Magistrate Joe Mifsud appealed to Parliament to decriminalise defamation, noting the contradictory situation in Malta which embraced freedom of expression but also punished certain instances where views were aired publicly.
"The court notes the contradictory situation existent Malta where, in a democratic society which embraces the belief in freedom of expression, a person who expresses his views in public is subjected to the possibility of both civil and criminal procedures being taken against him. Regarding the latter, there are still situations which may still lead to an effective jail term."
Magistrate Mifsud was delivering a judgment on a criminal libel case, filed after a Xewkija local councillor was alleged on Facebook to have had an adulterous relationship with the wife of his friend.
The court dismissed the criminal libel after it noted that the case had been filed too late.
Inspector Frank Tabone had charged Mario Degiorgio with slandering the name of George Zammit, a councillor on the Xewkija Local Council.
Mr Zammit and the Mr Degiorgio had once been great friends, but this friendship had come to an end when Mr Degiorgio found out that the Mr Zammit had had an...
