Ombudsman refers 'unlawful' teachers' free speech directive to Parliament
Education Ministry fails to implement recommendations for new guidelines as Commissioner upholds educators' complaints
The Commissioner for Education has referred the issue of teachers’ freedom of speech to Parliament after the Education Ministry failed to implement his recommendations and the Prime Minister took no action.
In a report published on Friday by the Office of the Ombudsman, Education Commissioner Vincent De Gaetano upheld two complaints filed by educators against a controversial directive that restricts their right to speak publicly, ruling that it breaches fundamental rights.
The Commissioner investigated complaints by Graham Sansone, Executive Head of the Union of Professional Educators (UPE), and by an unnamed Member of Parliament who is also a teacher.
The Ombudsman confirmed that Directive DG DES 28/2024, issued by the Ministry for Education last year, “unlawfully restricts” educators from making public statements or media appearances without prior approval and “forces them to reflect ministry policy”. The directive applies to both public and independent educational institutions.
“While the directive claimed to encourage public debate, it simultaneously imposed conditions that restricted personal opinion and discouraged critical engagement,” the Commissioner said, calling it a form of “doublespeak”.
He added that requiring prior approval from line managers and the Director General introduced “another layer of administrative control which could have a chilling effect on educators’ willingness to speak publicly”.
Last month the Commissioner had ruled that the restriction violated freedom of speech and "cannot, by any stretch of the imagination, be considered to be reasonably necessary in a modern democratic society."
Education Minister Clifton Grima had insisted he had no issue with teachers publicly expressing their views on specific education policies.
The Commissioner recommended that the ministry issue revised guidelines to ensure that teachers and educators, particularly those not in managerial roles, are “free to express personal views on their work and the educational system without fear of disciplinary action”.
The Education Ministry rejected both complaints. It argued that the UPE lacked standing to address collective issues, as only the majority union is recognised for that purpose. In the case of the MP’s complaint, the ministry cited the Public Service Management Code but did not address the Commissioner’s core findings.
The Ombudsman and Commissioner referred the matter to the Prime Minister, but no action was taken. The reports were subsequently tabled in Parliament.