Study-Unit Description

Study-Unit Description


CODE MCT2011

 
TITLE Press Law

 
UM LEVEL 02 - Years 2, 3 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 4

 
DEPARTMENT Media, Communications & Technology Law

 
DESCRIPTION This study-unit addresses the the laws regulating the press. Emphasis will be placed on the Press Act as well as freedom of expression. The provisions of the Press Act, the Criminal Code and the European Convention Act will be discussed from a press law point of view.

(a) Plea of justification – exception veritatis - by the accused at the preliminary stage of the proceedings if the aggrieved person is a public officer, a professional, active in politics or occupies a public position of trust (Art. 12[1]), proof of truth – il-prova tal-verita' (Art. 12[2]);
(b) Defence pleas which could be raised by accused against case of defamation include: prescription; fair comment; animus injurandi (lack of intent to defame); animus jocandi (humour); animus retorquendi (tit-for-tat); animus consulendi (intent to give advice); diritto di cronaca (to keep public informed); qualified privilege (to prove accurate reporting (12[A]);
(c) Court's judgment to be published in newspaper or to be broadcasted in case of conviction for libel under Article 11 (Art. 20);
(d) Right of reply to be published or broadcasted by any person whose intention has been misinterpreted or subjected to attack on his honour, dignity or reputation, or to an intrusion on his/her private life (Art. 21);
(e) Applicability of another law including the Criminal Code;
(f) Criminal and Civil proceedings against the author, the editor or the publisher; the latter in the case that the author and the editor would be unknown (Art. 23) or against a person making a public speech whose speech would be published or broadcasted whether in toto or in part (Art. 24A);
(g) In defamation cases (Art. 11) Civil Court may award additional damages to person libelled not exceeding € 11,646.87 (Art. 28);
(h) Trade libels (Art. 29);
(i) Privileged publications – in pursuance of an Act of Parliament, by authority of the President of Malta, communications between public officers or official of public corporations, reports of inquiries, bona fide reports from parliamentary debates, reports of court proceedings (Art. 33);
(j) Criteria and obligations pertaining to newspaper editors, publishers (Art. 34, 35, 37, 39, 51);
(k) Obligations pertaining to broadcasting editors and broadcasting licensees (Art. 35, 36, 38, 39, 40, 44);
(l) Punishments – imprisonment and/or fines - for conviction and contraventions under the Press Act;
(m) On seeking redress before the Court of Magistrates; drafting, filing and the iter of the judicial proceedings; safeguarding electronic copy of news broadcasting, formal confirmation by means of certificate of editor from Press Registrar (Art. 52); right of appeal from Court of Magistrates' judgment (Art. 48);
(n) Journalistic freedoms (Art. 46); access to information by Government (Art. 47);
(o) Media in a democratic society;
(p) Press law and right to privacy.

Study-unit Aims:

This study-unit is aimed at enabling students to study the laws regulating the press in Malta. This study-unit will assist students to find the relevant laws and to interpret press laws by reference to Maltese case law and the case law of the European Court of Human Rights.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:

- establish which are the applicable rules regulating the press;
- understand which are the competent organizations which play a seminal role in the regulation of the press;
- list the relevant provisions of Maltese Law on the subject;
- examine the inter-relationship between human rights law and press law.

2. Skills:

By the end of the study-unit the student will be able to:

- write on the laws regulating the press.
- write on the competent authorities which plays a role in the regulation of the press.(c) write on the relevant provisions of Maltese Law on the subject.
- write on the inter-relationship between human rights and press law.

Main Text/s and any supplementary readings:

Main Text:

- Kevin Aquilina, Media Law in Malta, in International Encyclopaedia of Laws Series, Wolters Kluwer Law and Business, The Netherlands, September 2014, 248 pp.

Supplementary Readings:

- Kevin Aquilina, Human Rights Law: Selected Writings of Professor Kevin Aquilina, Department of Media, Communications and Technology Law, Faculty of Laws, University of Malta, Msida, Malta, October 2018, 795 pp.
- Kevin Aquilina, ‘The Legal and Regulatory Framework of the Maltese Media: A Critical Appraisal’, in Joseph Borg, Adrian Hillman and Mary Anne Lauri, Exploring The Maltese Media Landscape, Allied Publications, Valletta, Malta, 2009, pp. 103-117.
- Kevin Aquilina, ‘Diffusing Confusion: Classifying Statutory Sources Regulating Maltese Media Law’, Id-Dritt Law Journal, Volume XXI, March 2011, pp. 441-467.
- Kevin Aquilina, ‘The Mass Media’s Role in Strengthening Democracy in an Information Society: A Critical Legal Appraisal’, in Raul Juez Zaffaroni and Mario Caterini (eds.), La Sovranità Mediatica: Una riflessione tra etica, diritto ed economia, CEDAM Casa Editrice Dott. Antonio Milani, Milan, Italy, June 2014, pp. 37-59.
- Kevin Aquilina, ‘Protection of Journalistic Sources in Maltese Law: An Appraisal from the Viewpoint of the European Convention of Human Rights’, International Journal of Public Law and Policy, Volume 1, Number 3, 2011, pp. 245-263, and Sylvia Mercado Kierkegaard (ed.), Law Across Nations: Governance, Policy and Statutes, Nicosia, International Association of IT Lawyers, 2011, pp. 507-525.
- Kevin Aquilina, ‘The Media and Defamation Act 2018: A Critical Appraisal’, in Rev Joe Borg and Maryanne Lauri (eds.), Navigating the Maltese Mediascape. Kite Group, B’Kara, October 2019, pp. 41-75.
- Geoffrey Roberston and Andrew Nicol, Media Law, Fourth Edition, Penguin Books, London, 2002.
- William Zammit, L-Istorja ta' l-Istampar f'Malta, Pubblikazzjonijiet Indipendenza (PIN), Pietà, 2006.

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM1 Yes 100%

 
LECTURER/S Kevin Aquilina

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit