Teenager charged with calling Silvio Zammit ‘clown’ acquitted

Court of appeal acquits girl charged with defamation for calling circus organiser ‘a clown’ during a protest against animal circuses.

A 16-year-old girl who three years ago calling circus organiser “a clown” during a protest three years ago has been acquitted of all charges.

The court of appeal turned a judgement the teenager who was initially found guilty of defaming organiser Sivlio Zammit.

The incident dates back to December 2010 during an anti-circus protest held in Floriana. During the protest, a number of activists called Zammit a clown after he insisted that animals kept in circuses were not mistreated.

The police had arraigned two youths, accusing them of defaming Zammit. Even tough Zammit had said he “forgave” the protestors, the youths were handed a six-month conditional discharge.

Appealing the judgement, the teenager said the police could only proceed against her on the complaint of the injured party. She insisted that calling a person a clown (purcinell)during a protest cannot be held as defamatory.

Mr Justice Lawrence Quintano explained that the Maltese Courts have previously excused the use of words much worse that 'clown' during protests. "In an environment of a protest were participants voice their disapproval for something, the use of the word 'clown' should be accepted in a democratic society", the judge said.

The Court of Appeal revoked the judgment of the previous court, nullified the conditional discharge and acquitted the youth of all charges.