An analysis of the Media Freedom Act in relation to the protection of freedom of expression : Malta’s perspective

Abstract

The European Media Freedom Act is a recent Regulation through which the European Union aims to protect media independence and pluralism, responding to concerning trends in media freedom across Member States. Malta is no exception, with persistent challenges in its media landscape, particularly in rela8on to transparency, the protection of journalists, state influence, and a polarised culture deeply intertwined with politics. This dissertation critically analyses whether the European Media Freedom Act will strengthen the protec8on of freedom of expression, with a particular focus on Malta’s media landscape. Media independence is essen8al for the functioning of a healthy democracy and the effective exercise of freedom of expression, despite the lack of a precise definition for the term ‘media freedom’. The right to freedom of expression is examined through international instruments, national legislation, and relevant case law at both the national and international levels. By analysing the right of freedom of expression, the European Media Freedom Act, and the Maltese media landscape, this study concludes that the Regulation will safeguard the protection of the right to freedom of expression by strengthening the independence of the media from both state and non-state actors, including online platforms. Nevertheless, its effectiveness will ultimately depend on the proper implementation and enforcement by Member States, despite the Regulation’s direct applicability. Malta stands to benefit from the Regulation’s provisions, notably the transparency requirements concerning media ownership and state advertising, the reinforced independence of public service media providers, and the strengthened protection of journalistic sources. Although there have been no notable efforts by Maltese legislators to implement the Regulation thus far, it represents a promising step toward improving the national media landscape. However, further reforms will be necessary to fully address the challenges faced within Malta’s media environment.