A court has rejected an appeal filed by the Malta Film Commission to deny the Daphne Caruana Galizia Foundation access to information regarding payments made to an entertainer for the 2022 Malta Film Awards.
The Malta Film Commissioner had resorted to the civil courts to deny the Daphne Caruana Galizia Foundation access to information that has already been found to be in the public interest.
The Malta Film Commissioner asked the court to annul a ruling by the Information and Data Protection Commissioner (IDPC) and to revoke a decision by the Information and Data Protection Tribunal that upholds the IDPC’s ruling.
The case concerns a freedom of information request to obtain the amount of public money paid to David Walliams for participating in the 2022 Malta Film Awards. In the freedom of information request, the Malta Film Commission had been asked for all invoices it received from Mr Walliams, or his agents or associated companies or individuals, or on their behalf, in connection with the event.
On Wednesday, the Civil Court of Appeal, presided by Mr Justice Lawrence Mintoff, rejected the commission’s request.
The court ruled that the Malta Film Commission was a public authority that is financed through public funds, and therefore must adhere to the principles of transparency and accountability.
“Here we have a public authority financed through public funds. The principles of transparency and accountability should certainly be upheld. The authority has a duty to reveal how taxpayers’ monies are being spent,” the Court ruled.
The information sought from the public entity pertains to payments executed using public funds for services rendered by an individual who was chosen by the Commission without a public call, the court said. The Malta Film Commission must adhere to higher standards of transparency, it added.
The Court also observed that the foundation was acting as a public watchdog and was holding the Malta Film Commission accountable.
Lawyer Therese Comodini Cachia assisted the Daphne Caruana Galizia Foundation.