Free Speech and Censorship- Task 2

"Congress shall make no law respecting an establishment of religion or prohibiting its free practice, or abridging the freedom of speech or the press, or the right of the people to peacefully assemble and petition the Government for a redress of grievances." Congress passed the First Amendment to the United States Constitution on September 25, 1789. On December 15, 1791, the Constitution was ratified.

The First Amendment, one of the ten amendments to the Bill of Rights, guarantees that anybody living in the United States has the freedom to hear all sides of any subject and make their own decisions without government interference or limitations. Individuals have the right to talk, publish, read, and see whatever they want, and to worship (or not worship) as they please under the First Amendment. Freedom of speech is a philosophy that supports an individual's or a community's right to express their thoughts and beliefs without fear of retaliation, censorship, or legal repercussions. The United Nations has recognized the freedom of expression as a human right in the Universal Declaration of Human Rights and international human rights law. Free speech is protected by constitutional legislation in several countries. In political discourse, terms like free speech, freedom of speech, and freedom of expression are interchangeable.

According to Freedom House's 2020 Freedom in the World survey, Malta is considered "free." However, other events of concern have occurred in recent years, including threats to freedom of expression and the press through the use of SLAPPs, as discussed in the section below on 'Expression.' The assassination of investigative journalist Daphne Caruana Galizia in 2017 was the most detrimental to the country's human rights record. Press freedom watchdogs have called attention to issues of freedom of expression and the treatment of journalists in Malta. Several organizations expressed concern about journalist intimidation in 2019, citing two incidents: 1) when journalists were temporarily barred from leaving the Prime Minister's Office, and 2) when security officers attempted to confiscate a Times of Malta journalist's phone while the journalist was covering a session of parliament.

In class, Mario Schiavone presented and discussed with us journalism students the topic of free speech and censorship. He stated that in Malta there is still much intolerance over journalists and general journalism. He stressed that the libel does not only speak to a journalist but to the creator who made the libel. Something that hit me from saying this phrase; ''Journalism should be the fourth pillar in today's society''. He firmly believes that the journalist should have all the tools to do his job properly. He mentioned another important point. The press cards in his view must pass through the press club and not be given to everyone as it is nothing. As for ethics, Maria Schiavone feels a lot about the subject. He used to talk to journalists who were still in process of becoming journalists; Do not do what anyone else does, if you do not want to.

At a debate on free speech at the start of the year, Mario Schiavone from the Malta Institute of Journalists (IGM) said the Freedom of Information Act, which allows journalists to request data from the government that is in the public interest, is not being respected.“At least 40% of all our requests to government departments have not even been entertained on the grounds that the data requested is commercially sensitive,” he said. In class, we talked also with Ranier Fsadni. Ranier mentioned the protection of journalists. He stated that journalists require certain libel protections not to obtain a 'pass' that others do not. It's because, unlike ordinary citizens, they routinely investigate and make claims about government leaders. They are bound to make mistakes; yet, this is an unintended consequence of the public service they provide. They require a safe haven for genuine errors (although proved malice and culpable disregard for the truth will still result in punishment).

The issue is that the press fails to communicate the underlying concepts. As a result, many readers will continue to misunderstand the concept of press freedom. "We do live in a world where freedom of expression is viewed as a gift from on high, rather than an inalienable right that states must respect,". When this view of the public domain is recognized, the rightful role of the authorities (police or otherwise) becomes clearer. It's not about containing and policing debate. The third person that we met was Robert Aquilina. Robert Aquilina is a Notary Public who graduated from the University of Malta with a Doctor of Laws degree in 2005. In the aftermath of the assassination of Daphne Caruana Galizia, he became involved in campaigning in October 2017. Robert was one of Repubblika's co-founders and the organization's first Secretary-General.

President of the Repubblika Robert Aquilina also mentioned Caruana Galizia's assassination, saying that both the state and civil society had failed Daphne by abandoning her. "But we pledged to ourselves that we'd never do it again," he explained. "We've learned our lesson; we've taken the inquiry's findings to heart and adopted the judges' recommendations," Aquilina added. "However, we now expect the state to follow suit". Aquilina asked that the government cease delivering contradictory messages and make it plain that journalists and activists seeking the truth were heroes, not traitors. He claimed that disinformation campaigns like the one currently underway "are an act of violence against journalists and free activists, and an even larger act of violence against democracy and the freedom to information." He emphasized that the impending general election provided no justification for allowing such deceptions to flourish.