A photo of Maltese actress and OccupyJustice activist Pia Zammit in Nazi costume, splashed on the front page of It-Torċa with a story linking her to Nazism was “in bad faith” because the editor knew that photo was taken during a comedy, a court heard on Thursday.

The actress had sued the newspaper over the story and a follow-up published in August 2019, insisting they were libellous.

The photo was one of hundreds taken backstage during a performance of the wartime comedy ‘Allo  Allo', a popular BBC sitcom of the 70s presenting a parody of French Resistance against the Nazi. The local production had been staged at the Manoel Theatre in 2009, wherein Zammit had played the role of Michelle Dubois, a member of the French Resistance.

Lawyer Joseph Zammit Maempel, representing Zammit said It-Torċa had published a write-up about that play back in 2009, meaning that the editor knew about the production when publishing the latest story in August, and he had been given an explanation for the photo beforehand.

“He knew about it and he knew about Pia Zammit’s role in the play,” Zammit Maempel said. Moreover, the matter had not stopped there, but had been followed by a two-page spread where it was stated that posing in Nazi costume was disgusting, offensive and insensitive.

Aron Mifsud Bonnici, representing editor Victor Vella, said the editor had a right to express disagreement over the photo of the actress using the Nazi symbol, that was making the social media rounds.

“The controversy lies in making fun of Nazism,” argued Mifsud Bonnici, adding that it had been no “candid photo” but one wherein the actress had been fooling around, posing in Nazi costume.

“Doing something silly about matters of great importance is insensitive,” the lawyer said.

When testifying in an earlier sitting, the actress had stated that of all the insults she had received in the past two years, being called a Nazi was the worst.

The court, presided over by magistrate Rachel Montebello, put off the case for judgment on December 3.