A Civil Court yesterday turned down an application for a warrant of a prohibitory injunction filed by a Maltese fortune-teller to stop the TV programme Xarabank from broadcasting footage that was filmed in her home without her knowledge and consent.

The application for a warrant of a prohibitory injunction was filed against Peppi Azzopardi director of Where’s Everybody and the Public Broadcasting Services after Xarabank broadcast a programme about fortune telling and ancillary practices in Malta.

The applicant, Janet Bonnici, complained that Where’s Everybody had breached her right to privacy when they took footage of a session without her knowledge held in her house.

In her judgement, Madam Justice Anna Felice, noted that Ms Bonnici runs her activity as a fortune-teller in her house, against payment.

“People pay money for her ‘services’, which are given in her house. Her house has become the place where she runs her business,” said Madam Justice Felice.

She also noted that the right to privacy has to be balanced against the right of expression.

The court ruled that the aim of the programme was to inform the public of the “objectionable practices” of fortune-telling, placing a curse and making contact with spirits.

“It is in the public’s interest to know what is going on in the country and the exploitation of vulnerable people has to be made public and, if possible, eliminated,” the court said.

Madam Justice Felice went on to say that “the court insists that it is the journalist’s duty to reveal these practices.”

The court also ruled the subject matter was not sensationalist – it is not only of interest to the public but there is an intrinsic public interest because the “damage that might be caused, even if only psychological, is serious”. The judgement also referred to guidelines issued by the Broadcasting Authority in the use of hidden recording equipment which states that “the use of hidden microphones and cameras should only be considered where it is necessary to the credibility and the authenticity of the story”.

The guidelines also state that the “when recording does take place secretly, the words or images recorded should serve an overriding public interest that would justify the decision to gather the material, the actual recording and the broadcast”.

Dr Anthony Cremona appeared for Peppi Azzopardi and Where’s Everybody, while Dr Joseph Refalo and Dr Mark Refalo appeared for PBS. Dr Mario de Marco and Dr Josette Grech appeared for Ms Bonnici.