The Court of Magistrates has acquitted three individuals charged with illegally advertising conversion practices, ruling a 2022 interview in which a guest shared his personal experience did not constitute a criminal offence under Maltese law.

In a judgment delivered on Wednesday, Magistrate Monica Vella found Matthew Grech, 33, Mario Camilleri, 44, and Rita Bonnici, 45, not guilty of all charges, concluding that the prosecution failed to establish either the required criminal act or intent.

The charges stemmed from an interview broadcast on 6 April 2022 on the PM News platform.

The programme was streamed live on Facebook and later uploaded to YouTube and the PM News website.

During the broadcast, Grech, a resident of Attard and Secretary General of the political party ABBA, described himself as an "ex-gay" and spoke about his transition from what he termed a homosexual lifestyle to a heterosexual one following a spiritual conversion at age 19.

Camilleri, from Siġġiewi, and Bonnici, from Qormi, were the programme's presenters.

The police reports

Proceedings were initiated following two separate reports filed in May 2022.

On 14 May, Silvan Agius and Christian Attard lodged a report at the Rabat Police Station with PC 2430 Neil Farrugia.

They alleged that a related Facebook post and the subsequent programme advertised illegal conversion practices and promoted their "efficiency".

On 18 May, Cynthia Chircop, a volunteer with the Malta LGBTIQ Rights Movement (MGRM), filed a report with the Cyber Crime Unit.

She testified that the video had "triggered emotions" of isolation she experienced as a teenager.

She argued that the programme served as a "marketing" exercise for the International Federation for Therapeutic & Counselling Choice (IFTCC), with which Grech was associated.

Witness testimony

During the proceedings, the court heard testimony from the complainants and the accused.

Silvan Agius, described in court as a human rights professional who contributed to the drafting of Cap 567 of the Laws of Malta, the Affirmation of Sexual Orientation, Gender Identity and Gender Expression Act, testified that the broadcast amounted to an offence because it implied that LGBTIQ identity was a "malady" requiring a cure.

He argued that Grech appeared on the programme not merely to recount a personal story but as a representative of IFTCC and ABBA, promoting content related to practices prohibited by law.

Cynthia Chircop referred to descriptions on the IFTCC website offering services for individuals with "unwanted same-sex attractions".

She said that although Grech mentioned "talk therapy", the broader context of the platform was to disseminate information about practices that are illegal in Malta.

Presenters' testimony

Bonnici and Camilleri testified their intention was to provide a platform for freedom of expression.

Bonnici told the court that she had sent messages via Facebook to members of the LGBTIQ community inviting them to participate in the discussion in order to ensure balance, but received no response.

Camilleri said he had challenged Grech during the programme, asking whether the therapy he described amounted to suppression.

Grech told the court that his journey was "spiritual, not medical".

He stated that, as a Christian, he believes homosexuality is a sin and that the Gospel teaches restraint of certain desires.

He said he condemned aversion methods and only endorsed what he described as talk therapy.

Michael Robert Davidson, chairman of IFTCC, testified as an expert witness.

He said Grech was not a representative of conversion therapy but was valued by the organisation for his communication skills and personal testimony.

Davidson distinguished between coercive practices, which he described as "bad therapy", and what he termed responsible exploratory therapy that respects individual autonomy.

Advertising conversion therapy

The court addressed the definition of "advertising" under Chapter 567.

Magistrate Vella noted that a specific definition of advertising was introduced through Act XIII of 2023, nearly a year after the April 2022 broadcast.

Applying that definition retroactively to conduct that occurred before the amendment would breach the principle that criminal laws cannot be applied to the detriment of an accused person after the fact, the court held.

Freedom of religious expression

The magistrate also addressed the scope of religious expression.

In the judgment, she stated individuals in Malta have the right to speak and promote their religious beliefs, whether atheist, Catholic, Christian, Buddhist, Islamic or Orthodox.

She compared the broadcast to public debates on other controversial issues, noting that discussion of a subject does not in itself amount to criminal conduct.

The court held that the physical act required for the offence was absent.

Sharing a personal life experience, even one involving a claimed change in sexual orientation through professional help, did not amount to advertising a prohibited practice.

The court further found no evidence of intention.

It concluded that the prosecution had not proven that the services mentioned in the programme fell within the scope of illegal practices under the law in force at the time.

Magistrate Vella stated that an interpretation allowing prosecution of presenters for inviting guests to speak about personal experiences would not reflect the spirit or intention of the legislator.

Matthew Grech, Mario Camilleri and Rita Bonnici were consequently found not guilty and acquitted of all charges.