Placing restrictions on teachers’ right to speak out in public violates their freedom of speech, the Ombudsman’s office ruled.
Education Commissioner Vincent De Gaetano said a circular issued by the ministry effectively cast a blanket prohibition on all teachers and educators from commenting on anything that has to do with teaching and education.
“This blanket restriction is clearly in violation of teachers’ and educators’ right to freedom of expression since such a limitation cannot, by any stretch of the imagination, be considered to be reasonably necessary… in a modern democratic society,” De Geatano said.
Education Minister Clifton Grima has insisted he has no issue with teachers publicly expressing their views on specific education policies.
According to the policy, which was widely criticised, educators who obtain permission to speak to the media must ensure that their comments reflect education ministry policies and objectives, and refrain from promoting their “personal opinions”.
Any educator who breaches the policy will be referred to the department for educational services for “review and ensuing action”.
The Education Commissioner said it is “not clear what possessed” the ministry to issue the directive.
“When one considers that what is greatly lacking in our education system is critical thinking, it beggars belief that anyone in the educational establishment should require that educators’ comments must reflect the policies, guidelines and objectives of the ministry responsible for education,” De Geatano said.
The directive effectively extended restrictions placed on civil servants, who are also forbidden from speaking to the media without permission, to teachers, academics and heads of schools across the country.
Instead of revoking the directive, De Geatano noted how the ministry “attempted a retrenchment” by issuing a follow-up directive in March.
The new circular refers to a 2011 directive on political participation and communication with the media applicable to the entire public service.
De Geatano, a former chief justice, recommended that the ministry issue proper guidelines so that teachers not engaged in significant managerial roles are free to express their personal opinions about matters touching their area of work without fear of repercussions.
Momentum welcomed the decision, calling it an excellent May 1 gift for educators.
The party said the request for an investigation by the Ombudsman’s office was instigated by Momentum and taken up by the Union of Professional Educators.
