Sakharov
Prize debate, Valletta, 2nd February 2018
In Malta we are allowed to offend
religion, but we are not protected from investigating Pilatus Bank or Henley
and Partners.
This is one of the everyday
contradictions we face under Joseph Muscat, whose government favours
liberalization as long as it does not interfere with the interests of oligarchs. In
fact, whilst blasphemy laws were repealed in 2016, Maltese legislation does not
protect journalists and media houses from SLAPP lawsuits.
Hence, the Strategic
Lawsuit Against Public Participation is being used by companies associated with controversies involving the
Government’s deficit in governance to stop journalists from doing their job.
Both Pilatus Bank and Henley and
Partners resorted to SLAPP against the press when investigations were being
carried out on matters related to Panama Papers and Malta’s cash-for-passports
scheme respectively. In practice, this means that international court cases
could cripple journalists due to hefty legal costs, often leaving the same
journalists with no option but to withdraw their writings. Given that Pilatus
and Henley could have easily resorted to Maltese courts, one should ask whether
their actions are in bad faith.
It is of utmost importance that
Malta’s parliament approves the private member’s bill that will be discussing
the SLAPP issue. If approved, the bill would ensure that such court cases would
not be enforceable in Malta. So far the opposition has declared its support,
whilst the government side has failed to do so.
We should be thankful to journalists
who are investigating corruption, bad governance, money laundering and similar
matters which are of public interest. The same can be said with regards to
activists and politicians active in the field.
But we should also be suspicious of
politicians who resort to populist language to depict an ‘us and them’
situation with regard to Malta and the European Union institutions that are
investigating Maltese rule of law. We Maltese are Europe, we voted to join the
EU, and European institutions represent us as much as they represent other
European citizens. Just imagine how much more abuse of power, corruption and
impunity would exist in Malta had we opted to remain out of Europe.
May I remind those present that more
than one hundred days have passed since the brutal murder of Daphne Caruana
Galizia. This murder represented the worst possible attack against freedom of
speech. Daphne’s loss is a human tragedy. But it also means that we are
deprived of her investigations of corruption, organized crime and bad
governance.
We know that three people were
arrested in relation to the bomb that killed Daphne Caruana Galizia. But there
seems to have been little progress since then. To date, there is no sign that
the authorities have identified who commissioned, planned or orchestrated this
murder.
It is therefore not surprising that
international institutions, international civil society, international media
and international think tanks are concerned with Malta’s current situation in
matters such as free speech, governance, protection of journalists, rule of law
and corruption.
Unfortunately
the Government propaganda machine is trying to depict another picture. It tries
to make us forget about panama papers and about the endless list of scandals
related to the parceling out of the common good.
Government
tries to make us forget about the shortcomings of the Police Commissioner, who
refuses to take action on Panama Papers. Government ignores the advice of Chief
Justice and Ombudsman regarding the same Police Commissioner and the Attorney
General.
Malta
is governed by a party that speaks about freedom but tries to shut up those who
seek truth and justice on corruption and organized crime. Government boasts
about whistleblowers but refuses to protect Jonathan Ferris and Maria Efimova.
We
have a Prime Minister who tells us that he will only react to comments by other
Prime Ministers. We have a Prime Minister who confuses electoral majorities
with divine rights, above rule of law. We have a Prime Minister who exploits
worthy gains in LGBTIQ policy to excuse himself from abuses elsewhere. This is
not liberalism. This represents politics of the least common denominator.
Indeed,
political power in Malta is now based on patronage, corruption and social
malaise. As long as oligarchs are not hurt, anything goes.
Malta’s
freedom of expression is being compromised by a soulless state. But no
government is eternal, and we will keep reading, writing and speaking to
confirm this fact.
