A second report by the Ombudsman, responding this time to a complaint filed by a PN MP, found that a directive issued by the Director General for Educational Services regarding teachers and media appearances violates freedom of expression
The PN issued a statement, welcoming the decision by the Office of the Ombudsman which, "following a request submitted last November by Shadow Minister for Education and Skills Justin Schembri, concluded that the circular issued by the Minister for Education regarding comments made by teachers and educators in the media on matters related to education breaches their right to express personal opinions."
This is the second report by the Ombudsman's Office on this subject to reach the same conclusion, the PN said. In recent days, the Commissioner for Education delivered the same verdict in response to similar concerns raised by other organisations requesting an investigation into the circular.
The Commissioner stated that Circular DG DES 28/2024, dated 25 September 2024 and entitled Policy on the Participation of Educators in Media Appearances in Their Professional Capacity, issued by the Director General for Educational Services, infringes upon the right of teachers and educators to speak publicly about the situation in the education sector., the PN said.
"In this second conclusive report, published yesterday following the request made by the PN, the Commissioner for Education recommends that the Ministry for Education clarify its guidelines and directives on educators' participation in the media. This would ensure that teachers and educators retain the right to share their personal opinions on education without fear of disciplinary proceedings or other negative repercussions."
The Commissioner also categorically affirms that the request submitted by Shadow Minister for Education Justin Schembri, on behalf of the Partit Nazzjonalista in his capacity as both an individual and an educator, was made in accordance with the law, the PN said.
"The circular in question had stipulated that teachers and educators were required to obtain written approval from the Director General in order to participate in media appearances if the subject matter was related to the education sector. It also bound them to follow the Ministry's policies and guidelines and to avoid statements that could be perceived as politically biased or that could compromise the neutrality of the education system."
"The Commissioner for Education also found several inconsistencies and contradictions within the circular, which had been criticised by the Dean of the Faculty of Education at the University of Malta, unions, and numerous other public figures. The Malta Union of Teachers (MUT) also launched a national petition against it. The Commissioner has now concluded that the circular amounted to censorship of teachers' and educators' freedom of expression."
Meanwhile, the Ministry for Education was forced to issue another circular dated 4 March 2025, retracting the original circular from September 2024, the PN said. "In it, the Ministry urged public officials to familiarise themselves with the procedures outlined in three existing policies relating to political participation and media communication, the public service management code, and the use of social media in the public service."
"However, in his conclusion, the Commissioner for Education warned that this latest circular issued by the Government - purportedly to retract the initial directive - does not make sense and does not effectively nullify the circular that was the subject of the PN's complaint," the PN said.