Malta: Address weak anti-SLAPP law, on ninth anniversary of the murder of Daphne Caruana Galizia

Image credit: Pippa Zammit Cutajar

16 October 2026 – On the ninth anniversary of the murder of Maltese journalist Daphne Caruana Galizia, PEN International joins CASE members in calling upon the Prime Minister of Malta to address the country’s weak anti-SLAPP law and to ensure better protections for public interest speech. 

16 October 2026

Dear Prime Minister,

Today, on the ninth anniversary of the brutal murder of Daphne Caruana Galizia, we are contacting you as members of the Coalition Against SLAPPs in Europe (CASE) to reiterate our concerns about Malta’s Anti-SLAPP Law and call for you to be more ambitious in protecting public interest speech. CASE’s members are spread across Europe but wherever we are, Daphne’s murder was deeply felt. It was a stark reminder that without high-level dedication to the protection of journalists, and proactive, ambitious and bold action, the sort of journalism that Daphne epitomised and is found across the continent will forever be at risk. 

Daphne’s murder did not happen in a vacuum and one of the ways she was targeted was through Strategic Lawsuits Against Public Participation, or SLAPPs. At the time of her assassination Daphne was facing 43 civil and five criminal libel suits. Suits that her family, while mourning, inherited and needed to fight on her behalf. Daphne’s assassination sparked a Europe-wide movement to stamp out SLAPPs, protect public interest journalism and stand up for the ability to challenge power and ensure no one is beyond accountability. CASE is part of this movement, created to honour Daphne’s memory and to ensure that no one else will ever face what she had to endure. Unfortunately, Malta’s Anti-SLAPP Law, passed on 31 July 2024, falls far short of offering the necessary protections, making Daphne’s case less a cautionary tale and more a road map that others may follow.  

The EU Anti-SLAPP Directive - often called “Daphne’s Law” - was not a definitive anti-SLAPP legislative mechanism. It establishes a set of minimum standards that Member States could work towards. The European Commission and the Council of Europe explicitly recommended countries to adopt legislation that goes beyond these minimum standards, for example by extending protection to domestic cases. Several Member States, among which Poland, Belgium and France, have done so to ensure the legislation renders actual protection at the domestic level. Malta unfortunately did not. Instead it replicated the Directive’s limitations, such as covering only cross-border cases leaving domestic cases untouched. This means that were she still alive, Daphne would have likely found no solace for the majority of cases brought against her.  

However, the door is not closed on making the improvements that can send a powerful signal to everyone in Malta that lessons have been learnt. Existing anti-SLAPP legislation should be amended to meet the standards of European Commission and Council of Europe Recommendation, including robust and comprehensive protection against domestic libel suits and the abolition of the inheritance of libel suits. The pending media reform bill, reportedly due to be tabled to Parliament by the government in the coming weeks, offers an opportune moment to introduce such reforms. Addressing the current shortcomings and listening to the voices of those taking to the streets will send a powerful and inescapable message that the Maltese government will no longer look away. 

Nine years ago today, Daphne was killed by a car bomb metres from the family’s home. In the years that have followed, her family’s opportunity to grieve has been robbed from them as they have been forced to fight for what everyone should be entitled to - truth, justice and accountability. Last month’s verdict reminds us that this fight is far from over. We continue to stand with her family and the people of Malta who have taken to the streets. 

Justice delayed is justice denied. Yet by taking steps to improve on the anti-SLAPP law, Malta can ensure that justice in Malta is not just found on the banners of the protesters who have taken to the streets of Valletta and across the country, but something that sits at the heart of Maltese democracy. CASE and its members across Europe stand ready to support and offer its expertise to ensure Daphne’s legacy can be protected through robust, accessible and universal anti-SLAPP protections. 

Kind regards,

Members of the CASE Coalition 

• Daphne Caruana Galizia Foundation

• Index on Censorship

• SLAPP Watch Coalition Turkey

• Frente Cívica, Portugal

• Bulgarian Anti-SLAPP Coalition

• Association of European Journalists-Bulgaria

• Pro Publico

• Institute for Mass Media, Cyprus

• European Federation of Journalists (EFJ)

• Trade Union of Croatian Journalists

• The Good Lobby Italia

• Association Justice and Environment

• Environmental Management and Law Association

• Foundation Atelier for Community Transformation - ACT (BiH)

• The Peace Institute Ljubljana, Slovenia

• Human Rights Centre Ghent University

• South East Europe Media Organisation (SEEMO)

• Free Press Unlimited (FPU)

• Civic Initiatives (Serbia)

• Croatian Journalists’ Association (HND)

• International Press Institute (IPI) Grup de Periodistes Ramon Barnils

• FIBGAR Baltasar Garzón International Foundation

• Xnet, Institute for Democratic Digitalisation

• Rettet den Regenwald, Germany

• Umweltinstitut München, Germany

• Wikimedia Europe (WMEU)

• Committee to Protect Journalists (CPJ)

• German Journalists Union (dju in ver.di), Germany

• Blueprint for Free Speech e.V. (Germany)

• Civil Liberties Union for Europe

• PEN International

• Presseclub Concordia, Austria

• IFEX

• Whistleblowing International Network (WIN)

• NGO Shipbreaking Platform, Belgium

• The Bureau of Investigative Journalism, UK

• Osservatorio Balcani Caucaso Transeuropa (OBCT)

• European Centre for Press and Media Freedom (ECPMF)

• Reporters Without Borders (RSF)

Note to editors:

• For further details contact Aurélia Dondo, Head of Europe and Central Asia Region at PEN International: [email protected]

• For media queries, please contact  Sabrina Tucci, Head of Communications and Campaigns at PEN International: [email protected]