Seven Maltese newsrooms have raised deep concerns following a magistrate’s decision to charge journalists with contempt of court over the publication of stories that are deemed to be of major public interest.
Illum, Lovin Malta, Malta Independent, MaltaToday, Newsbook, The Shift News and Times of Malta have united against the action instituted, especially after contempt of court charges against Times of Malta following a series of stories involving murder suspect Yorgen Fenech and senior officials.
“Criminalising stories is the very opposite of what Malta needs right now in these extraordinary times where institutions are finally taking action after five painful years,” the organisations said in a joint statement.
Magistrate Rachel Montebello last year ordered news organisations not to publish any stories originating from data extracted from the phone of Fenech, who is facing charges for the murder of journalist Daphne Caruana Galizia.
This order was intended to try to ensure that murder proceedings would not be unduly influenced. Since then, Times of Malta published a number of stories that the magistrate deemed to make “clear reference” to messages exchanged by Fenech. None of the stories were in any way connected with Caruana Galizia’s murder.
“They were all matters related to wrongdoing by public officials which merited timely action to be taken, confirming that the public had a right to know about them.”
The articles were responsibly tackled following intensive legal advice and a careful consideration of the public interest. Interpreting these stories as prejudicial to Fenech’s case means that any stories in which the businessman may be involved cannot be published, even if they are of timely public interest.
This is especially contentious since Fenech was a prominent businessman involved in various public interest deals and with close links to the entire political class.
Magistrate giving undue protection to public officials who abused their positions
“Journalists also do not have access to the cache of evidence in question, so it is impossible for us to verify whether a tip-off has emerged from this document or from other sources.
“This blanket ban is therefore highly problematic and severely impinges on the freedom of information of taxpaying citizens, who have a right to know if public officials are abusing their positions. It also undermines the freedom of expression of journalists.”
Meanwhile, Malta Today is also facing contempt of court proceedings over similar articles, and investigations are under way with regard to other publishers, meaning this is an issue affecting the press as a whole.
It is pertinent to note that recent criminal proceedings on financial crimes were instituted on the basis of reports obtained by the press and political figures, sometimes at great legal risk to sources, whistleblowers and journalists.
“It is also worrying that a magistrate presiding over the case of a journalist’s murder is choosing to err on the side of silencing the fourth estate while giving undue protection and comfort to public officials who abused their positions.
“The newsrooms would like to reaffirm our commitment towards pursuing truth and informing readers, despite the many risks and threats that are made to us on a daily basis.”