EU Commission says no legal obstacle to introduce Anti-SLAPP legislation in Malta

In reply to a parliamentary question submitted by Partit Nazzjonalista Head of Delegation David Casa, Commisioner Jourová stated it is possible to prevent the enforcement of SLAPP judgments in other jurisdictions on the basis of public policy. The position of the European Commission contrasts with that of the Maltese government that rejected an Anti-SLAPP amendment proposed by PN MP Jason Azzopardi to the new media bill on the basis of incompatibility with EU law. 

David Casa said: “It is clear that there is nothing in EU law that precludes measures to protect journalists from these abusive practices in national legislation”.

The Commission has stated:

a.    An EU member state has a right to legislate against SLAPP originating in a jurisdiction outside the EU; and 

b.    That EU member states have a right to protect their nationals against SLAPP originating from within the EU as long as it is done in good faith and in line with declared public policy. 

The Commission’s response shows that PN MP Jason Azzopardi’s proposed amendments last January to protect Maltese media and journalists from SLAPP threats was consistent with EU law. 

David Casa stated: “The abysmal reasoning provided by Minister Owen Bonnici to justify the decision not legislate to protect Maltese journalists must be understood in the context of his complicity to silence Daphne Caruana Galizia through SLAPP. Today, the Commission has effectively rubbished the position taken by the Maltese government”. 

PN MP Jason Azzopardi stated: “Owen Bonnici should immediately propose this amendment in parliament and give journalists the peace of mind to conduct their work that they deserve. Regrettably, Owen Bonnici’s track record does not augur that this will happen any time soon”.

David Casa is organizing a debate in the European Parliament on SLAPP this afternoon that will be attended by European Parliament President Antonio Tajani.

Attached you can find the Commission's reply to the parliamentary question submitted by MEP David Casa.