THIRD ANNUAL MALTESE JOURNALISTS CONVENTION

Organised by The Malta Press Club

18 October 2001

SELECTION OF ABSTRACTS

Right of Privacy versus Right of Information

Dr Peter Grech:
The existence of free media, capable of carrying out proper investigative journalism and of informing the public debate, is a condition for the functioning of the democratic system and for the effective exercise of the fundamental right to freedom of expression.

On the other hand, a legal system that does not recognise the individual's right to be left alone in certain circumstances cannot be defined as one which respects the dignity of the individual which fundamental human rights are essentially about.

The fair balance between the right to freedom of expression and the right to privacy and the extent to which these rights compliment each other are therefore matters of paramount importance to individuals, to the press and broadcasting media, and to democratic society in general.

The extent to which unauthorised intrusions into a person's private life can be permitted on the basis of an overriding public interest and that to which the dissemination of information to the public may be restricted for the purpose of protecting privacy are questions which are necessarily central to the debate on the role of the media.

In this context, the role of self-regulation by the media and the availability of legal and extra-legal remedies are also important factors in the process of determination of the proper balance."

Nikol Baldacchino:
The term "information" derives from the Latin word "formation" and "form". No right is absolute and therefore the right of information has its own limitations. There's always going to be information which has to remain protected to protect not only national and public interest but also the right of privacy.
The Siamese twins case raised not only various ethical issues but also questions concerning the value of life, the parents' suffering and not least the doctors' dilemmas. If a news item is going to cause suffering then the journalist must have a very valid reason why s/he would want to publish it.

Privacy of Suspects, Victims and Sub Iudice

Magistrate Dr Silvio Meli:
The right to privacy during judicial proceedings is synthetically discussed within the greater ambit of the dichotomy that exists between the opposing poles of confidentiality and transparency. The rights of the individual to a fair hearing and of society to be well-informed must both be actively pursued. Obviously, as at times these may be at odds with each other severe clashes ensue. The proper resolution of this dilemma ensures not only serenity of judgement but also the fostering of a flourishing democratic society.

These issues are then briefly analysed in the light of extant legislation. It is imperative that local journalists be professionally well-prepared to uphold the delicate balance between the rights of the individual and of civil society thereby avoiding manipulation.

Minister Dr Tonio Borg:
Fid-dinja mghaggla tal-lum, u bil-firxa tal-pluralizmu fix-xandir, l-effett ta' publicita' fuq il-privatezza ta' l-individwi, l-aktar dawk involuti fil-processi kriminali, ghadu ma giex studjat bizzejjed f'pajjizna. Donna wkoll li dehlin f'fazi gdida ta' rapportagg ta' processi kriminali, investigazzjonijiet ta' reati, u wisq nibza' li jekk ma nirregolarizzawx il-pozizzjoni, l-aktar permezz ta' l-awto-dixxiplina. Bhal f'kull haga ohra f'pajjizna naqilbu min-nejja ghal mahruqa. Filli konna f'sitwazzjoni li jekk imqar tghid nofs ta' kelma fuq xi hadd, anki jekk fil-hajja pubblika, kienu jkaxkruk il-Qorti, u filli ninsabu f'sitwazzjoni li donnha la ghandha limiti, la ghandha regoli, u lanqas parametri.

Hu importanti li nahsbu sew f'dal qasam, ghax m'hemmx dubju li b'4-5 stazzjonijiet televisivi nazzjonali, bhalma gara anki f'pajjizi ohra, il-processi kriminali waqt li huma ghaddejjin, u l-investigazzjonijiet kriminali li ghadhom lanqas biss immaturaw f'processi, isiru ta' spiss "items" sensazzjonali ta' ahbarijiet.

Joe Mifsud:
The limits in which the press is or - in a wider sense - the media are performing have always been set by the law. But it is clear that the law can only allege some minimal standards and that it is not in the interest of press freedom that the law establishes comprehensive principles. The counter weight to a liberal press law is the self-regulation of the press and the consciousness of its responsibilities.

Conflict of Interest and Deception

Dr Anna Mallia:
Sensitive subjects like the issue of whether Malta should become a member of the European Union are high on the agenda of the local media. But little does the media tell its public about the conflict of interest, if any, that its contributor may have when writing in favour of or against the subject.

