The Malta Independent 16 May 2024, Thursday
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Editorial - Day of Silence: Medieval law that has no place in 2017 Malta

Friday, 2 June 2017, 12:31 Last update: about 8 years ago

There are no political stories in this newspaper today, not by our own choice but because an outdated and archaic law precludes us from publishing anything which may have an effect on voters and their voting intentions.

It is called the ‘Day of Silence’ or ‘Day of reflection’ but, in essence, there are two days of media blackout, not one. According to the law we cannot publish any political stories on the day before the election and on the day when voting takes place, Saturday.

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The following is article 114 of Malta’s electoral law: “During the day on which an election of Members of the House is held and during the day immediately preceding such an election, no person shall address any public meeting or any other gathering whatsoever in any place or building accessible to the public, or on the broadcasting media, on any matter intended or likely to influence voters in the exercise of the franchise, or publish or cause to be published any newspaper, printed matter or other means of communication to the public containing any matter aforesaid, or issue or cause to be issued any statement or declaration on any matter aforesaid or knowingly distribute any newspaper, printed matter, or other means of communication, or any statement or declaration as aforesaid, and any person acting in contravention of any of the provisions of this article shall be liable on conviction to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.”

The rules are there mainly for politicians – signaling an end to the political campaign and allowing voters, after weeks of aggressive political campaigning, to take stock of the situation, weigh their options and make a decision.

However, the law also covers the media and restricts newspapers, TV and radio stations and web portals and what they can publish during the 48 hours preceding the election.

While it is understandable that the media should not hold any political discussion programmes and should not broadcast any political spots during these two days, the rules also preclude us with reporting on any ongoing developments, if these are related to politics in general.

The law practically says that, should one of the political leaders discover some groundbreaking information tomorrow morning, they are not allowed to reveal it. Not that it would matter, for the media is also barred from reporting any of it.

This is the biggest fault we find with this law. As a news organization we believe in keeping people abreast of the situation in the country, allowing them to make a rational and informed decision.

Time does not stop during these 48 hours, and neither should the reporting of facts. In the past there have been serious incidents or important developments during the two days preceding the election but the media was not allowed to report on them because it was not allowed by law – because editors are threatened with a fine and, possibly, some jail time as well. The fact is that, should important information come to light in the hours before voting starts, people have a right to know.

Such information would inevitably go public on the social media, which shows, once again, how flawed this law is. And while there are still many question marks as to how a law that was drafted in times when newspapers were the only means of news dissemination applies to today’s digital world, the system can be abused. As an example, political parties can upload stories on their media at 23.59 on Thursday and leave them there for the duration of the weekend, robbing their opponent a fair chance of replying to clear their name.

Another fault in the law is that there is no day of reflection for those who voted last Saturday and for hospital patients, who voted yesterday. This is not to mention the fact that political billboards will remain in place over the weekend.

This silence day law is effectively a ban on the media, North Korea style, and has no place in a country often described as modern, progressive and liberal.

 

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