Rules that force teachers to get written permission before speaking to the media have had a "chilling effect" on educators, the education commissioner has found.
Commissioner Vincent Degaetano said the education ministry directives, issued in 2024 and clarified earlier this year, violated teachers' right to freedom of expression.
The commissioner found that the circular stopped teachers from expressing their personal opinions on the state education system, and consequently forced all educators to tow the government’s line.
He examined the policies of the directive, among which was a requirement that all educators who wished to discuss education-related topics in the media first get approval from their line manager.
The circular also stated that educators had to ensure that their comments reflected the policies, guidelines and objectives of the ministry.
During his inquiries, the commissioner heard from the ministry’s permanent secretary, who insisted that the circular in question merely reiterated the regulations related to the expected conduct of public officials.
But Degaetano disagreed and found there was also an element of "double speak" in the directive.
“While ostensibly harping upon the need for a healthy debate on education matters, it at the same time requires total conformity with official policy,” he said.
The "chilling effect" on educators was "palpable".
“When one considers that what is greatly lacking in our educational system is critical thinking, it beggars belief that anyone in the educational establishment should require that educators’ comments must ‘reflect the policies, guidelines and objectives’ of the ministry responsible for education.”
Degaetono referenced an updated circular published in March.
This circular stated that to ensure clarity and simplicity, public officers should familiarise themselves with procedures outlined in three separate directives and codes regulating political participation and the use of social media by all public sector employees.
In particular, section 5 of the directive regulating political participation and communications with the media appears to water down the need for educators to stick to government policy.
Section 5.2 simply states that public officers on scales 6 and lower - which includes educators - are allowed to engage in public comment in a personal capacity.
In the commissioner’s view, this did not expressly revoke or withdraw the previous directive.
“This in effect casts a blanket prohibition on all teachers and educators, whatever their scale in the public service, from commenting on anything that has to do with teaching and education, including the education of the children entrusted to their care.
Degaetano recommended that the ministry issue proper guidelines that ensure teachers and educators can express their opinions about work matters without fear of disciplinary proceedings or other negative repercussions.
He delivered the ruling following a report by shadow education minister and teacher Justin Schembri.
The Nationalist Party welcomed the commissioner’s decision, saying that it believed teachers and educators must be free to express their ideas in public.
Earlier this month a teacher described how he had to get approval from five different people before he could ask the Education Minister a question during the programe Il-Kazin fuq Tokis.
In March, Education Minister Clifton Grima had insisted he had no issue with teachers publicly expressing their views on specific education policies after a government school teacher said she was told off by her headmaster for doing just that.
In February, maths teacher Joanna Mallia claimed she was reprimanded by her headmaster after she publicly spoke out against a new Secondary Education Certificate (SEC) system that introduced constant assessments.