The Inquiry is asked to determine whether the State has fulfilled and is fulfilling its positive obligation to take preventive operational measures to protect individuals whose lives are at risk from criminal acts, in particular in the case of journalists.
We have argued above why we believe this has not been the case. We would add reasons why we believe the State persists in its failure in this obligation in particular in the case of journalists.
- Parliament has considered, but then failed to adopt, legislation that can protect journalists from strategic defamation suits filed overseas (SLAPP). Maltese journalists are facing defamation suits outside Malta and the threat of more such suits are a clear and present danger.
This is especially significant when considering the activities of organised crime in Malta. Organised crime has extensively used Malta’s main economic activities as tools for its smuggling, racketeering and money-laundering activities.
Journalistic investigations into banks, financial institutions, gaming companies, fuel companies and similar large corporate entities have often faced threats of or actual international defamation suits that have a chilling effect on investigative journalism. This in turn creates an environment of impunity that allows these criminal activities to remain and grow.
- Intimidation and isolation of activists remain the order of the day. This includes exclusion from public broadcasting media; consistent assault from party-owned media; and centrally-organised social media trolling.
- The pressure to introduce institutional reforms by agencies such as the European Parliament and the Council of Europe has led to half-hearted legislative or administrative initiatives intended to paint a picture of compliance and reform. The government has frozen out civil society from any semblance of consultation. It has removed the opportunity for the free press to report on, analyse and comment reforms. It in effect has put in place limited and cosmetic reforms.
Most of these changes have no material impact on the mafia’s hold on the state’s institutions. Civil society is excluded from any and all deliberations on the preparation of these reforms. No draft legislative documents are published before a matter is placed for debate in Parliament, by which time it is too late to participate meaningfully in the process in any manner.
- Questions by independent journalists and challenges by civil society are routinely ignored. The press is not provided with opportunities to ask questions and matters of national importance are communicated directly by political figures over media they own or on social media through paid advertising.
The Freedom of Information Act is complied with in the breach with the government refusing requests for puerile reasons, too often finding the backing of regulators that do not act independently of it.
The intermediating and oversight role of the media in our democracy continues to be frustrated and in spite of a more coherent effort by the journalistic community since the killing of Daphne Caruana Galizia, the government is largely successful in elbowing aside any and all challenges to its authority.