A report regarding Freedom of Information requests highlights how "journalists in Malta are frequently faced by administrative silence when trying to access government information."
It reads that "in multiple instances, authorities delayed responses - sometimes for several years - by engulfing journalists in lengthy and expensive legal proceedings. In addition, the Maltese FOI Act contains numerous built-in restrictions on the right to information, limiting access by design."
The report by the Media Freedom Rapid Response (MFRR) tracks, monitors and reacts to violations of press and media freedom in EU Member States. It is organised by an alliance led by the European Centre for Press and Media Freedom (ECPMF), including ARTICLE 19 Europe, the European Federation of Journalists (EFJ), Free Press Unlimited (FPU), International Press Institute (IPI) and CCI/Osservatorio Balcani Caucaso Transeuropa (OBC Transeuropa), the report reads.
The report takes a look at data in four select countries from the Mapping Media Freedom database, between 1 January 2020 and 30 June 2025. It reads that all four countries have legal frameworks ensuring the right to information, but that journalists faced instances where their requests for information were either ignored, answered with significant delays, answered only in part, or were rejected.
The report points out that freedom if information is granted in the Constitution of Malta, and also that there is a Freedom of Information Act.
"As assessed by the Global Right to Information Rating, Malta is ranked at 83d place out of 140.countries. Among other criticisms, the analysis points to broad exemptions in the Act, such as the exclusion of certain public institutions and documents. It also raises privacy concerns, since applicants must submit personal information, including a copy of their ID and postal address."
It notes that the Council of Europe's Human Rights Commissioner had directed an open letter in 2023 to the Prime Minister of Malta, voicing concerns about freedom of expressions reforms, "including 'continuing instances of denial of access to information', which implies 'a pattern of unwarranted secrecy within state institutions regarding information'," the report reads.
It read that Michaela Pia Camilleri, Researcher and Advocacy Officer at the Daphne Caruana Galizia Foundation, echoed these concerns "and highlights that the right to information in Malta is already restricted by design."
The report read that the delays are one of the major issues FOI requesters face. It highlights that the FOI Act allows for a response within 20 working days. "Camilleri observes that authorities frequently delay responses by requesting extensions at the last moment, only to reject the request eventually after the second deadline has expired." It notes that further delays are caused by the informal complaint procedure. It said that in practice the complaint is usually returned to the same person who rejected it in the first instance, "undermining the purpose," of this appeal procedure.
As a result, it notes, an appeal is usually filed ot the Information and Data Protection Commissioner, and the Data Protection Appeals Tribunal.If the requestors or authorities decides to appeal those decisions, the next step is court, "which can cause further delays and high court fees. While authorities fund their legal battles through tax money, citizens, journalists, or grassroot organisations have to cover costs on their own."
It mentions that the Daphne Caruana Galizia Foundation recently concluded a two-year-legal battle against the Malta Film Commission to get access to a single working contract regarding David Walliams, who had been hired to host the 2022 Malta Film awards.
It reads that in some instances information is not processed in the form of documents and, as such, cannot be requested under the FOI act.
It said that the Mapping Media Freedom project had documented four FOI cases in Malta that revealed a "troubling culture of secrecy and resistance by Maltese authorities towards journalists and independent media."
It said that three of there were filed by The Shift News, and one by the Times of Malta. The latter regarded a blocked FOI request about income and asset declarations by Cabinet members.