Should the crime of sedition be repealed in light of freedom of expression?

Abstract

This dissertation will serve as an examination of the contentious sedition laws which exist in the Maltese legal system, whilst also delving into the fundamental issue of how their presence can no longer be justified, in light of the unalienable right to freedom of expression. This endeavour will be undertaken in the following manner. The inaugural chapter consists of an exploration of the historical development of sedition, both internationally and locally which is then countered by a parallel analysis of the development of freedom of expression within the Maltese legal system. This historical foundation is indispensable since it provides context behind why sedition exists and why its repeal is imperative. In the second chapter, a comprehensive examination of sedition, as found in the Maltese legal framework, is undertaken as well as the limited associated caselaw. Such a study encompasses the ambiguous, unutilized and outdated nature of these provisions. The third chapter consists of an analysis of legislative provisions on freedom of expression. Both local as well as international provisions on the subject matter contain freedoms and limitations, which will be discussed in depth. The forthcoming chapter serves as a culmination of the ideas explored and also presents a compelling argument regarding the disharmony which exists between sedition and freedom of speech. The argumentative nature of this chapter advocates for the repeal of sedition so that an alignment with contemporary human rights standards can be fostered. The final chapter embarks on a comparative analysis by juxtaposing the status quo of sedition in Malta with the United Kingdom, the United States, India and Singapore. It is a prevailing trend amongst Commonwealth countries to repeal sedition and as a result, Malta’s retention of such is conspicuous and a blatant defiance of broader international trends. Finally, the conclusion serves as a platform towards the advocacy for several recommendations such as reform and repeal.