Mark Camilleri is claiming that his rights to freedom of expression were breached after a criminal court ordered that criminal action be taken by the police against him for breaching a court ban by publishing thousands of messages between Labour MP Rosianne Cutajar and Yorgen Fenech.
Camilleri had published the chats while a defamation suit against him, filed by MP Rosianne Cutajar, had begun.
Camilleri's lawyers Joseph Mizzi, Deborah Chappell and David Bonello argue that the order to investigate the publication breached Camilleri's freedom of expression, and the right for the public to receive information of public interest.
They argued that journalists depend on the protection of sources and that these sources benefit from the right to remain anonymous and protected.
They argue that their client denies that he obtained the logs from criminal proceedings and denies breaking the court order.
They argue that Camilleri had a fundamental right in publishing the Whatsapp chats leaked by a third party.
They also argue that Camilleri's right to a fair hearing was breached as the order by the court to investigate the contempt of court was given without hearing his defence.