General Workers’ Union chief, Tony Zarb, has won €2,000 in libel damages after being called a fascist.
The term, which the court deemed defamatory, libellous, false and aimed at tarnishing Mr Zarb’s reputation, was used by the former director general of the Chamber for Small and Medium Enterprises – GRTU, Vince Farrugia.
The GWU’s general secretary had sued for libel after Mr Farrugia accused him of being a fascist and was inciting people to commit violence. Mr Farrugia was speaking during a TVM programme on February 24, 2012.
Magistrate Francesco Depasquale found that Mr Farrugia’s accusation did not constitute fair comment, as he claimed.
When he made his accusation, Mr Farrugia was speaking about a meeting of the Malta Council for Economic and Social Development when precarious employment was discussed.
According to the minutes presented in court, during a meeting on November 14, 2011, Mr Farrugia had referred to workers being protected by the GWU as “rats”. This and the altercation that ensued during the meeting was added to the minutes on the insistence of the GWU, the court heard.
During the TV programme, Mr Farrugia said the media campaign attributing the said comment to him was a manipulation by the GWU and formed part of a systematic campaign. He wondered how he could have made such a comment if he was not even present.
However, the magistrate noted that when the minutes were approved nobody objected to the part that the GWU had asked to be added.
The court said there had to be balance between freedom of expression and someone’s right to protect his reputation. In this case, it added, Mr Farrugia had crossed the line because his assertions were not corroborated.