A libel action filed by Fgura local council against the Nationalist Party and against the newspaper In-Nazzjon was yesterday dismissed by Magistrate Michael Mallia.

The local council filed its writ in 2001 against Joe Saliba, as PN secretary general and against John Zammit, editor of In-Nazzjon.

The council claimed it had been libelled by a declaration issued by the PN entitled "Stqarrija PN" (PN statement) with the sub-title of "Arroganza mis-Sindku Laburista tal-Fgura" (Arrogance by Fgura Labour mayor) published in the newspaper on September 6, 2001.

The council said the PN had alleged that a council meeting had started prior to the established time and the mayor had moved a motion without there being a quorum.

Magistrate Mallia ruled that the court had to decide, prior to examining the merits of the case, whether a local council, as an abstract entity, could be defamed and awarded moral damages as this was an action normally reserved for physical persons.

Case law had established that local councils were not protected at law in the same manner as physical persons in terms of the Press Act. The judgments had established that an action for moral damages, in terms of the Press Act, could be availed of only by the person who considered himself to have been defamed.

If the individuals composing a commercial company or a co-operative felt libelled then it was up to those individuals to file libel cases and not up to the abstract entity of which they formed part.

The court thus dismissed the libel writ.