Blogger Daphne Caruana Galizia today filed an appeal from a court judgement in which she was ordered to pay €3,000 in compensation to former journalist Julia Farrugia after being convicted of libel.
Magistrate Francesco Depasquele ruled last month that statements repeatedly made by Ms Caruana Galizia and reader comments on her blog included insinuations which did not constitute fair comment.
The court had rejected defence arguments that Ms Caruana Galizia was not responsible for comments submitted by readers, given that she had the facility to remove comments.
In her appeal, Ms Caruana Galizia argued that although she insisted she was not responsible for comments submitted by readers, her appeal was being restricted to the claim that statements on her blog did not constitute fair comment.
She argued that everyone’s fundamental right to freedom of expression was guaranteed by the Constitution and the European Human Rights Convention and libel was an exception to this right.
She argued at the European Court of Human Rights was the highest court in the matter and although the court quoted several ECHR judgements, these were not taken into consideration in its decision.
The ECHR pointed out that a careful distinction had to be made between facts and value judgements and while the existence of facts could be demonstrated, the truth of value-judgements was not susceptible of proof.
It argued that as regarded value-judgements, this requirement infringed freedom of opinion itself, which was a fundamental part of the right secured by the convention.
The court pointed out that freedom of expression constituted one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment.
It was applicable not only to ‘information’ or ‘ideas’ that were favourably received or regarded as inoffensive but also to those that shocked, offended or disturbed.
It reiterated that a degree of exaggeration, or even provocation, was permitted to the press, which had a duty to comment on matters of public interest.
Joe Zammit Maempel signed the appeal.