Maltese judge rejects enforcement of US defamation case that awarded €660m in damages

The Maltese Civil Court dismisses a request to enforce the judgment of a US court that awarded €660 million in defamation damages • Amount of damages goes against Malta's public order because it can have a chilling effect on freedom of expression

Judge Toni Abela ruled that the amount of damages awarded by the US court would contradict Malta's belief that freedom of expression should be protected by limiting libel damages
Judge Toni Abela ruled that the amount of damages awarded by the US court would contradict Malta's belief that freedom of expression should be protected by limiting libel damages

The Maltese Civil Court has rejected a request to enforce a multimillion-euro defamation judgment handed down by a US court, ruling the decision is incompatible with Malta’s legal framework and public order.

Judge Toni Abela dismissed the request made by Mehmet Tatlici to enforce a judgment from the Circuit Court of Florida that awarded him €659,932,000 in damages following a defamation case against Ugor Tatlici.

In his ruling, Abela identified several legal and procedural issues that prevented the enforcement of the US judgment in Malta.

The court noted that the documents submitted by the claimant were incomplete. The ruling from the Florida court was presented with redactions, and the court stated it was unable to verify whether the full judgment complied with Maltese laws.

“It is not up to a deputy clerk of a foreign court to determine what should be included in the judgment,” the ruling stated. “Without the full decision, this court cannot assess whether the ruling contains elements contrary to Malta’s public order.”

The court further pointed out that enforcing such a significant financial penalty without a clear justification in the judgment was against Malta’s legal principles. Under Maltese law, defamation damages are significantly lower than the amount awarded in the Florida case.

The judgment also addressed concerns that the US ruling could be classified as a Strategic Lawsuit Against Public Participation (SLAPP). The court highlighted Malta’s stance against excessive financial penalties in defamation cases, noting that high damages could have a chilling effect on freedom of expression.

“The State of Malta prioritises the right to freedom of expression over excessive financial deterrents,” the judgment reads. “Allowing the enforcement of this ruling would open the door for foreign defamation judgments to be used against Maltese citizens.”

Additionally, the court found jurisdictional flaws in the case. Although Ugor Tatlici had acquired Maltese citizenship through the Individual Investor Programme, he was not living in Malta. The court ruled that it lacked jurisdiction to enforce the foreign judgment under Maltese law.

Given these legal and procedural obstacles, the court ultimately ruled against enforcement of the Florida judgment. It ordered Mehmet Tatlici to bear the legal costs of the case.