Recommendations made by the Commissioner for Education within the Office of the Ombudsman over a directive which was found to violate the freedom of expression of educators were not implemented.

The Commissioner, Judge Vincent De Gaetano, had dealt with two complaints over a directive issued by the Director General for Educational Services regarding teachers and media appearances. The controversial directive had imposed restrictions on educators' participation in media.

One of the complaints was filed by the Executive Head of the Union of Professional Educators (UPE), and the other by a Member of Parliament and a teacher in the public service.

Both complainants raised concerns about the directive's impact on freedom of expression for educators.

The directive (DG DES 28/2024) required educators to seek prior approval for media participation and stipulated that any public statements must reflect the Ministry's policies and objectives, the Commissioner said. He noted that while the directive claimed to encourage public debate, "it simultaneously imposed conditions that restricted personal opinion and discouraged critical engagement."

The Commissioner noted that this constituted a form of "doublespeak" - outwardly promoting healthy dialogue while demanding total conformity. "Such a stance contradicted the provisions of Directive 5 issued by the then Principal Permanent Secretary on 24 February 2011, which allows public officers in certain grades to express personal opinions, as long as these are clearly personal and not official positions, the Commissioner writes. "Furthermore, the requirement for prior approval from line managers and the Director General added another layer of administrative control, which could have a chilling effect on educators' willingness to speak publicly."

The Commissioner had concluded that the directive was not a mere restatement of existing rules, as argued by Ministry for Education, Sport, Youth, Research and Innovation (MEYR), but that it also introduced new constraints which the Commissioner said are inconsistent with the principles of freedom of expression in a democratic society. The Commissioner noted that even Directive 5 fell short of human rights standards, "in so far as it forbade all public officers, irrespective of grade 'from commenting on matters that pertain to their ministry and in particular their area of work, even if in a personal capacity."

Both complaints were upheld by the Commissioner, who recommended that ministry issue revised guidelines ensuring that teachers and educators, particularly those not holding managerial roles, are free to express personal views on their work and the educational system without fear of disciplinary action.

However, the Commissioner wrote that "in response to the Union head complaint, MEYR disputed UPE's standing, stating that only the recognised majority union may address collective issues. Nevertheless, the Ministry reaffirmed its adherence to the Public Service Management Code (PSMC) in guiding its policies. In reply to the Member of Parliament's complaint, MEYR also cited the PSMC as its guiding document but did not address the substance of the Commissioner's findings."

The Commissioner wrote that since the MEYR "did not implement the recommendations, the Ombudsman and the Commissioner for Education referred both Final Opinions to the Prime Minister. As no action was taken, both reports were subsequently sent to Parliament, tabled, and therefore made public."