceived or reproduced".  While Internet regulation is a minefield, the interpretation of the law has traditionally favoured the potential 'victim' rather than the journalist.

Malta's laws cover harassment too. The Criminal Code stipulates that a person who pursues a code of conduct which amounts to harassment of another person and which s/he knows or ought to know that such conduct amounts to harassment shall be guilty of an offence. Article 251C of the Criminal Code states that reference to 'harassing a person' also includes alarming the person or causing the person distress. While the Criminal Code does not refer to the tools used for harassment, the assumption is that the intention of the legislator is to criminalise the action, irrespective of the technology used.

Effective implementation of these laws would definitely serve victims better. Ask women about harassment and they would tell you how inadequate law enforcement fails to address their injury. But these are real victims who deserve real support. What Dr Pullicino Orlando seems to be doing is exploiting these very serious crimes to run a publicity campaign.

It is common knowledge that online petitions are worthless. They do not command Cabinet's attention. Petitions need to be signed in person to have any validity before the law. It serves to confirm suspicion that Dr Pullicino's Orlando's aim is to draw public attention, rather than genuinely address the protection of the vulnerable.

In his world, this article should expose the author and publisher to possible penalties he lists as, "a restraining order, probation, or even criminal penalties against the assailant, including jail." Would this serve the public interest or his own agenda?

Caroline Muscat is an independent journalist. This article first appeared on her blog, MyVoice.