A libel suit filed by Tony Zarb against Karl Stagno Navarra was yesterday dismissed by Magistrate Michael Mallia after the court ruled that an online declaration carried in the portal maltarightnow.com was fair comment.
Mr Zarb had complained of a feature carried on maltarightnow.com on January 26, 2005. The feature was entitled Kompetittività: Tony Zarb jikkomprometti n-negozjati. Imur fuq Super One TV u jheggeg appogg ghall-MLP. Il-unions urtati lesti jkomplu bla GWU. (Competitiveness: Tony Zarb compromises negotiations. He appears on Super One TV and encourages support to the MLP. The unions are irritated and willing to go ahead without the GWU).
He had also complained of an editorial carried on the portal on the same occasion entitled Ir-ragun u l-ghazla tal-GWU (The reason and choice of the GWU).
According to Mr Zarb, the features were libellous because they alleged that the discussions about the social pact had failed because of him and also because he had encouraged the people to attend a national protest organised by the Malta Labour Party.
Magistrate Mallia pointed out that it was true that discussions about the new social pact were under way at the time. It was also true that an agreement had been reached between all the social partners that while negotiations were ongoing none of them would speak to the media.
It resulted that Mr Zarb, on behalf of the GWU, believed that it was in the interest of his union for him to violate this agreement and to have recourse to the media. Mr Zarb had appeared on a programme on Super One, a station which belonged to the MLP, to discuss a national protest the MLP was organising.
It was also a fact that during this programme Mr Zarb and Charles Mangion, the MLP's deputy leader, had supported each other.
These facts, the court noted, were reported in the feature written by Mr Stagno Navarra. The latter had added his comments to these facts. Magistrate Mallia said he saw nothing wrong with this as Mr Stagno Navarra had observed journalistic ethics and was exercising his right to fair comment.
A comment could be fair even if it was prejudiced or not correct.
Although Mr Zarb denied having encouraged the public to attend the MLP protest, the fact that he had participated in a programme in which the protest was discussed exposed him to Mr Stagno Navarra's comments.
The court therefore dismissed the libel suit.