The police have confirmed to this newspaper that among the 89 requests made by them to social media network Facebook for user information over the first half of the year were six related to violations of the General Elections Act.

This week, Facebook published its first ‘Global Government Requests Report’, which provides data on which governments – and to what extent – requested information from Facebook about its users.

The report shows that when the number of requests made by countries around the world is broken down into requests per million Facebook users, Malta has the largest proportion, followed by Germany and Italy. Facebook said that the Maltese authorities had made 89 requests for data on 97 users and/or accounts. It said it had been legally obliged to provide “at least some data” in 60 per cent of the requests made by the Maltese authorities.

From the breakdown of the individual data requests to Facebook filed by the Maltese police – provided by the police force itself – it transpires that six of the requests related to investigations being carried out for “offences regarding the General Election Act”.

These offences undoubtedly relate to breaches of the so-called day of silence on the day prior to the 9 March election. Back in March, the police questioned a number of candidates and pundits who uploaded political comments on the social network, breaching the law that stipulates that no campaigning can take place on the day preceding the election.

First Daphne Caruana Galizia was called in for questioning on the eve of the election for posting election-related articles on her personal blog, after which Nationalist activists began reporting Labour activists who had done the same on Facebook. 

Among those questioned were Labour candidates Nikita Zammit Alamango and Deborah Schembri. Labour MEP Joseph Cuschieri has also been called in by the police.

The law under article 114 of the General Elections Act prevents the publication of “any matter intended or likely to influence voters” in newspapers, printed matter or other means of communication to the public, which included social networks like Facebook.

It carries a maximum fine of €1,164 and/or a prison term of up to six months.

According to data provided by the police to The Malta Independent on Sunday, other requests cover a vast array of criminal investigations, ranging from child and adult pornography, and even investigations into the “promotion of an event not covered by a police permit”.

The majority of requests made by the police arte in relation to criminal investigations of “insults and threats” or “harassment/defamation”. A total of 35 such requests were made during the first six months of this year.

Another 33 request made to Facebook for users’ data were to aid criminal investigations of computer misuse.

Three further requests were made for fraud investigations, two for defilement of a minor, two for perjury, one for adult pornography, one for child pornography, one for investigations of a missing person, one for investigations into a suicide and one for promotion of an event not covered by a police permit.

 

Charts and tables

 

Month by month breakdown of requests

Month (2013)

Jan

Feb

Mar

Apr

May

Jun

TOTAL

Requests sent to Facebook

14

8

17

15

22

13

89

 

Type of Criminal Investigation

No of Requests

Adult Pornography

1

Child Pornography

1

Computer Misuse

33

Defilement of Minor

2

Fraud

3

Offences re: General Elections Act

6

Insults & Threats/Harassment/ Defamation

35

Missing Person

1

Perjury

2

Suicide

1

Promotion of Event not covered by a Police Permit

1

Theft

3

TOTAL

89