The journalist under Maltese law : aspects of the limitations imposed

Abstract

To speak of the power of the press (and the media) is something of a cliche nowadays, and yet the full potential of this class is yet to be realised in our country. The factiousness of the press in general, which is anyway a reflection of our society at large, has contributed in no small way towards this state of affairs. Indeed, the partisanship which surfaces in all but a few instances of reportage by the national press has prevented the creation of a strong press which, although free of legal censorship, is nonetheless rarely independent. The enactment of the Broadcasting Act of 1991 brought an end to government's monopoly in broadcasting with the opening of eight new radio stations and a cable television station. The step was certainly a positive one which leads one to hope that given time, these new opportunities will mature, and contribute along with the other sections of the press, towards the proper creation of a true Fourth Estate. Until this occurs however, a number of laws require amendment since, as they currently stand, the journalist is limited in his activities and this process of evolution is thereby obstacled. This thesis concentrates on principally two aspects of this constraint. The first part of the thesis deals with limitations of an international dimension, and the second with limitations of a national dimension. Indeed in Chapters One, Two and Three, a contrast is made between a newly - signed Convention, which seeks to push down all the barriers in European television, and a piece of domestic legislation which in the context of political broadcasting, seeks to isolate Malta. In Chapters Four and Five then, this thesis discusses the privileges available to the journalist and since the Maltese journalist cannot avail himself of the Qualified Privilege, it inevitably makes recommendations for its introduction.