PN proposes enhancing anti-SLAPP legislation

The Nationalist Party submitted a parliamentary motion to enhance the recent anti-SLAPP legislation. 

This motion was presented by shadow minister for justice Karol Aquilina and shadow minister for public administration, Claudette Buttigieg.

The call to action follows the government’s transposition of the EU’s anti-SLAPP directive. Government’s transposition was slammed for only meeting the minimum requirements.

The PN said it views this directive as a pivotal opportunity for Malta to align its laws with EU standards while ensuring robust protections for journalists against legal intimidation aimed at suppressing the truth.

The motion proposes several key amendments to government’s legal notice, such as changes that would mean the law would apply not only to cases involving foreign jurisdictions but also to those filed exclusively within Malta.

The motion suggests increasing the financial penalties for strategic lawsuits against public participation from a maximum of €10,000 to a range of €10,000 to €100,000. It further calls for anti-SLAPP case data to be made publicly available online and submitted to Parliament for review when presented to the European Commission.

The PN also proposed ensuring that court rulings regarding anti-SLAPP cases should be transparent and accessible, ensuring they are not kept confidential.

The PN insisted that the Prime Minister and the justice minister engage in comprehensive public consultations regarding the incorporation of the anti-SLAPP directive into Maltese law. They propose that a bill reflecting the results of these consultations be presented to Parliament by the end of March next year.

“The PN is also insisting that the Government undertake public consultation on all matters identified by the public inquiry into the assassination of Daphne Caruana Galizia and those necessary for the protection of journalism in our country.” They also reminded government about a promised white paper for consultation on reforms to strengthen local journalism which remains shelved.

Justice Ministry says PN's proposals are 'irrelevant'

In response to the proposals, the Justice Ministry said the opposition's motion is "irrelevant" as it "postpones a law that is already in effect to March of next year."

"Government has already confirmed its intention to continue public consultations on topics related to the remaining proposals that are not directly addressed in the directive and that are listed in the report of the Committee of Experts. However, in the meantime, the directive has already been implemented to provide the agreed level of protection at the European level."

"The government has also confirmed its commitment to ensure that the implementation of the Anti-SLAPP measures takes place, and it is good for us as a nation to focus on other aspects that represent the whole society," the ministry concluded.