This paper argues that the local media is deceiving the public when it fails to provide information about the relationship between the contribution and the contributor. It also discusses whether advertising and other factors are hindering the local media from providing a better service to its public.

The author argues that the time has come to make it mandatory on the local media to provide the public with this information.

Dr Roger de Giorgio:
This paper looks into the use of deception and impersonation by journalists and questions whether this method of reporting is legitimate. Essentially it is a matter of ethical concern since it questions the truthful conduct of and by journalists. The paper analyses various methods resorted to like undercover reporting, impersonation and misrepresentation.

The paper looks into occasions when the journalist legitimately feels obliged to impersonate or misrepresent in order to obtain information for a story which is in the public interest to publish. This may seem all the more justifiable when there is no conventional and proper way to obtain the story.

The paper concretely cite cases and examples of deception and highlight the difficult choice faced by journalists when resorting to such methods in order to obtain a significant story. The paper tries to establish and define the fine line between a journalist always acting truthfully and the acquisition of information by a journalist by means of deception

The Malta Press Club - 12 years After - the Next 5 years

Frans Ghirxi:
Do Maltese journalists want The Malta Press Club or not? What did we do in these last 12 years to justify ourselves when we say that we have a Press Club today? What are we doing so that in the next five years our Press Club will not only still exist, but also continue to grow and develop?

These are direct questions aimed at each and every one of us in this profession. Pluralism in broadcasting has created a diverse range of opportunities for those who are interested in journalism. Journalism has developed at a satisfactory rate. This happened while technology revolutionised every aspect of journalism: print, radio and television.

The Malta Press Club's ability to broaden its horizons depends on each and every Maltese journalist. The existence of The Malta Press Club depends on us. What is each and everyone's position, as journalists, in this respect?

Lou Bondi':
That Maltese journalists should have a Press club is beyond doubt. What it should be doing, however, is not. To address this question, the PC's very nature and policies need to be placed in the context of Malta and its abnormal media and journalism landscape.

Is The Malta Press Club helping to improve standards in practice and to deliver better journalism to its consumers? Is it in tune with the daily interests of working journalists and is it acting as their proactive professional bulwark? Is it responding to the key problems resulting from the political ownership of media? Does TMPC have too many ties - direct and indirect - to political, institutional and commercial interests?

As someone who has so far refused to become a TMPC member because of its performance, the author looks forward to changing his mind in the next few years.

Gino Cauchi:
Journalism in Malta has gained a lot from the process of pluralism in the broadcasting field. Since then there was a monopoly for the state Television and radio station and competition was on only amongst the print media.

New faces, new journalists, and above all a harsh competition to win audiences, came along with pluralism.

This also made the Maltese public much more eager to obtain first hand information about anything that goes on, mostly in the local scenario. Thus journalists gained more, importance then they used to have, becoming more influential on the public opinion.

This fact is today imposing a big weight on the local journalists. They need to be factual without loosing their right to comment. They have the right to go in dept and investigate any matter of public interest. Obviously in doing so, ethical questions should be answered but this matter should never serve as a deterrent to hold back any journalist from giving light to any particular story.

Most of all, what is still lacking amongst the local journalists is unity. And this will be something very difficult and at the moment remote to obtain.

Carmel Bonello:
What are local journalists doing to support The Malta Press Club? Are they more inclined to criticise that which is being achieved rather than to enrol in TMPC with a view to bringing about the required change in a sensible, planned and democratic manner?

Notwithstanding that The Malta Press Club has been surrounded by angels of gloom and doom from its very conception, TMPC has not only managed to survive but it has embarked on various worthwhile initiatives in the fields of ethics, education and professionalism in journalism. TMPC's history is clear evidence of its success.

Bonello, a founder member of The Malta Press Club, maintains that a great deal more could have been achieved in the first 12 years of TMPC if the majority of Maltese journalists had contributed their fair share. It is now time for Maltese journalists to move from words to positive action.

There is a great deal more that Maltese journalists should aim to achieve in the coming years. Four perspectives are proposed in his paper. These could be adopted if and when Maltese journalists decide to embark on a managed professionalisation process.

If Maltese journalists want to be highly respected not only in Malta but also abroad, they should seriously consider the benefits of being united in TMPC, with the platform it provides for both dialogue and positive action.