WRITTEN QUESTION E-0278/02

by Luckas Vander Taelen (Verts/ALE) to the Commission

(8 February 2002)

Subject: Attack on journalists' freedom of speech in Malta

Recent events in Malta are quite a preoccupying sign for journalists' freedom of speech in this country. A TV sports journalist was suspended by the Malta Public Broadcasting Services and stopped from appearing on state TV for one week because he had produced an investigative programme on the possibility of corruption in Maltese football.

Even worse is the attitude of the Malta Labour Party (MLP) leadership that, after a vicious campaign against the company Where's Everybody which produces three of the most popular programmes on national TV, including one on how the EU institutions function, has now decided to boycott all Where's Everybody's TV programmes and leading personalities.

Considering that the MLP represents 46 % of the Maltese electorate, and is the alternative Malta Government, such a boycott is a veritable attack on the basic norms of democracy and free speech.

The MLP boycott, apart from showing a crass disrespect for people's intelligence, effectively means that independent journalists are now under threat by the Malta Labour Party for not towing its party line.

It is very unfortunate that the leadership of the MLP, the potential alternative government of Malta, seems to want Malta to go back to the eighties, when political hatred was the order of the day.

With this background in mind, is the Commission bringing up this issue in its negotiations with the Maltese government? What arguments does the Commission intend bringing up with the Maltese authorities during negotiations in order to ensure the freedom of speech and the investigative liberty of Maltese journalists, without any threats from the establishment or prospective Prime Ministers?

Answer given by Mr Verheugen on behalf of the Commission

(1 March 2002)

The Commission monitors the freedom of expression in Malta, like in all other candidate countries, as one of the key political criteria for membership. In the 2001 Regular Report on Malta's progress towards accession(1), it stated that the freedom of expression is enshrined in the Maltese constitution and continues to be well respected in practice.

Regarding the TV and radio journalists' freedom of speech, Malta has an independent Broadcasting Authority, whose members are appointed by the President of the Republic, following advice from the Prime Minister and consultations with the leader of the opposition. The Broadcasting Act 1991, amended in 2000, provides for the Broadcasting Authority's powers, duties and financial resources.

According to the Maltese constitution and law, the Broadcasting Authority is responsible in particular for:

- ensuring the preservation of due impartiality in respect of matters of political or industrial controversy or relating to current public policy;

- fairly apportioning broadcasting facilities and time between persons belonging to different political parties;

- selecting and appointing broadcasting licensees and contractors who will operate radio (at national and community levels) and television services throughout Malta;

- monitoring the performance of the stations in terms of Constitutional requirements, the provisions of the law and of the relevant broadcasting licences and contracts;

- monitoring compliance with the Maltese constitution and law and for imposing sanctions.

In view of the status, duties and independence of the Malta Broadcasting Authority, the Commission believes that the Authority is competent to investigate and take appropriate actions regarding any restriction of journalists' freedom of speech. The Commission will continue to monitor that the Malta Broadcasting Authority has the capacity to fulfil its tasks in accordance with the Maltese Constitution and law.

The decision by the Malta Labour Party (MLP) to boycott Where's Everybody TV programmes is an internal Maltese issue that should be considered in the context of the division between the two main parties on the issue of accession to the Union. In relation to that, the Commission also noted with interest that the MLP has agreed to appoint its own leader, as its representative at the Union Convention on the future of Europe.

The Commission remains confident that Malta has achieved stability of institutions, guaranteeing democracy and the rule of law. It will continue to monitor closely during the pre-accession period the developments in this area and, if necessary, take appropriate measures to ensure that the freedom of expression continues to be respected in Malta.

(1) COM(2001) 700 final.