Judge rejects Papaya attempt to gag Times of Malta
The information company claimed was confidential was already in public domain, court says
An e-money firm's attempt to stop Times of Malta from publishing information about the company was rejected by a court on Tuesday.
Judge Lawrence Mintoff ruled that, contrary to what Papaya Limited had argued when it sought a gag order, the information to be published by the newsroom is not confidential, and the court could not prevent journalists from conducting investigations and publishing stories in the public interest.
The court said it will not delve into issues of whether a journalistic investigation or report is based on privileged information or sources bound by confidentiality.
"The court should also not investigate whether the information was obtained by the journalist illegally, and should never grant a request for the issuance of a prohibitory injunction with the aim of stopping the journalist from continuing with their journalistic investigation," Mintoff said.
"In any case and in every eventuality, journalistic sources are always protected."
Last month, Papaya filed a court application for a prohibitory injunction against Allied Newspapers Ltd, Times of Malta and journalist Jacob Borg, after it received questions from Times of Malta.
The company went to court to block Times of Malta from publishing an article it said was related to confidential information in a Financial Intelligence Analysis Unit (FIAU) investigation.
Papaya argued that the publication would cause irreparable prejudice and that the findings were sub-judice and being contested as unfounded.
The court had initially granted a provisional injunction, and in its judgment on Tuesday noted that this was standard practice in such cases.
In its legal submissions, Times of Malta argued the injunction was tantamount to a gag order preventing journalists from publishing an article in the public interest. Should such injunctions become the norm, it would harm journalism in Malta and impact freedom of expression.
"Preventing a journalist from publishing a story is recognised in all democratic countries as illegal and a violation of the journalist’s fundamental right to freedom of expression – a main pillar of democracy," said the reply from Times of Malta's legal representative Paul Micallef Grimaud.
Court's decision
When it looked into the case, the court found that the information in question - the FIAU's 2023 'Compliance Review of Papaya Limited', along with an 'Administrative Measure Publication Notice' - was already in the public domain.
Papaya had itself presented a copy of the report in separate legal proceedings, without requesting that it be kept confidential. Moreover, the document was accessible to the public through the court registry and the eCourts system.
"A prohibitory injunction should not be issued if what the applicant is seeking to stop from happening has, in fact, already happened," the judge ruled.
Press freedom
Judge Mintoff also emphasised the essential role of the press in a democratic society, citing the European Court of Human Rights and past Maltese judgments.
He cited the 1979 case of The Sunday Times vs. The U.K., noting that the press "plays its vital role of public watchdog" and has the duty to "impart information and ideas on matters of public interest".
The decision also referenced a quote attributed to the first Duke of Wellington, Arthur Wellesly: "publish and be damned". The court stressed that its role in a summary procedure is not to determine if a journalistic investigation is based on privileged or confidential information.
The court concluded that Papaya’s request failed the prima facie test because the information was no longer confidential. It revoked its earlier provisional order and ordered Papaya Limited to pay the legal costs.
Alleged anti-money laundering law breaches by Papaya had already been reported on in the past and the firm is currently appealing a €279,000 fine from the FIAU for such breaches.
Times of Malta reported in 2023 how the fine came after one of Papaya’s directors was sanctioned by the United States over his links with Russia.
Times of Malta editor-in-chief Herman Grech welcomed the decision.
"Accepting Papaya's request would have had a chilling effect on journalism in Malta. It would be a dark day if journalists who dig too deep risk being dragged to court not for what they publish, but for what they might publish," he said.
PN MEP David Casa said Tuesday's court decision is a vital win for press freedom.