The need for a reform in the law of libel

Abstract

Over the years the role of the press and the media has become increasingly important and today it is one of the fundamental pillars of modern demoracy. Commonly found as the guardian of society, the press provides the right platform for freedom of speech and expression. However, throughout the years – especially with the advent of the internet and social networks – questions have arised about the type of regulation that should guard the guardian. The regulations – deemed to be legitimate and necessary in a democratic society - that guide the press may be of two kinds: internal or external. While the former relates to self-regulation – a matter that has been discussed for many years but few concrete proposals were brought forward – the latter refers to the laws found in the Statute book. This thesis provides the right background for the better understanding of the present scenario but the most important key feature of this work is a ten-point proposal for the much desired change. The proposals are the result of an extensive research carried on two fronts – the local and international scenario. The thesis seeks also to examine the Maltese laws on libel and their chilling effect on freedom of expression in light of the safeguards provided by Article 10 of the ECHR. This work is also a collection of some of the most important judgments handed by both the Courts of Malta and the European Court of Human Rights. The need for a reform in the Law of Libel is divided into five Chapters ranging from the legal historic perspective; the criminal and civil libel; the exhaustive defence pleas found in the Press Act; the discussions held on the subject by the Maltese Parliamentary Select Committee for the Consolidation and Recodification of Laws; the Commission for Holistic Review of the Justice Sector; the comparative law exercise between various jurisdictions and the proposals for change. The whole work had been carried out from an inter-disciplinary perspective but the sole purpose of this Thesis remains a legal analysis and review towards the much desired change in the Law of Libel.