Prime Minister against removing 10-year-limit for aggrieved family members to file for defamation
Prime Minister Joseph Muscat has expressed his views against removing the proposed 10-year limit for aggrieved family members to file for defamation against what they deem to be disparaging remarks made about a deceased family member.
Parliament was yesterday discussing the newly proposed Media and Defamation Bill which is in its second reading.
Nationalist Party (PN) MP Karol Aquilina expressed his belief against imposing a ten-yearlimit on the possibility of family members filing a defamation suit in the case of defamatory remarks being made about deceased family members.
The clause provides for a 10year limit for family members of a deceased person to file for defamation/libel when they feel aggrieved by a broadcast or publication.
This would mean that should person A die and person B writes about person A 10 years or more after their death, in a way which the family members deem to be incorrect, family members would not be at liberty to file for defamation. This would only be possible within the 10-year time frame.
Aquilina believes that this may open the floodgate for “anybody to say anything” against a person who has been deceased for over 10 years.
Prime Minister Joseph Muscat praised Nationalist Party (PN) MP Aquilina’s contribution for being reasoned.
Muscat said that it would be interesting to discuss this point, because “nothing is cast is stone”.
He stressed that the OSCE recommended to keep this 10-year term limit in place, and even recommended that the relative filing the defamation suit should have a direct interest.
The Prime Minister said that when looking at international laws and recommendations, removing the term limit might open the door to abuse and does not go with the spirit of public life.
Muscat acknowledged that it is not an easy point to argue, because it is a discussion removing politician’s tools of protection. He argued that all those entering politics should know that they are opening themselves up to heavy criticism by the public.
“Politicians are legislating to weaken their hand, and not to strengthen their hand,” he told Parliament.
Muscat argued that removing the 10-year limit is not the way to go, backed up by international recommendations, and that retaining it will strengthen society.
He spoke of the previous legislature’s work, under his leadership, when the vilification of religion clause was repealed from legislation awarding artists more freedom to satirise or depict anybody, even religious figures. “I remember those who said we granted too much freedom.”
He remarked at how proud he is to lead this government who are taking tangible steps to “strengthen democracy”.
He said that a silent revolution was carried out which has led to genuine Parliamentary autonomy, and that it is not just another “government department like in previous years”.
Beppe Fenech Adami slams ‘systematic’ attack on journalists by those close to OPM
Nationalist Party (PN) MP Beppe Fenech Adami accused the government of double standards by allowing those close to the Office of the Prime Minister to attack journalists online through fake social media accounts, and then presenting a “nicely” worded Media and Defamation Bill.
He spoke of “systematic” abuse of journalists through social media, especially those with a certain political leaning, through an onslaught of comments from fake accounts coming from people close to OPM.
Fenech Adami also went on to mention reports of OPM aid Neville Gafa, who has had allegations of impropriety levelled against him, constantly using social media to attack journalists.
He also brought up an e-mail exchange produced on the blog of slain journalist Daphne Caruana Galizia who was brutally murdered mid-October, showing what she claimed to be how Henley & Partners, the company heading the citizenship-byinvestment scheme, colluded with the Prime Minister, the Justice Minister and the PM’s chief of staff to sue her in London.
Bonnici responded to this by saying he was informed that the head of Henley & Partners Chris Kalin informed him of his intentions to sue Caruana Galizia in London, but that he never gave the go ahead or tried to stop him because all people have the possibility to seek legal remedy equally.