If a final approval is given by the plenary and the European Parliament Legal Affairs Committee, the Strategic Lawsuit Against Public Participation European directive, better known as Daphne’s law, is expected to be published in the European Union’s official journal by next April, German S&D MEP Tiemo Wölken told The Malta Independent on Sunday.
Once approved, European member states will have the possibility to start transposing the directive as early as 20 days after its publication.
Wölken was appointed as rapporteur for the proposal at the Legal Affairs Committee. The MEP explained that the directive is expected to become enforceable by mid-2026; however, European member states can start implementing the directive as early as three weeks after it has been published.
Just last month a provisional European Union agreement was reached on new anti-SLAPP laws which aim to ensure the EU-wide protection of journalists, media organisations, activists, academics, artists and researchers against unfounded and abusive legal proceedings.
Wölken had said at the time that “despite the Council’s attempts to significantly weaken the Commission’s proposals, Parliament secured a deal that includes a definition of cross-border cases, accelerated treatment for key procedural safeguards such as early dismissal and provisions on financial security, as well as flanking support measures on assistance, data collection and the compensation of costs”.
“I hope that all member states, including Malta, will transpose this international law as quickly as possible,” he said in an interview with this newspaper, adding that he hopes that member states do not stop at implementing these articles for cross-border cases but to also follow EU recommendations and include it for national cases.
“We hope that member states will transpose it (the SLAPPs directive) into national law and that they also extend its scope to national cases on a voluntary basis. Normally this happens because no one wants to discriminate against their citizens but, of course, they don’t have to,” he said.
In this regard, Wölken said that he was already approached by some 17 member states who assured him that the EU’s recommendations would be followed in their respective country. Malta has not confirmed its position willingly, Wölken said, adding that he hasn’t sought Malta’s position in this regard.
The European Parliament has long advocated for strengthened media freedom and improved protection of those targeted by SLAPPs. In light of the increasing number of SLAPPs in the EU, MEPs have adopted a series of resolutions since 2018 calling for EU action against legal harassment of journalists, media outlets and activists. The European Commission presented its proposal in April 2022, including many of the measures MEPs were pushing for in a 2021 resolution.
Just last year Malta recorded 44 new SLAPPs, a significant increase over the four that were registered in 2021, a report compiled by the Daphne Caruana Galizia Foundation, on behalf of the Coalition Against SLAPPs (CASE) in Europe, said.
At the first parliament plenary session after the summer recess last October, it was announced that the government will be issuing a white paper including media reform laws proposed by the Committee of Media Experts. Prime Minister Robert Abela had also said that the government will be holding a public consultation on the subject, but no timeframe was given.
However later that same month the Media Reform Initiative criticised the final report of the Committee of Experts on Media and said that it is very disappointing that the proposals are incapable of bringing about that enabling environment, which the government is obliged to put in place.
On the same topic, The Malta Independent on Sunday also sought the opinion of several other MEPs.
MEP Cyrus Engerer said that “whatever has been agreed is too weak… the position of Parliament was more ambitious than this”. He said that putting the EU directive aside, Malta “should be more ambitious than that”.
The MEP also referred to the ongoing media freedom act and said that “I believe we have a lot to work on as a country”.
“We cannot have media in our country that is controlled and dominated by political parties,” he said.
On his part Netherlands Christian Democrat MEP Jeroen Lenaers said that he does not believe that the implementation process of the SLAPPs directive is going to be a smooth ride for Malta.
“I don’t think that the Maltese government at the moment has shown any sign of actually being serious about this kind of legislation,” he said.
The MEP said that Malta has a “history now for years already” of not being practical in what it promises to do. He explained that despite showing initial enthusiasm for past recommendations brought about, for example, by rule of law reports from the European Commission or on another occasion the recommendation for a public consultation following the assassination of Daphne Caruana Galizia, the Maltese government has not taken them on board seriously.
On the same note, MEP David Casa also said that reaching the directive’s threshold is the minimum standard.
“It is in our interest for the government to even include the domestic aspect,” he said.
Casa suggested that the media should unite in recommending that the domestic aspect should be included.
MEP Alex Agius Saliba said that “locally there have been huge advancements when it comes to legislation”. In his opinion the message sent by the European Parliament “is that we (as Europe) need to have a stronger legislation”.
The MEP said that he does not believe there is going to be any backlash during the implementation process.
MEP Alfred Sant said that on a European level slandered victims might start to question what kind of recourse they can take both nationally and internationally.
“Because when someone makes an allegation in the local press, it goes everywhere via the internet,” he said.