Aditus, Repubblika, and The Daphne Caruana Galizia Foundation have joined the Institute of Maltese Journalists (IĠM) in criticism of the government’s recent transposition of the EU anti-SLAPP Directive, known as Daphne’s Law.

In a letter to Prime Minister Robert Abela and Justice Minister Jonathan Attard on Friday, the organisations expressed disappointment that the law, enacted by Legal Notice, falls short of providing comprehensive protection against abusive litigation.

They stressed that while the directive’s enactment was a positive step, it was limited to cross-border SLAPP cases, leaving domestic cases unprotected.

The Shift has faced over 40 legal challenges by the government, which amounts to SLAPP, that risked shutting down the news portal. For this reason, Malta was named ‘SLAPP Country of the Year’ in a report by CASE.

This gap is significant given Malta’s high incidence of SLAPPs, with eight cases per 100,000 people in 2021, rising to 19.93 per 100,000 in 2023.

The organisations criticised the repurposing of directive elements that could confuse the preconditions for early dismissal of SLAPPs and the capping of maximum penalties at €10,000, which they deemed insufficient to deter wealthy plaintiffs.

Additionally, the groups noted the lack of measures to raise awareness or support for those targeted by SLAPPs, as recommended by the European Commission and the Council of Ministers.

They urged the government to address these shortcomings in the forthcoming White Paper on media reform, saying Malta has the opportunity to set a positive example for other EU countries.

The IĠM, while welcoming the government’s implementation of the anti-SLAPP directive, also said it was only a part of the broader reforms needed to protect journalists. It criticised the delay in launching a White Paper on media reform laws, a promise made nine months ago.

“Nine months after the government promised a White Paper for public consultation on media reforms proposed by the Expert Committee last year, this has not yet materialised,” the IĠM stated.

IĠM reiterated calls for constitutional reforms, changes in defamation law, amendments to the Criminal Code, and improvements to the Freedom of Information Act to create a more transparent and secure environment for journalists.

The journalists’ association insisted the White Paper be published promptly to enable public consultation on these reforms.

Both the IĠM and the NGOs stressed the importance of comprehensive reform to create a safe and transparent environment for journalism in Malta, calling on the government to fulfil its promise of delivering the much-needed reforms without further delay.