Government shoots down Opposition motion to strengthen anti-SLAPP law

Government has shot down the Opposition’s amendments to the legal notice which introduces the EU anti-SLAPP directive.

Currently, the legal notice enacted by the government last year only safeguards individuals from SLAPP cases of a transnational nature. The Opposition said its amendments seek to close this gap by extending protections to cases filed in Malta.

The parliamentary debate saw the participation of a number of Government and Opposition MPs and ministers, including Jonathan Attard, Karol Aquilina, Owen Bonnici, Claudette Buttigieg, Ramona Attard and Carmelo Abela.

The Opposition proposed amendments to broaden the scope of the law, ensuring it applies not only to cases filed abroad against individuals in Malta but also to cases initiated in Malta against individuals within the country.

The proposed changes also sought to increase deterrent penalties, raising the maximum fine from €10,000 to a minimum of €10,000 and a maximum of €100,000 to effectively discourage the use of SLAPP lawsuits.

Additionally, the amendments required that data on such cases be submitted to the European Commission by 31 March each year, published online on the Court Services Agency’s website, and tabled in Parliament by the minister within 10 days of submission to the Commission.

Court rulings under this legal notice would also remain publicly accessible and could not be removed from the court’s online system, under the proposed amendments

Furthermore, when a Maltese court decides whether to recognise and enforce a foreign judgment, it would be prohibited from making negative inferences based on a defendant’s failure to respond to a lawsuit abroad. This proposal was being put forward in consultation with the Institute of Maltese Journalists (IĠM).

Addressing parliament during the opening of the debate, Opposition MP Karol Aquilina, who fronted the motion, reminded the House the European Union directive is named ‘Daphne’s Law’.

“Ali Sadr, the owner of Pilatus Bank, filed a lawsuit against Daphne Caruana Galizia in Arizona—over 10,000 kilometres away from Malta—in May 2017, during the peak of an election campaign,” he said. “Pilatus Bank and its owner dropped the lawsuit the day after Caruana Galizia was assassinated in a car bomb attack just metres from her home in Bidnija. The journalist was unaware of the case against her, and news of the lawsuit only surfaced after her murder.”

He noted that at the time of her assassination, Daphne Caruana Galizia was facing 43 civil lawsuits and five criminal libel cases in Malta. “These lawsuits were intended to intimidate her and suppress her work through legal harassment. Despite this pressure, she remained steadfast, continuing to investigate, write, and expose the truth.”

Addressing parliament in the concluding stages of the debate, Aquilina said government “clearly fears journalists and their work, and wants to prevent them from carrying out their duty.”

He also questioned how certain individuals like Owen Bonnici addressed the debate, given he broke the fundamental rights of a number of people when he repeatedly ordered that the Daphne Caruana Galizia memorial on the Great Siege Monument be cleared.

Aquilina also slammed “misleading” government MP statements which he said were intentional in confusing the House.

He concluded by saying if government does not want to listen to the Opposition, it should listen to what the IĠM is saying.

Opposition’s stance vague and unclear – Jonathan Attard

Addressing the House, Justice Minister Jonathan Attard said that while the government is open to continue debating the subject, there are a number of points it does not agree with.

“There is an element of confusion in what is being proposed,” Attard said. “The motion sometimes requests the postponement of this directive and in other instances to strengthen the directive.”

On the Opposition amendment to raise fines, he said it does nothing to discourage SLAPP lawsuits. He said it also fails to take into consideration where the use of the law is justified and dissuades people from making use of these legal tools.

“Will we create a disproportionate situation where people cannot make use of the law against those who abuse it,” he said. “You cannot debate from a populist perspective.”

On the Opposition amendment to have a sentence permanently available publicly, the minister questioned whether it wanted to remove the right to be forgotten.

He also questioned the intention behind the amendments, hinting it was being proposed to protect individuals like lawyer Jason Azzopardi.

“Should protection be also granted to a compulsive liar like Jason Azzopardi? Do you want to protect these people? If that is your intention, it is not ours. I will not allow anyone to come here an legislate in favour of those who want to attack anyone, and those who are hungry for power at all cost,” he said.

Attard said he is mentioning this because he believes the “greatest threat to journalists are those who abuse from freedom of expression.”

Emotional Abela addresses parliament, Buttigieg calls for government consultation with journalists

Addressing parliament, Opposition MP Claudette Buttigieg slammed government for trying to erase Daphne Caruana Galizia’s memory. “Let me remind you that this is Daphne’s Law.”

She also slammed government’s lack of consultation with journalists when drawing up legislation, saying the fact Caruana Galizia was assassinated shows Malta is not a safe environment for journalists.

Addressing parliament, government MP Carmelo Abela said that while he respects “serious journalists’” work, those who tarnish people’s reputation must be punished.

An emotional Carmelo Abela said he felt the impact of lies against him when he saw what his family had to go through following allegations by Jason Azzopardi.  

Newly co-opted government MP Ramona Attard said she did not take up her parliamentary seat to have other situations like that of Carmelo Abela’s.

“I do not want to see journalists in prison, but when you have people who intentionally tarnish and attack people, I believe that the court should decide the penalty,” she said in reaction to the Opposition’s amendment.

IĠM ‘disgusted’ with government’s actions

Reacting to the vote, IĠM said it is disgusted with the government’s position on the amendments.

“Unfortunately, this evening Justice Minister Jonathan Attard and other government exponents were not interested to speak about stronger protection for journalists. On the contrary, government exponents were more interested in speaking on increasing libel damages,” it said.

“Government’s proposal this evening was to promise more consultation – a pledge it has been making since October 2023 when it promised to publish a White Paper on reforms proposed by the Committee of Experts that had been set up by the government.”

They said in its renewed commitment to hold public consultation, the government tonight gave no indication as to when the White Paper will be published.

“Government’s procrastination is no longer acceptable and it must proceed from empty words to facts. The aim of tonight’s amendments was to extend the protection from SLAPP cases to those that are instituted in Malta. The current Legal Notice affords protection only for cases instituted in foreign jurisdictions and are of a transnational nature,” it said. “With regret, the IĠM stresses that tonight’s sitting was a lost opportunity to strengthen the anti-SLAPP Legal Notice.”