An evaluation of the Diritto Di Cronaca under the Maltese Press Act

Abstract

We have inherited the notion of the diritto di cronaca in the Maltese Press Act, from the Italian legal system. Essentially, the term can be translated literally as ‘the right to report current affairs’. It actually means the right to publish correct news and current affairs (or information and ideas) on any matter in the public interest. This is not a unique concept found in the ius civile legal tradition as there are analogous notions to it in other legal systems. For example, the American legal system refers to ‘the right to publish public information’ whilst the European Court of Human Rights prefers to adopt the concept of ‘imparting information and ideas’ on all matters of public interest, provided that the information disseminated is true. Although these – and other expressions – may be considered similar, they are not necessarily identical and each one has its own nuances and vicissitudes. The purpose of this short contribution is to summarise selected judgments of the Maltese courts with a view to try to understand exactly the juridical nature of the institute of the diritto di cronica as applied in Maltese Press Act.