Malta / Court of Magistrates / Pulizija v Brandon Bonello

Country

Malta

Title

Malta / Court of Magistrates / Pulizija v Brandon Bonello

View full Case

Year

2018

Decision/ruling/judgment date

Tuesday, January 30, 2018

Incident(s) concerned/related

Other forms of hate speech

Related Bias motivation

Religion
Race/Ethnicity
Migrant status

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Court of Magistrates (Criminal Judicature)

Key facts of the case

Case deals with accussations of incitment to racial hatred and misuse of communication techncology by the accussed by posting in a facebook group statements that were considered offensive. The complaint was brought by a Muslim Maltese Citizen who considered herself aggrieved by the post. Speaking about the complainant, the accused posted: “Tmur tihdu fox kemm anda … awnhekk edin pajjizna .. ahna religjon wihed biss … huma guests iridu jimxu al ligijiet tagna … ma jogobomx?? Fuck off back to your country!” (She can go f** herself, here we are in our own country...we have only one religion...they are guests and should following our law...they don't like it?

Main reasoning/argumentation

The court notes that the analysis of the responsibility of the accused must not only consider the words he placed himself but also the context in which they are placed, including the words by others. Moreover, court notes that freedom of expression has limitations. Whilst comment may jump the line of mediocrity, it may not jump the limits established by law. That said, in this case, the court notes the comments as an expression of the accused’s views and not one intended to or likely to stir up racial hatred.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The key issue in this case revolved around whether the court considered the intention of the accussed as being that of stiring up racial hatred. The court determined this not to be the case.

Results (sanctions, outcome) and key consequences or implications of the case

Not guilty.

Key quotation in original language and its unofficial translation into English with reference details

"Illi din il-Qorti jidhrilha li l-analiżi dwar ir-responsabbilta o meno tal-imputat ma tridx tikkonċentra biss fuq il-kliem pubblikat mill-imputat, bħala frażi waħedha u fl-astratt, iżda wkoll trid titqies fil-kuntest ta’ dak li jkun qed jiġi miktub minnu u minn ħaddieħor; mhux l-inqas il-lok fejn il-kumment ikun sar u ċirkostanzi oħra li jkunu jduru miegħu."

" In the view of this court, the analysis of the responsibility or otherwise of the accused can't centresely on the words published by the accused, but also must consider the context of what is being written by him and others, as well as the place where the comment is made and other surrounding circumstances. "

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