De Gaetano deemed the circular as completely unnecessary in a “modern democratic society” and recommended that directives which allow educators not in significant managerial roles to speak freely be issued.

“This is an excellent 1st May gift for education workers,” Momentum Secretary General Mark Camilleri Gambin said.

In September 2024, the Department of Educational Services issued Circular DES 28.2024, mandating that all educators obtain written approval from their line managers before participating in any media engagements related to educational matters. Furthermore, any approved statements were required to align strictly with the Ministry’s policies, prohibiting the expression of personal opinions or politically sensitive content. ​

This directive faced significant criticism from educators, unions, and academic institutions. The Faculty of Education at the University of Malta labeled the restrictions as a “troubling encroachment” on educators’ freedom of expression, emphasizing that such measures undermine the role of educators in fostering democratic values.

Conclusions to the investigation published today confirm critics concerns as the circular was described as a “clear violation of teachers’ and educators’ right to freedom of expression.”

“Such a limitation cannot, by any stretch of the imagination, be considered to be reasonably necessary – in other words, required by a pressing social need – in a modern democratic society,” the document reads.

De Gaetano recommended that the Education Ministry issue proper guidelines and directives which allow teachers and other educators who are not engaged in significant managerial roles to be free to express their personal opinions related to their work “without let or hindrance and without fear of disciplinary proceedings or other negative repercussions.”

Do you agree with the Ombudsman’s conclusions?