In February, Bill 125, a proposed reform to amend the Criminal Code advanced through parliamentary readings. The bill aims to change how private individuals report suspected wrongdoing by reforming the country’s magisterial inquiry system. Currently, individuals can report suspected misconduct directly to a magistrate, who then decides whether to initiate an inquiry. Although reportedly only 0.3 per cent of magisterial inquiries come from private individuals, the system has been crucial in the investigation of high-profile corruption cases involving public officials. The proposed reform would remove the ability of individuals to resort to magistrates directly. Instead, they would need to first file a police report and provide court-admissible evidence before an inquiry could be launched. If the police fail to act within six months, the individual could then petition for an inquiry. Critics argue that the introduction of this new admissible evidence standard would place an undue burden and make it more difficult for individuals to hold public officials accountable, particularly in complex cases of corruption. On 16 February, over 3,000 protesters gathered in Valletta, urging the government to pause the bill and seek public consultation.

Sources: Parliament of Malta, Malta Today, Malta Independent (1), Malta Independent (2), Aditus, Times of Malta, Amphora Media 

Parliament voted to slightly ease the ban on abortion so that abortions can be performed in cases where the mother’s life is at stake. According to the bill, proposed by the ruling Labour Party, the decision to terminate a pregnancy is now possible with the sign-off of three doctors, except in the most urgent cases. The opposition supported the bill only after last minute changes which weakened the ambition from allowing abortion in cases of risks to the mother’s health to only cover cases of risks to life. Abortion rights campaigners have condemned the amendments as “unworkable,” which they say fall short of protecting women’s reproductive rights in practice, as performing an abortion in all other cases remains a criminal offense.

Sources: The Guardian (1), The Guardian (2), Amnesty International,  Euronews, Malta Independent, Doctors for Choice Malta

Malta’s Broadcasting Authority (BA) has upheld an impartiality complaint filed against ONE, a media outlet owned by the ruling Labour party, in a significant case in the regulation of party-owned news stations. The Broadcasting Authority ruled against ONE’s decision not to report on ADPD – The Green Party’s press conference about a recent hospital privatisation scandal, and concluded that ONE had been “systematically failing to broadcast ADPD statements in the past months”. It is the first time that BA has found that a station owned by a political party committed a violation by not reporting another party’s perspective. ADPD – The Green Party called on BA to issue directives that would ensure improved media impartiality. The case follows a recent Constitutional Court ruling upholding a judge’s finding in July 2022 that the national broadcaster PBS had failed to treat the National Party impartially by hindering the impact of a political advertisement.

Sources: Times of Malta (1), Times of Malta (2), Times of Malta (3), Malta Independent, ADPD – The Green Party

Parliament passed a bill introducing an anti-deadlock mechanism for the appointment of the Standards Commissioner. The bill passed with 41 votes in favour and 35 against in its final reading. The Standards Commissioner is responsible for investigating ethical complaints against MPs. The bill amends a requirement in the Standards in Public Life Act for the appointment to be agreed in Parliament by a two-thirds majority vote. The amendment allows for appointment by a simple majority if two initial votes fail to reach a two-thirds majority. Parliament has not yet succeeded in appointing a replacement for George Hyzler, who left the seat vacant. The government’s proposed replacement, former Chief Justice Joseph Azzopardi, was blocked by the opposition. The leader of the Nationalist Party, Bernard Grech, has accused Prime Minister Robert Abela of amending the law to push through his candidate. The use of the anti-deadlock mechanism for the appointment of other high-level positions, including the Presidency and the Chief Justice, had been recommended by the Venice Commission, the Council of Europe’s rule of law body.

Sources: Times of Malta, Malta Independent (1), Malta Independent (2), Council of Europe Venice Commission