Social Media and Libel
In an age where information travels at the speed of a click and the boundaries between public and private life blur, the impact of social media on libel proceedings has become a compelling topic of concern. With the rise of digital platforms and the power they bestow upon individuals to express their thoughts and opinions, the legal landscape surrounding defamation and libel has undergone a profound transformation.
Commentary on Ethics in Public Life The Court of Magistrates has recently had to delve into the complex interplay between public life and social media, free speech, and the pursuit of justice, shedding light on the challenges and opportunities presented by the digital age for libel proceedings. The Courts are increasingly having to ascertain which statements constitute libel according to law, and which simply impinge upon the moral and ethical standards of a person holding public office.
Article 3 of the Media and Defamation Act
The Court has made it clear time and time again that in libel proceedings, and more specifically in the absence of a preliminary plea focusing on the veracity of the statement made, it is not within the competence of the Court to ascertain whether or not the content published is substantially true. The role of the Court is in determining whether the statement made is defamatory for the aggrieved party. Article 3(4) of the Media and Defamation Act states that a statement is not defamatory unless it causes serious harm, or can cause serious harm to the reputation of the person filing the action, irrespective of the veracity of the statement.
Angel vs H.H. Bushell & Co Ltd
As to the nexus between officials holding public office and libellous allegations in their regard, most particularly statements that connote low ethical or moral standards of the public official in question, in the case Angel v H.H. Bushell & Co Ltd, it was held that one can draw a distinction between mere breaches of etiquette on the one hand and breaches of professional ethics or codes of conduct on the other, the latter are actionable even if the former are not.
Professional Standard vs Moral Standards
One must therefore assess whether or not a statement or allegation impinges on the professional standards of a person. Where the allegation or statement directly focuses on this standard, an action for libel may prove to be successful. However, where the base of an allegation revolves around ones ethics or moral standards, the potential claimant should be cautious before filing an action before the Court of Magistrates in Malta.
For further information on libel and defamation contact Dr Peter Fenech or Dr Luigi Fenech or any other member of Iuris Advocates.