The Malta Independent 26 April 2024, Friday
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‘We insist that all institutions of the State act within the limits of the law’ - Repubblika

Saturday, 24 November 2018, 13:50 Last update: about 6 years ago

The newly formed civil society group Repubblika has extended its solidarity to The Shift News in light of the ruling delivered against it by Parliament's Speaker earlier this week, insisting that all State institutions must act within the limits of the law.

Repubblika considers that the ruling of the Speaker of the House of Representatives directly curtails, without due process, the freedom of expression that should be enjoyed by journalists.

"The unilateral censorship of free press by an institution is a curtailment of the right to know of all citizens. Repubblika is concerned with the Speaker's position that does not appear to take into account the considerations raised by Demicoli vs Malta. In the context of the House of Representatives, a ruling of this nature is grossly inadequate in satisfying the requirements of a fair trial under Article 6 of the European Convention on Human Rights. The news website was neither notified of the submission made by MP Glenn Bedingfield, nor was it given any opportunity to make submissions at any point during the proceedings. That the ruling does not specify the prescribed course of action further points to serious shortcomings in the Speaker's verdict."

"The news website also referred to the fact that the Speaker's ruling effectively ignored evidence that showed that MP Glenn Bedingfield also made his remarks outside the House. The commentary published by The Shift News on Sunday is, as we understand it, fair comment and is protected by the European Court of Human Rights. Such comment is not only necessary but also desirable in a free and open society."

"We insist that all institutions of the State act within the limits of the law, particularly the Constitutions and the fundamental rights charter to which Malta is signatory. And we insist that the free press is allowed to function without any further intimidatory measures perpetrated by the State in order to curtail free speech."

 


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