Malta Transposes EU Anti-SLAPP Directive - Aims to Protect Public Participation and Media Freedom

Minister for Justice and Reform of the Construction Sector, Jonathan Attard, announced on Wednesday the publication of an order transposing the EU Directive on protecting persons who engage in public participation from unfounded or abusive court proceedings. This directive, commonly referred to as the anti-SLAPP directive, has been incorporated under the European Union Act, Chapter 460.

Strategic Lawsuits Against Public Participation (SLAPP) are legal actions initiated by individuals or entities to intimidate and silence critics through burdensome legal processes. The newly transposed directive aims to safeguard public participation by introducing several key remedies and safeguards. These provisions apply to civil or commercial matters with cross-border implications, including interim and precautionary measures and counterclaims.

Key Safeguards and Remedies

1. Security for Costs: Courts may require plaintiffs to provide security for the estimated costs of the proceedings, discouraging frivolous claims.

The directive specifically targets court proceedings that do not genuinely seek to assert or exercise a right but rather aim to prevent, restrict, or penalize public participation, often exploiting an imbalance of power between the parties.

Legal Aid and Further Steps

The order ensures that any person facing such proceedings is eligible for legal aid as provided in the Code of Organisation and Civil Procedure. Minister Attard emphasized the Maltese government's active role in the discussions leading to the directive and its commitment to maintaining the ambition of the Commission’s proposal during negotiations.

Malta is the first EU member state to transpose the anti-SLAPP directive, marking a significant step in protecting media freedom and public discourse. Moving forward, the government will launch a public consultation on the Media Expert Committee's report, aiming to further strengthen the legal framework supporting media freedom and journalism.

Impact of the Anti-SLAPP Directive on Media

The transposition of the EU anti-SLAPP directive into Maltese law is poised to have a significant impact on media freedom and journalism. Here’s how:

1. Protection Against Abusive Lawsuits

Enhanced Legal Safeguards: The directive introduces mechanisms to protect journalists and media organizations from Strategic Lawsuits Against Public Participation (SLAPPs). By requiring plaintiffs to provide security for costs and allowing for early dismissal of manifestly unfounded claims, the directive helps prevent media entities from being burdened with expensive and protracted legal battles designed to stifle their reporting.

Financial Relief: If a court deems a lawsuit abusive, it can order the plaintiff to cover the defendant’s legal costs. This reduces the financial risk for media organizations that are targeted by SLAPPs, ensuring that they are not dissuaded from reporting on matters of public interest due to the fear of exorbitant legal costs.

Dissuasion of Frivolous Claims: The imposition of penalties on plaintiffs who engage in abusive litigation serves as a deterrent against filing SLAPPs. This is crucial for media professionals who often face litigation as a tactic to suppress critical reporting or investigative journalism.

2. Encouragement of Public Discourse

Support for Investigative Journalism: By mitigating the threat of SLAPPs, the directive creates a more secure environment for investigative journalism. Journalists can pursue stories on controversial issues or powerful entities without the constant fear of legal repercussions aimed at silencing them.

Freedom to Report: The directive reinforces the ability of media to report freely on matters of public interest. The legal protections ensure that media outlets can cover sensitive topics, such as corruption or human rights abuses, without being intimidated by unwarranted legal threats.

3. Legal Aid and Accessibility

Legal Aid Provisions: The order ensures that individuals facing SLAPPs, including journalists, are eligible for legal aid. This provision helps ensure that media professionals have access to necessary legal support, regardless of their financial resources, which is essential for maintaining a robust and independent press.

Public Consultation: The upcoming public consultation on the Media Expert Committee's report is expected to further enhance protections for media freedom. The consultation will likely address additional measures to support and strengthen journalism, ensuring that Malta’s legal framework remains supportive of media activities.

Conclusion

The transposition of the anti-SLAPP directive represents a pivotal move by Malta to safeguard public participation and protect critics from abusive legal actions. With the introduction of these comprehensive safeguards and remedies, the directive sets a robust framework to uphold free speech and critical reporting against undue suppression.

The implementation of the anti-SLAPP directive in Malta represents a significant advancement in protecting media freedom. By addressing the financial and procedural challenges associated with abusive lawsuits, the directive provides a stronger shield for journalists and media organizations. This protection not only ensures that media professionals can continue their critical work but also reinforces the broader democratic value of free and open public discourse.