Correct me if I’m wrong, but doesn’t the Carnival Board vet the subject of all the floats taking part and gives its go ahead prior to the start of construction? What happens if the Board refuses to grant the permit on grounds of ‘injurious content’? What happens if a permit is granted, the politician feels aggrieved, and sues in court for slander?

Wouldn’t this be tantamount to political censure?

The European Court in the Sunday Times case decided in favour of freedom of expression and so reporting and comments on court cases are welcome and desirable and do not fall foul of the law.

On the other hand the sub judice rule still exists in the context of contempt of court rules. Contempt of law still exists as an offence in common law and Maltese law. Therefore misleading press reports may now still be found to be in contempt of court. In 2009 Irish broadcaster RTE was found to have breached the sub judice rule as it carried a report that could have prejudiced a trial.

[Daphne – No, David, you have it wrong. Contempt of court with respect to publication is VERY SPECIFIC, and almost always deals with a direct trangression against an express order – e.g. the court rules that the testimony of witness X should not be published, and a newspaper publishes it anyway. That is contempt of court.]

[Daphne – That’s a value judgement. The law is something else. The law allows you to speculate. Whether it’s nice to do so is something else.]