The European Union is about to do what a sitting cabinet minister had said was not possible. And it is mainly thanks mainly to assassinated journalist Daphne Caruana Galizia and also the S&D Group within the European Parliament.
A provisional political agreement has been reached between the European Parliament and the European Council, that is, the heads of government, on rules to protect journalists, human rights defenders and civil society organisations against SLAPP lawsuits (strategic lawsuits against public participation).
The deal has been dubbed ‘Daphne’s Law’ as it follows a call by civil society following Caruana Galizia’s murder. She was facing 40 court cases when she was killed, including one in Arizona in which the now-defunct Pilatus Bank was claiming $40 million in damages.
Such abusive lawsuits, by powerful lobby groups, corporations or even politicians, are not mainly intended to seek redress, as usually happens in genuine libel cases. Their main purpose is to seek revenge and, ultimately, bring defendants to their knees financially.
This latest development – although the final text being drafted by the European Commission had not yet been released – crowns a years-long fight against SLAPPs, even in Malta.
In 2018, the Nationalist opposition had moved amendments in a parliamentary committee aimed at protecting journalists from SLAPP lawsuits. But the Labour MPs on the committee voted against after then justice minister Owen Bonnici – who has been found guilty of human rights violations by the Maltese court – argued that the provisions proposed violated EU rules.
This stand by the Labour Party in power contrasts sharply with that adopted by the S&D Group it forms part of. S&D welcomed this latest move as “a major victory for our democracies”, noting it had long been raising the alarm on the growth of the SLAPP phenomenon. Indeed, the rapporteur for the new directive and a preceding report comes from the S&D Group.
Still, it would be wrong to sit on one’s laurels. The European Council has already tried to dilute what the European Commission was proposing. It should also be borne in mind that, at present, none of the member states has specific safeguards against such proceedings and only a few are considering introducing them. Furthermore, there are no EU-wide rules that address SLAPPs.
Vigilance is, therefore, imperative to ensure that what is on paper at this point in time is not watered down in any way. The European Federation of Journalists (EFJ), the largest organisation of journalists in Europe, of which the Institute of Maltese Journalists is an affiliate member, is among those keeping a close eye on things.
On the home front, one can only hope the government uses all its influence and enhances lobbying efforts both within the European Council and the European Commission to bring this piece of much-needed legislation to fruition soonest.
Still, journalists and all those who would benefit from the anti-SLAPP directive should not hold their breath. Even after being held responsible for Caruana Galizia’s murder, the Labour government can only pay lip service to effective freedom of expression, which includes the right to access and disseminate information.
Specific recommendations made by the Caruana Galizia public inquiry remain only on paper, the Freedom of Information Act is often respected in its breach and investigative journalists are derided.
The Labour government has yet to redeem itself. Here is a golden opportunity.