Malta’s Ombudsman Slams Blanket Gag on Teachers’ Free Speech as Breach of Democratic Norms

Author: Aamnah Fatima Khan

May 6, 2025

HRRC commends the Ombudsman’s firm stance in upholding educators’ freedom of expression. This decision marks a vital reaffirmation of democratic values and the right to speak without fear.

Education Minister Clifton Grima announcing the 2024-2030 National Education Strategy in 2023 [Image source: Malta Independent]

On May 1st, Malta’s Education Ministry's controversial directive requiring teachers to obtain prior approval before speaking to the media was declared a violation of educators' constitutional right to freedom of expression. The ruling came after an inquiry by the Ombudsman's Office, overseen by Education Commissioner Vincent De Gaetano, following complaints from the Union of Professional Educators (UPE) and centrist party Momentum.

The directive, which was released on September 25, 2024, applied to all educators –from learning support personnel to school principals–and required that their public statements strictly adhere to ministry regulations, banning personal or politically sensitive opinions. Critics, notably the Faculty of Education at the University of Malta, described the move as a "troubling encroachment" on educators' rights and a loss of democratic ideals.

The Ombudsman concluded that the directive imposed a blanket gag order on all levels, going beyond ordinary public sector communication guidelines. This, according to the court, not only inhibited public conversation but also threatened to restrict critical thinking, ironically, a virtue widely acknowledged to be missing in Malta's education system.

While the ministry eventually published a less robust follow-up circular in March 2025, it did not invalidate the initial order, thus, its restricted implications remained. The Ombudsman criticized the endeavor as unsuccessful retrenchment, calling for clear standards that distinguish between administrative personnel and ordinary educators, allowing the latter to talk openly about work-related issues without fear of disciplinary action. 

Education Minister De Gaetano stated that such restrictions "cannot, by any stretch of the imagination, be considered reasonably necessary in a modern democratic society". Momentum and UPE both applauded the ruling, calling it a "resounding victory" and "an excellent 1 May gift" for teachers in Malta. The case raises larger questions about the balance between civil service requirements and democratic liberties in public education.

---

Glossary

• Affirmation – A declaration that something is true; confirmation or support of an idea or belief.

• Blanket gag – A broad or sweeping restriction that prevents a group (e.g., educators) from speaking publicly or expressing opinions.

• Breach – A violation or breaking of a law, rule, or agreement.

• Centrist party – A political party that holds moderate views, avoiding extremes of left or right ideologies.

• Commend – To praise or express approval of someone or something.

• Directive – An official instruction or order issued by an authority.

• Encroachment – Intrusion on a person's rights, territory, or freedom.

• Endeavor – A serious or determined effort to achieve something.

• Invalidate – To make something null and void; to declare it legally or officially unacceptable.

• Inhibited – Held back or restrained from acting or expressing freely due to fear or social pressure.

• Ironically – Using words that suggest the opposite of what you intend, usually to be humorous, funny, and witty.

• Norms – Rules or expectations that are socially enforced.

• Ombudsman – An official appointed to investigate individuals’ complaints against public authorities or organizations.

• Retrenchment – The act of reducing costs or pulling back, often involving a scaling down of policies or positions.

• Robust – Strong and effective; sturdy or capable of withstanding pressure or criticism.

• Virtue – A quality considered morally good or desirable in a person.

• Vital – Absolutely necessary or essential for life, success, or functioning.

---

Sources

1. https://timesofmalta.com/article/restrictions-teachers-speaking-violates-freedom-speech-ombudsman.1109007 

2. https://www.maltatoday.com.mt/news/national/134757/ombudsman_slams_education_ministrys_gag_on_teachers_free_speech

3. https://timesofmalta.com/article/teachers-now-get-written-permission-speak-media.1100394 

4. https://lovinmalta.com/education/teachers-free-speech-violated-ombudsman-blasts-government-directive/ 

5. https://www.independent.com.mt/articles/2025-05-01/local-news/Ombudsman-slams-directive-restricting-teachers-media-appearances-as-free-speech-violation-6736269757