Updated 8pm with IĠM reaction, Robert Abela comments on video

Government MPs shot down all of the Opposition's proposals to amend Malta's anti-SLAPP laws on Wednesday.

The amendments sought to extend anti-SLAPP provisions to apply to domestic cases and increase penalties a court can impose on anyone who initiates a vexatious SLAPP suit.  Currently, fines are capped at €10,000. 

Anti-SLAPP provisions seek to protect journalists, media outlets, blogs and other publications from aggravating and costly lawsuits intended to frighten reporters into silence. 

Daphne Caruana Galizia, who was killed in 2017, was the subject of multiple such lawsuits.

The Institute of Journalists meanwhile said it was "disgusted" with the government's position.

In November, the government introduced Anti-SLAPP legislation via legal notice soon after the introduction of a European Union directive.

However, critics say the current legislation is not strong enough and limits its provisions to cases instituted in foreign courts and concerning transnational issues. 

That would mean that European directive and subsequent Maltese legislation known as "Daphne's law", would not have applied to the many SLAPP suits, filed against Caruana Galizia. 

During Wednesday's parliamentary sitting, justice shadow minister Karol Aquilina filed a motion to amend the current law. 

The PN proposals would have allowed anti-Slapp legislation to take effect on issues that are domestic in nature as well as international.

Those who initiated a Slapp suit would not be able to request that their names be taken off the online register.   They also proposed increasing the penalties a court can impose on anyone who initiates a vexatious SLAPP suit to between €10,000 and €100,000. 

Currently, fines are capped at €10,000.

The Institute of Maltese Journalists backed the PN proposals, urging MPs to back Opposition amendments to Malta’s anti-SLAPP laws.

The government's amendments removed all those proposals. 

They instead amended the motion to say that a "Labour Government" was the first in the EU to implement the directive. 

It also calls upon the government to "consider the perspectives of individuals who have fallen victim to those who abuse freedom of expression, as well as those who speak about the inadequacy of legal remedies currently provided by our laws".

Several PL figures, including newly appointed MP Ramona Attard, have called for more stringent penalties for those found guilty of libel. 

Speaking in parliament, justice minister Jonathan Attard said the opposition's proposals would "protect compulsive liars" like Jason Azzopardi and create a disproportionate legal situation. 

Under the PN's proposals, Attard said, someone who sued an individual for libel can receive up to around €11,460 in damages but risk a €100,000 fine. 

"These proposals are a means to protect those who abuse their right to free expression," he said. 

"We have enough legal tools that are being abused," he said.

"These amendments would protect a compulsive liar like Jason Azzopardi," he said. 

Attard said that the government was also proposing legislation to promote the journalistic profession, including a bill that would make attacking a journalist an aggravated offence.

 IĠM 'disgusted'

Reacting to the vote on Wednesday, IĠM said it was "disgusted" with the government’s position through which it opposed the Opposition's motion intended to strengthen the anti-SLAPP legal notice introduced last year.

"Unfortunately, this evening Justice Minister Jonathan Attard and other government exponents were not interested in speaking about stronger protection for journalists," IĠM, whose officials were present for the sitting, said in a statement.

"On the contrary, government exponents were more interested in speaking on increasing libel damages."

The journalists' institute said the government’s proposal on Wednesday 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.

"Unfortunately, in its renewed commitment to hold public consultation, the government tonight did not indicate as to when the White Paper will be published.

"The government’s procrastination is no longer acceptable and it must proceed from empty words to facts."

The aim of Wednesday's amendments was to extend the protection from SLAPP cases to those instituted in Malta,  IĠM noted. The current legal notice affords protection only for cases instituted in foreign jurisdictions and is of a transnational nature.

"The amendments also proposed higher dissuasive penalties that the court can impose on people who institute SLAPP cases. With regret, the IĠM stresses that tonight’s sitting was a lost opportunity to strengthen the anti-SLAPP legal notice."

Robert Abela defends government's position

 In comments to Times of Malta just before the vote, prime minister Robert Abela defended the government's position, saying the PL had introduced legislation that protected journalists.

"The proposal was originally the government's. Let's not forget that several months ago, while the committee of experts was still meeting, we tabled some five or six legal amendments that would have afforded better protection for journalists.

"We wanted to be the first EU member state to have our own legislation before the directive came into place. However, there was the usual resistance from all fronts... asking for more consultation among others."

Abela claimed there were those who tried to hinder the legislative process and the government should have - back then - proceeded with its plans. Had the process not been delayed back then, Malta would have had the best legislation that favoured journalists.

Asked when the government planned on implementing the promised legislative amendments, Abela did not provide a date.