The draft legislation purported by government to strengthen media freedom fails to bring about the required change and to establish an enabling environment for free (or independent) journalism, the Media Reform Initiative has said.

The group is composed of Monique Agius, Joe Borg, Therese Comodini Cachia, Manuel Delia and Natalino Fenech. It said that "the draft legislation ignores international standards on press freedom, protection of journalists and the rights of the general public who are the real owners of the right of information."

"Worse still, Government decided to humiliate the committee it set up by disregarding the most important proposals of the same committee. It threw out of the window the most significant 13% of the proposals of this committee."

Government's proposals are strong in whitewash but weak in substance, the Media Reform Initiative said.

It outlined a few of the principles that the "so-called reform is disregarding."

"Government is boasting that it has given Constitutional recognition to freedom of the media and the role of the media as a public watchdog together with the right to exercise free journalism as fundamental elements of democracy. It adds that the State shall protect and promote freedom of the media, including by providing for the protection of journalists and of their sources."

"Although these words are uplifting, the government does not properly entrench these principles by recognising the full set of rights that establish a free press and the corresponding obligations of the State in Chapter IV of the Constitution. It places a slim declaration in Chapter II of the Constitution. Not only can the declaration be amended with a simple majority vote, but the declaration is not enforceable before a court of law. It does not give you or the press any claimable rights. Had the government really wanted to recognize journalism as the fourth pillar of democracy it would have placed these provisions in section 41 of the Constitution and adopted at least the recommendations of its own Committee."

The group said that the experts committee also advised that the entrenchment in article 41 of the Constitution of press freedom be strengthened. "It specifically sought an entrenchment which protects the press and journalists from interference by any public authority, the entrenchment of the protection of sources and any information that may identify sources, and the right of everyone to access independent journalism and pluralistic press. Government disregarded these legitimate proposals of its own Committee."

Disregarded: Right to seek information

The Government has gone to great lengths to leave out of its constitutional amendments the right to seek information as a basic component of the right to freedom of expression and freedom of information, the initiative said.

In this regard, "the government, besides ignoring the proposals of its own committee, has disregarded the recommendations of the OSCE's Representative on Freedom of the Media, and the recommendations of Article 19."

"The government refused to declare that public authorities have an obligation to provide access to information. This is a significant defect in the reform when one considers that currently there appears to be a government policy which favours non-disclosure of information held by public authorities rather than disclosure for transparency and accountability."

Disregarded: Duty of Government to promote enabling environment for journalism

The group said that the government has rejected its own committee's most important proposal for a declaration of principle recognising the state's obligation to promote the autonomy of the press and to provide an enabling environment to facilitate journalism.

"The government also rejected the committee's proposal to have a strengthened and powerful recognition of the right to freedom of expression. Although the committee had described the government's original proposal as 'devoid of substance', Government went ahead with its proposal."

"Government also disregarded the proposal of its own committee to adopt the wording which the Opposition had proposed in its private members bill and which the committee considered better safeguards the right to freedom of expression and which provides everyone, not just journalists, with a better constitutional protection. "

Disregarded:  Strong anti-SLAPP legislation

The group also said that the government's boasting that it is introducing effective anti-SLAPP measures "is not reflected in its proposed legislative draft, which instead provides for very weak, ambiguous and burdensome processes. It has disregarded  the recommendations made in the legal analysis published by the office of the OSCE Representative on Freedom of the Media and the recommendations of Article 19, an international media freedom organisation recognised for its expertise in the field. "

What government is proposing does not meet international minimum standards for protection of persons engaged in public participation from manifestly unfounded and abusive proceedings, the initiative writes. "The Government's proposals do not even reflect the minimum standards established in the proposed EU anti-SLAPP directive."

The proposed legal regime leaves journalists and persons  engaged in public participation open to threats from several countries as well as to threats in Maltese proceedings, it said. "The proposals place heavy evidential, financial and procedural burdens on defendants which can be prohibitive."

The above are just few of the basic principles that government has disregarded, the group said.

"We again strongly appeal to Government to accept the assistance offered by the international organisations which have undisputed expertise in this area. We also appeal to Government to initiate a process of public consultation. Malta deserves to seize this opportunity to enact a robust and comprehensive legal regime to bring about effective press freedom and an enabling environment for journalists and other media actors. "