Two articles penned by columnist Daphne Caruana Galizia were declared by a court of appeal not to be defamatory against the former right-wing Azzjoni Nazzjonali Repubblikana spokesman.

The court overturned a 2015 judgment then delivered in favour of Martin Degiorgio following the articles penned in The Malta Independent on Sunday.

The articles penned in 2006 titled 'Black shirts and blacker hearts' and 'Martin and friends make the news', the writer compared Mr Degiorgio to local far-right activist Norman Lowell prompting the aggrieved party to file libel proceedings against the columnist.

A magistrate's court had upheld the plaintiff's claim and ordered Ms Caruana Galizia to pay €2,400 in damages.

The court of appeal, presided by Mr Justice Anthony Ellul, observed that although the use of the word 'fascist' could be seen as harsh, this was simply a critique of the position taken by Mr Degiorgio alongside other members of Alleanza Nazzjonali Repubblikana, on the subject of immigration.

The court noted that the writer had not simply branded Mr Degiorgio "fascist" but had also explained to her readers that the term refers to a person who is "suspicious of all 'foreigners', and minority groups, and regards human rights as dispensable if they do not serve the interests of the nation, or if they are a hindrance to achieving the objectives of the fascist movement."

This definition was intended to help readers understand how the writer had reached her value judgment on Mr Degiorgio's views on immigration, which were stirring up an environment of intolerance towards immigrants.

Unlike the first court, the court of appeal was of the view that the term 'fascist' was not intended to insult but rather to highlight the fact that the plaintiff and his fellow activists believed that immigrants had no place in our society and had protested their beliefs in public.

The court declared that Ms Caruana Galizia was "clearly expressing her opinion based on the positions taken by the persons mentioned in the articles, on the subject of immigration in Malta."

For this reason, the court revoked the judgment of the magistrate's court and declared that the articles in question were not defamatory.