The Union of Professional Educators (UPE) has taken a decisive stand against Circular DES 28.2024, which imposes strict restrictions on educators wishing to engage in media appearances. In a formal letter to Ms. Borg Saliba, Director General of Educational Services, the UPE has outlined significant concerns regarding the impact of the circular on the fundamental right to freedom of expression.
The circular mandates that educators obtain prior written consent from their line managers before participating in any media discussions and requires them to align their comments with the Ministry for Education’s policies. While the UPE acknowledges the importance of maintaining professionalism in education, it argues that these requirements are excessive and infringe upon educators’ rights.
Key concerns highlighted by the UPE include:
1. Violation of Constitutionally Guaranteed Rights: Article 41 of the Constitution of Malta explicitly protects individuals’ freedom of expression, including the right to communicate ideas without interference. The circular’s bureaucratic hurdles jeopardize this fundamental right, restricting educators’ ability to freely share their expertise on matters of public interest.
2. Contravention of European Human Rights: The UPE points to Article 10 of the European Convention on Human Rights, which safeguards the right to freely express views and disseminate information. The pre-approval process for media engagement risks creating an atmosphere of self-censorship among educators, undermining vigorous debate necessary for a healthy democracy.
3. Impact on Public Discourse: Educators play a critical role in societal discussions surrounding educational reform, pedagogy, and policy. The UPE asserts that curtailing their ability to speak freely dilutes public debate and diminishes the quality of information available to the community.
4. Chilling Effect on Expression: Fear of reprimand from unsanctioned media appearances may lead educators to abstain from valuable community discussions, further eroding public awareness of critical educational issues.
5. Deprivation of Valuable Insights: The restrictions imposed by the circular not only harm individual rights but also deprive society of the insights and expert opinions of educators, which are vital for informed public discourse.
Therefore the UPE requested the immidiate withdrawal of the circular DES 28.2024.
In the meantime the UPE will issue a directive for all UPE members, which encourages them to assert their right to engage openly in media appearances and to challenge any undue restrictions set forth in the circular. This directive serves to protect our members and reinforce our collective stance on the importance of freedom of expression within the educational sector.
This directive will come into effect immediately.
Members of the UPE are directed to openly engage in media appearances as part of your right to freedom of expression; you are protected in opposing the restrictions of Circular DES 28.2024, and should seek support from the UPE if faced with any repercussions.
UPE representatives stressed that “the freedom of expression is essential for educators to fulfill their professional roles effectively.” The directive will take immediate effect, reinforcing the union’s commitment to protecting its members’ rights.
The Union has also asked the Education Ombudsman to investigate this circular.
