Malta’s freedom of information criticised for secrecy, delays

Malta’s framework for access to public information faces mounting criticism amid what observers describe as systemic legal barriers, chronic delays, and a culture of secrecy within government institutions.

A new report from Media Freedom Rapid Response, managed by the European Centre for Press and Media Freedom (ECPMF), highlights significant concerns over how Maltese authorities handle Freedom of Information (FOI) requests.

Although the country’s Constitution guarantees freedom of expression and access to information, civil society groups, academics, and European institutions have all raised alarm over what they see as weak protections and evasive practices.

The Mapping Media Freedom project documented four major FOI disputes in Malta, “three of which were pursued by the investigative outlet The Shift News”.

“The newsroom sought disclosure of contracts awarded to media owner and government consultant Saviour Balzan, filing nearly 30 requests across different authorities,” the report adds.

Although the Information and Data Protection Commissioner (IDPC) ordered the release of the documents, each authority appealed the ruling, triggering almost two years of litigation.

More recently, in May 2025, Times of Malta reported that the Prime Minister’s Office blocked FOI requests concerning income and asset declarations of cabinet members, citing “secrecy rules.”

That same month, The Shift News reported that Prime Minister Abela had instructed all ministers and parliamentary assistants to stop responding to freedom of information requests on contracts with current advisors and consultants.

Malta introduced its FOI Act in 2008 by a PN administration, but the law has long been criticised for broad exemptions and administrative hurdles.

Although the Act stipulates a response within 20 working days, authorities frequently invoke extensions, often only to reject requests once the deadlines expire.

Appeal mechanisms, meanwhile, are described as ineffective. Initial complaints are typically reviewed by the same official who issued the original rejection, raising doubts about impartiality.

Formal appeals through the IDPC and the Data Protection Appeals Tribunal can drag on for years, and while the state uses public funds to sustain legal battles, journalists and NGOs must bear their own expenses.

Watchdogs note that FOI guarantees remain weak in practice. The 2024 Media Pluralism Monitor categorised the right to information in Malta as “high-risk,” citing slow reforms, chronic delays, and what it called “a general tendency of the government to sideline and ignore critical media.”

In September 2023, the Council of Europe’s Human Rights Commissioner urged Prime Minister Robert Abela to address “continuing instances of denial of access to information,” pointing to what she described as “a pattern of unwarranted secrecy within state institutions.”

The Global Right to Information Rating currently ranks Malta 83rd out of 140 nations, citing privacy concerns and legal carve-outs that undermine transparency.

In one landmark case, the NGO Access Info successfully challenged a residency requirement that had barred non-Maltese citizens from submitting requests. A 2022 decision by the Court of Appeals extended access to all EU citizens, striking down the restrictive clause.

The Daphne Caruana Galizia Foundation has joined other civil society groups in warning that Malta’s FOI regime undermines public accountability and press freedom. Critics argue that the system’s design – combined with a culture of institutional secrecy – risks eroding public trust in government.

As the MFRR report makes clear, Malta’s journalists face a dual challenge: overcoming restrictive legislation and countering a political climate increasingly resistant to transparency.