Malta missed an opportunity to provide comprehensive anti-SLAPP protection to journalists and set an example for other nations when it limited protection to cross-border SLAPPs, a Council of Europe report noted.

The report was compiled by the council’s platform to promote the protection of journalism and the safety of journalists. It looked into press freedom across Europe and recommended that the council – made of representatives of each EU state - promotes effective implementation of the anti-SLAPP recommendation and the “aligning domestic laws in member states”.

The annual report, titled Europe Press Freedom Report: Confronting Political Pressure, Disinformation, and the Erosion of Media Independence, was launched on Wednesday.

The report was written by the platform’s partner organisations - a coalition of 15 press freedom NGOs and journalists' associations.

Based on the alerts published by the platform in 2024, the report took stock of key areas of law, policy and practices affecting media freedom and safety of journalists in Europe and identified actions required to improve the effective protection of journalists.

Malta was mentioned in two instances.

The first centred around the anti-SLAPP laws.

Lacking local protection from SLAPP

SLAPPs (strategic lawsuits against public participation) are court proceedings intended to harass and intimidate people involved in protecting the public interest, such as journalists.

In November, the government introduced anti-SLAPP legislation via legal notice soon after the introduction of a European Union directive. However, critics said the legislation was not strong enough and limited its provisions to cases instituted in foreign courts and concerning transnational issues.

SLAPP cases instituted in Malta were not covered.

In January this year, government MPs shot down the Opposition's proposals to amend Malta's anti-SLAPP legislation. The PN proposed extending provisions to apply to domestic cases and increasing penalties a court can impose on anyone who initiates a vexatious SLAPP suit.

Currently, fines are capped at €10,000.

Justice Minister Jonathan Attard said the Opposition's proposals would "protect compulsive liars" 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. 

Reacting, the Institute of Journalists said it was "disgusted" with the government's position.

Journalist Daphne Caruana Galizia, who was killed in 2017, was the subject of multiple such lawsuits. The current law would not have protected her.

Justice delayed

The second issue in which Malta was mentioned centred around delays in the court proceedings to bring Caruana Galizia's murderers to justice. Her murder was listed under the section titled Impunity: justice delayed is justice denied.

One man - Vincent Muscat, known as il-il-Koħħu, was so far sentenced to 15 years in jail after admitting to his involvement. 

Two others - brothers Alfred and George Degiorgio - are also serving sentences of 40 years each after switching their not guilty pleas to an admission at the eleventh hour. 

Cases against Jamie Vella and Maksar brothers Adrian and Robert Agius, as well as another against businessman Yorgen Fenech, are awaiting trial. 

Council of Europe Member States

The report also made recommendations to all member states:

• Develop and implement national action plans for journalists’ safety; establish rapid response mechanisms against threats.
• Establish specialised units within law enforcement and judiciary to prioritise cases involving attacks on journalists.
• Align national defamation laws with the caselaw of the European Court of Human Rights, remove increased protection against defamation for public figures, end excessive penalties and custodial sentences for journalists, and make civil legal aid available to defendants.
• Ensure robust legal protections for public service media, guaranteeing their editorial independence and stable funding, shielded from political influence and interference, to enable them to serve the public interest effectively and impartially.
• Counter online harassment by appropriate mechanisms and practical measures and support digital safety training for journalists.
• Strengthen protections for journalists in exile, including safeguards against the misuse of Interpol ‘red notices’ and expedite ‘safe refuge’ and asylum processes.

Correction: A previous version did not note that the Degiorgio brothers have also been sentenced to jail in connection with the murder of Daphne Caruana Galizia. A previous version also incorrectly stated that the Daphne Caruana Galizia Foundation was among the authors of the report.