Updated 3.50pm
The union representing journalists in Malta has expressed its “deep concern” at a temporary gag order levied against Times of Malta at the request of e-money firm Papaya Ltd.
On Monday, Times of Malta said it had been hit by an urgent court injunction preventing it from publishing an article about the company just one day after sending questions to the firm.
The outlet said the “unprecedented” order was aimed at preventing one of its journalists from publishing an article in the public interest.
In a statement on Tuesday, the Institute for Maltese Journalists (IĠM) said such legal actions “pose a serious threat to press freedom and the public’s right to know”.
Describing investigative journalism as a “cornerstone of a healthy democracy”, it said such activities “hold power to account, serve the public interest and uphold transparency”.
“Silencing the press through legal injunctions undermines the essential role of journalism as the fourth pillar of democracy”, the union said, stressing journalists should be allowed to carry out their work “without undue interference”.
It urged the court to “expedite matters and hear the case with urgency”, and said the injunction suspended the right to freedom of expression enshrined by Malta’s Constitution and the European Convention for Human Rights.
“The IĠM believes that in such circumstances the right to know and to inform should trump the company’s request to stifle investigative reporting”, it said.
“A free press must remain free to investigate, question, and publish without fear of retribution or censorship. Anything less is a disservice to democracy itself”.
Yesterday, MEP David Casa described the injunction as “an unprecedented and chilling attack on press freedom.”
Papaya is currently appealing a €279,000 fine from the Financial Intelligence and Analysis unit for alleged anti-money laundering law breaches.
Times of Malta reported in 2023 how the fine came after one of Papaya’s directors was sanctioned by the United States over his links with Russia.
‘Exploiting the law to hide wrongdoing’ – Repubblika
In a separate statement Tuesday, rule of law NGO Repubblika said the injunction was an example of “horrific bullying by companies that misuse the law to silence journalism in the public interest”.
“These legal tactics by this company are nothing less than censorship by legal means,” the NGO said, while expressing its “full solidarity” with Times of Malta and journalists targeted by such injunctions.
“These cases remind us of how easy it is for individuals and companies to exploit the law to hide wrongdoing, even when that conduct adversely affects the public.”
Turning to a court decision yesterday banning the publication of the name of a Swiss man who pleaded guilty to sexually harassing a cleaner, on the basis that publication could harm his political career, the NGO said the incident “raises serious concerns that the law is not applied equally to those in power”.
“The public has a right to know about his misconduct”, the organisation said.
It said the two cases were “reminders of the vital importance of credible reform of media laws”.
“The so-called ‘public consultation’ currently underway is a joke that is not making anyone laugh. The government has not published any proposals, and the process lacks any transparency and genuine and free exchange of ideas”, it said.
“Malta deserves a deep and inclusive debate that leads to a law that protects press freedom and protects the media from abusive legal actions while guaranteeing freedom for journalism in the public interest”, said Repubblika.
“The public has a right to be informed. Bullying companies and politically powerful individuals should not be allowed to hide their secrets behind judicial orders to silence.”
‘Unprecedented attack’
MP and PN leadership candidate Alex Borg also condemned the “unprecedented attack” by Papaya to gag Times of Malta.
Speaking during a political activity in Gozo, Borg pledged that a PN government will strengthen freedom of expression.
He said a journalist’s job is to keep politicians in check, to ensure they work towards the interests of the Maltese and Gozitan population.
Borg also paid tribute to Daphne Caruana Galizia, who was murdered in an October 2017 car bombing.