Revenge porn: Marsa pensioner is first to be charged under new law

A pensioner from Marsa has become the first person to be charged with circulating revenge porn in Malta.

In an arraignment before Magistrate Monica Vella earlier today, Inspector Paula Ciantar charged the man with the crime of non-consensual disclosure of private sexual photographs or films, which was introduced by Act XXXVII earlier this year.

He was also charged with misuse of electronic communications equipment and with trying to extort money from the victim.

Inspector Ciantar explained how on November 1, she had received a report that a woman was being blackmailed with nude photos that she had sent to a man with whom she had been chatting online for the past two years.

The woman had sent him the nude photos through several forms of social media, but declined the man's sexual advances. After this approach failed, the spurned man had allegedly looked the woman up on Facebook and threatened to send the pictures – which the court was told are around 200 in number - to the woman's husband.

After the deadline he imposed came and went without his wish being granted, he told the woman that he would withhold them if she paid him €1,000.

When the woman persisted in her refusal, the accused had contacted the woman's son and had shown him a picture of the woman's breasts, the inspector said.

This act, which is understood to have happened on Tuesday or Wednesday, prompted the woman to go to the police.

Defence lawyer Carm Mifsud Bonnici entered a plea of not guilty on behalf of the accused.

“The woman had sent over 200 nude pictures so I think it is a solicitation,” he argued, adding that there was a difference between blackmail and things done in anger.

The police had exhibited all the evidence so there was no reason for the court to withhold bail, he argued.

The defence denied that the man had committed blackmail, although it conceded that his actions were wrong. Mifsud Bonnici explained that the accused had effectively been in a relationship of sorts with the victim for some time and had spent a long time hoping in vain.

Inspector Ciantar explained that long before the woman had gone to the police, she had sought assistance from Victim Support Malta who had sent the accused a judicial letter, warning him that he would be facing criminal proceedings if he persisted in his harassment.

Not only did he continue, but he had looked up the lawyer who filed it, Roberta Lepre, on Facebook where he told her that the woman “had been teasing him” on the social networking site.

The prosecuting officer pointed out that not only had the accused threatened the woman but he had then followed through with his threat.


The defence retorted, pointing out the large number of pictures indicated that the allegation that the woman had led him on were true.

The woman was terrified and humiliated, the inspector submitted, as she objected to the man's release.

“There may be other people who could come forward.”

In addition, the man had proved difficult to trace as he no longer lived at the address registered on his ID card. It was only after the police made contact with the man's children did they succeed in tracing him, she said.

The court declared that it was of the opinion that the accused should be granted bail against a deposit of €2,000 and a personal guarantee of €5,000 on condition that he does not contact the victim in any way, sign a bail book three times per week and observe a curfew.

Lawyer Arthur Azzopardi, appearing parte civile for the woman, pointed out that despite being granted bail, the accused would have to spend a minimum of 24 hours in custody as the offences were so-called scheduled offences.

A protection order in favour of the woman was also issued at the prosecution's request.

Inspector Ciantar requested the court order the man surrender his Facebook password in order to block any further spreading of the material. The court upheld this unopposed request.