Implementation of the EU anti-SLAPP Directive in Malta

02 August 2024

In a summary transposition of the EU anti-SLAPP Directive known as Daphne’s Law, Malta has missed the opportunity to provide comprehensive anti-SLAPP protection and to set a positive example for other countries.

In a joint letter to the Prime Minister and Minister of Justice, aditus, Repubblika, and The Daphne Caruana Galizia Foundation set out preliminary observations on Malta’s national anti-SLAPP legislation.

Malta is still in time to address the shortcomings outlined in the letter and others that may yet be identified. Government’s promised, and much-delayed, White Paper on reforms should include proposals for amendments to Malta’s anti-SLAPP legislation, and other measures to ensure that the national anti-SLAPP regime provides meaningful and comprehensive protection against abusive litigation in both cross-border and domestic cases.