MP’s article on Malta Football Association was ‘fair comment’
Former MFA President Dr Joe Mifsud loses libel case when court decrees article published in local newspaper adhered to the concept of freedom of expression found in democratic societies.
A libel suit filed by former Malta Football Association President Dr Joe Mifsud against The Malta Independent and former Sliema Wanderers president Robert Arrigo was turned down by the court, after the magistrate stated that the published article was in line with the concepts of pluralism and tolerance within a democratic society.
The case related to an article written by Arrigo, now an MP, and published on May 17, 2005 entitled “The MFA and the EU”.
Mifsud felt aggravated and alleged that the article made false claims that he had a political agenda and had tried to ridicule the EU. The article read that irrelevant of the right of footballers from EU countries to play in any member state, Mifsud did not agree with such regulations simply to protect the local youth sector. A libel was filed against the author, Robert Arrigo and Stephen Calleja, as Editor of The Malta Independent.
The defendants argued there was no malicious intent and that the newspaper had published the MFA’s right of reply to the article. Moreover the article stated facts. After Malta’s accession into the EU, the MFA instituted regulations limiting the number of foreign players on local teams. The regulations were considered by the EU as being in breach of its own regulations. However prior to starting infringement proceedings, the EU held discussions with the Maltese government.
Magistrate Francesco Depasquale upheld the defendant’s arguments and decreed the article was a fair comment, in line with the concepts of pluralism, tolerance and freedom of speech found in a democratic society.