The Maltese authorities must ensure that legislative work launched pursuant to the public inquiry report into the assassination of Daphne Caruana Galizia complies with international standards and is fully open to public scrutiny and participation, the Council of Europe's Commissioner for Human Rights, Dunja Mijatović, has said.

She published an exchange of letters with the Prime Minister of Malta, Robert Abela, which occurred before her press statement was issued.

"The recent publication by the government of its legislative proposals concerning the media sector and certain restrictions on the use of SLAPPs is a step in the right direction," she said. "It is now crucial to secure a broad public consultation to include the views of civil society and of the journalism community in this legislative process. The Maltese authorities should seize this opportunity to adopt comprehensive legislation affording extensive protection to journalists", she added.

The Commissioner also reiterated the utmost importance of stepping up investigative efforts to identify and bring to justice all those responsible for Daphne Caruana Galizia's assassination and stressed that this is also necessary to uphold the rule of law and Malta's human rights obligations with respect to freedom of expression, which includes media freedom.

Expressing concerns about the continued difficulties that journalists face in accessing information of public interest and the use of SLAPPs by state agencies in response to freedom of information requests, the Commissioner recommends that the authorities "avoid taking measures that may impinge on media freedom and the public's right to know".

Lastly, recalling the need to ensure accountability and transparency at all stages of the reform process, the Commissioner urges the government to set out a plan with defined objectives and timings to implement the recommendations of the public inquiry report and communicate it clearly to the public.

She published the letters that were exchanged.

In her letter dated 23 September, she told Prime Minister Robert Abela that it is of utmost importance that the Maltese authorities step up investigative efforts to identify and bring to justice all those responsible for Daphne Caruana Galizia's assassination, including those who masterminded it.

She said she was informed that "the committee of experts tasked to provide advice on changes to the media sector in Malta has already presented its feedback on several draft laws proposed by your government and that legislative work aimed at curbing the use of strategic lawsuits against public participation (SLAPPs) is ongoing. However, I am concerned at reports indicating that while the committee includes some representatives of the media sector, it has not reached out to civil society or the broader journalism community, and that its working process lacks transparency. In connection to this, it is my understanding that several defamation cases continue against Daphne Caruana Galizia's family, despite numerous calls that I and other international actors have made over the years to end such vexatious lawsuits."

"Another issue of concern is the continued difficulties that journalists face in accessing information of public interest and the use of SLAPPs in response to freedom of information requests. I learned that forty governmental entities have recently lodged a series of appeals against decisions made by the Data Protection Commissioner in favour of freedom of information requests made by "The Shift News". Although the judicial process is still ongoing, the appeals already send a chilling message to media actors and the Maltese people at large that the government is ready to vigorously counter efforts to place official information under public scrutiny. Therefore, I reiterate my recommendation to avoid taking measures that may impinge on media freedom and the public's right to know. Instead, I call on you and all Maltese authorities to ensure that journalists and the public have access to accurate and timely information and that exceptions to the rule of public disclosure are interpreted and applied narrowly."

She said it is crucial that the government set out a plan with defined objectives and timings to implement the recommendations of the public inquiry report and communicate it clearly to the public. "As I stressed before, to ensure the success of this vital task, it is necessary to comply with international standards, effectively engage civil society in the reform process and ensure accountability and transparency at all stages."

In his reply dated 4 October, Prime Minister Robert Abela provided her with a brief update regarding the investigations into Daphne Caruana Galizia's assassination, including about the indictment of the alleged mastermind.

Abela said that following the publication of the Public Inquiry's report into the assassination of journalist Daphne Caruana Galizia in July 2021, "government undertook broad and inclusive consultations to ensure a swift and timely implementation of the public inquiry recommendations. Since your visit to Malta last October, I personally held meetings with several key stakeholders, including the family of the late Ms Daphne Caruana Galizia and their legal representatives, the institute of Maltese Journalists and members of international organisations, including Article 19. Government also made sure that the Organization for Security and Co-operation in Europe's (OSCE) representative on Freedom of the Media, the European Commission, the LIBE committee in the EU Parliament, the Rule of Law and Fundamental Rights Monitoring Group and the Council of Europe were kept abreast of the developments."

Abela said that the meetings were "constructive" and "comprehensive". He said that the consultations led to three bills being drafted and presented to Parliament in January 2022, adding that the bills have since been publicly accessible.

"Meanwhile, since then, government remained available to listen and consider any feedback from any party," Abela said.

He spoke of the setting up of the Committee of Experts, claiming that it consulted.

He said that the government also sought the opinion of the OSCE representative on Freedom of the Media, and said that the representative's conclusions were taken into account.

He called the bills "ground-breaking and innovative," and that they will "guarantee a very high level of protection for journalists and other media actors."

He said government will keep assessing, not only the implementation of these proposed bills once they enter into force, but also amending different laws where necessary "with a view to further guarantee the protection of journalists and the freedom of the media, as the need arises."

Locally, journalists and editors have been calling for consultation to take place on the bills proposed by the government. In September, a number of journalists and civil society groups urged the Maltese government to launch a public consultation on the media law reform. The International and European Federations of Journalists (IFJ-EFJ) joined their affiliate the Institute of Maltese Journalists (IGM) in urging the government to be transparent in the drafting process and openly consult the public before submitting any bill to parliament in a statement in September. The government, however, tabled the bills in parliament without this happening.

"No proposal on media legislative reform should be submitted to the parliament without a transparent public consultation. This is all the more crucial in a country where a state holds some form of responsibility for the killing of a journalist," IFJ and EFJ had said in their statement.