The government's decision not to back a proposal that would have strengthened Malta's anti-SLAPP (strategic lawsuits against public participation) legislation was not only disappointing, but was a slap in the face to journalists in the country.

Strategic lawsuits (litigation) against public participation (SLAPP) are lawsuits intended to intimidate and silence critics by burdening them with the cost of a legal defence until they abandon their criticism or opposition.

The Opposition had tabled proposals that would have meant that anti-SLAPP laws would apply both to cases involving other countries and to cases filed solely in Malta, to adjust the maximum financial penalties on those instigating SLAPPs from a maximum of €10,000 to a minimum of €10,000 and a maximum of €100,000, to publish data on SLAPP cases online, and for court rulings from such cases to be immune to the 'right to be forgotten' principle.

Instead, the Labour Party Members of Parliament chose to substitute the text of the motion with text which propagandistically recognised that Malta was the first to introduce the EU's anti-SLAPP directive and encouraging the government to hold further consultations on laws which are currently on Parliament's agenda.

The government's actions either show that it is not willing to back any idea which is not put forward by itself, or it does not want to offer proper protection for journalists.

There have been SLAPP cases against people in Malta. The Daphne Foundation says that of the 1,049 SLAPPs filed in European courts in 2010-2023, (9% of the total) were against Maltese defendants, most of them against Daphne Caruana Galizia in Malta. "The Maltese State should be a positive example for Europe by enacting comprehensive antiSLAPP legislation," it said, and it is absolutely right.

The Institute of Maltese Journalists said it was "disgusted" with the government's position, and also noted that the government's proposal was to promise more consultation "a pledge it has been making since October 2023 when it promised to publish a White Paper on reforms proposed by the Committee of Experts that had been set up by the government."

NGO Repubblika expressed solidarity with the Institute of Maltese Journalists (IĠM) and all journalists. It said that it is "unacceptable" that instead of implementing the recommendations of the public inquiry, the government is making it more difficult for journalists to practice in Malta and instil fear amongst them.

Protecting journalists who do their work not for some large paycheque, but out of a sense of duty to bring the truth to the people and to keep those in power in check, should be a priority.

Protection against abusive lawsuits needs to be properly implemented. What the government did, when it transposed the directive, was the bare minimum, and was not enough. By not implementing enough protection against SLAPP suits, the government is only aiding those who intend to silence.