The Malta Information Technology Law Association (MITLA) is following a discussion in relation to SLAPP (Strategic Lawsuits against Public Participation) and notes the Private Member’s Bill presented to Parliament by the Nationalist Party.
In a press release issued this evening, MITLA said that a “Maltese solution” to protecting against SLAPP and Libel Tourism is needed and also legally possible. It went on to say however that such protection “requires a reassessment of our fundamental right to freedom of expression in today’s digital world”.
The issue of SLAPP lawsuits on the local scene emerged after two entities have seriously threatened local newsrooms and journalists to file lawsuits in foreign jurisdictions such as the UK and the USA where punitive damages are provided for as remedy by their respective laws.
“A Maltese solution should recognise that freedom of speech is a fundamental human right enshrined in Article 41 of the Constitution of Malta and other applicable international treaties and conventions, and the protection of such right is necessary both offline and online.
“The obstruction or interference on the rights of journalists and persons habitually working in this field, through the filing (or threat of filing) of foreign defamation lawsuits has a chilling effect on the right to freedom of expression and attacks the right of the Maltese public to receive information on matters of public importance.
“This right is itself enshrined in Article 19 of the Universal Declaration of Human Rights and Article 10 of the European Convention of Human Rights, amongst others.”
It went on to say that the foreign defamation lawsuits risk suppressing fundamental rights, “especially where the cause of the action on which the foreign judgment is based is repugnant to the public policy of Malta”.
“MITLA believes that SLAPP is a matter of public concern and therefore should be a matter of Maltese public policy.”
MITLA notes that there are no harmonised laws, at a European, US Federal or international level regarding SLAPP and that the situation in the US is still very fragmented on this front.
“Any anti-SLAPP legislative intervention must ensure that the rights of both parties in a defamation suit have to be respected and protected. On the one hand, protecting citizens from improper intimidation, and on the other, safeguarding the right of access to the courts.”
MITLA backs up its statements in the full version of its press release by citing legal cases which can be found here: https://www.mitla.org.mt/blog/2018/02/02/legal-solution-slapp-press-release-2-2-2018/