Several NGOs have expressed grave concern over a magistrate's decision which acquitted a man of charges of hate speech after he posted a foul-mouthed rant against a Maltese Muslim girl.

A complaint was filed by social inclusion campaigner Sara Ezabe after Brandon Bartolo wrote on far-right Għaqda Patrijotti Maltin’s Facebook page:  "Tmur tihdu f'.. kemm anda … awnhekk edin pajjizna .. ahna religjon wihed biss … huma guests iridu jimxu al ligijiet tagna … ma jogobomx?? F... off back to your country!'".

Sara Ezabe

Yet, the court in its judgment said: "The comments showed a strong concern that this country and the EU faced great challenges posed by uncontrolled illegal immigration and that the efforts made so far have not succeeded in tackling the issue."

The NGOs said they felt the court's decision gives a message that it is not only an acceptable, but also a legitimate exercise of the right to freedom of expression, to express strong anti-Muslim sentiments and to state that members of this religious faith have no place in Malta.

They said they were also "deeply upset" about comments made by the magistrate, as reported in the local media, finding them irrelevant, populist and also factually incorrect.

"In expressing those views, the magistrate (Joe Mifsud) essentially condoned anti-migrant sentiment instead of upholding the human rights values our Courts of Laws are intended to promote."

In his judgment, the magistrate said: "When one extreme comment is made, then you start to see a number of others becoming emboldened and encouraged to do the same, by firing off comments recklessly, without attention, measure and limits... dragged by the delirious and mistaken belief that they have the right to say what they like, how they like and however they feel they should say it.”

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He went on: “Rather, there is a sentiment that the Maltese are being discriminated against in the sense that the media is giving more attention, importance and coverage to the complaints that affect the immigrants than those that affected the Maltese. But then there is a massive drop in the quality of comments that go beyond freedom of expression and criticism about the situation of immigration in Malta and its effects on Malta and the Maltese.”

Statements which clearly incite hostility against members of a particular faith, and violate the prohibition on discrimination and the right to freedom of conscience and religion, cannot and should not be accepted as legitimate- NGOs

In a statement, 15 NGOs said it is extremely worrying that one of the highest authorities in the country condones the use of such hostile and denigrating language against anyone, particularly when it is because of a personal identity characteristic such as religion, sexual orientation, gender, disability or their race.

"Condoning such behaviour risks undermining not only the rights of members of the group directly targeted, but also the right of each and every one of us to be treated with respect, regardless of who we are or what we believe in. While it is true that the law protects the right to freedom of expression and, to some extent, the right to offend, this freedom is by no means absolute."

The NGOs pointed out that the European Convention on Human Rights specifically states that the Convention should not be interpreted as allowing anyone, be it the government or an individual, to behave in a way aimed at the destruction of the rights and freedoms laid down in the Convention.

"Statements which clearly incite hostility against members of a particular faith, and violate the prohibition on discrimination and the right to freedom of conscience and religion, cannot and should not be accepted as legitimate in a democratic society founded on respect for human rights and fundamental freedoms. Such tirades do not only damage, annoy and offend the individual concerned, they also run counter to and undermine the values on which we claim our society is based," the NGOs argued. 

The judgment ironically came days after Ms Ezabe said she was determined not to let the online hate and prejudice deter her activism after she was honoured by Forbes magazine.

The statement was issued by aditus foundation, The Critical Institute, Drachma LGBTI, Drachma Parents Group, Integra Foundation, International Association for Refugees , Jesuit Refugee Service (Malta), KOPIN, Malta LGBTIQ Rights Movement (MGRM), Migrant Women Association Malta, National Foster Care Association, Platform of Human Rights Organisations in Malta (PHROM), SOS Malta, Troup 18:45 and the Women’s Rights Foundation.