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FREEDOM OF INFORMATION UNDER MALTESE LAW1
By Kevin Aquilina
1.
Constitution Aspects of Freedom of information Legislation
In Malta, freedom of information is contemplated in two distinct fundamental freedoms’
enactments. The first is contained in article 41 of the Constitution of Malta2 and the
second in Article 103 of the First Schedule to the European Convention Act, 1987.4 The
latter enactment incorporates into Maltese Law the Council of Europe’s Convention on
Human Rights and Fundamental Freedoms and the First, Second, Third and Fifth
Protocols thereto. The text of the said Convention and the First Protocol thereof are
contained in an Act of the Maltese Parliament and the Maltese Courts are empowered
under the European Convention Act to declare ordinary legislation (other than the
Constitution of Malta) which runs counter to the Convention and First Protocol as being
null and void to the extent of their inconsistency with the rights and freedoms set out in
the European Convention Act.5
1 Dr. Kevin Aquilina, M.A., LL.M., LL.D., Ph.D. (Lond.), Senior Lecturer, Department of Public Law,
Faculty of Law, University of Malta.
2 Article 41 of the Constitution of Malta provides for freedom of expression and freedom of information. It
reads as follows:-
‘(1) Except with his own consent or by way of parental discipline, no person shall be
hindered in the enjoyment of his freedom of expression, including freedom to hold opinions
without interference, freedom to receive ideas and information without interference, freedom
to communicate ideas and information without interference (whether the communications be
to the public generally or to any person or class of persons) and freedom from interference
with his correspondence.’
3 This article reproduces verbatim the text of Article 10 of the European Convention of Human Rights and
Fundamental Freedoms.
4 Chapter 319 of the Laws of Malta.
5 A law has been enacted by Parliament and published