Freedom of Speech Wins in Malta Over Conversion‑Therapy Laws

The case began when a 33‑year‑old Christian man in Malta told his story on TV about leaving a gay lifestyle to become a born‑again believer. The interview, aired in 2022 on PMnews Malta, was later used by LGBTQ activists to file police reports. They argued the man’s words were a form of “marketing” for an organization that promotes conversion therapy, which Malta’s 2016 law forbids.

The law is the first of its kind in Europe. It makes it illegal to advertise or perform practices aimed at changing a person’s sexual orientation or gender identity. The man became the first to be charged under this act, and a magistrate had to decide whether his story crossed the line into criminal territory.

After three years of legal work, a magistrate ruled that the man and two journalists were not guilty. The judge found no evidence that the TV interview was an advertisement for a prohibited conversion service, nor that it fit the strict definition of “conversion practice” in the law. The court compared the interview to normal public debates and said that talking about controversial topics is not criminal.

The decision was praised by advocates of free speech. Lawyers said the charges violated basic rights to freedom of expression under both Malta’s constitution and European human‑rights law. They argued the man had simply shared his personal journey, not promoted a banned therapy.

The judge also highlighted that the law allows counseling or psychotherapy for people who want to explore their identity, as long as it does not aim to change them. The court warned against treating public discussion of contested issues as a crime.

This verdict is significant beyond Malta. Other countries, including the UK and parts of Australia, have adopted similar bans on conversion therapy. The case shows how legal systems can balance protecting vulnerable groups with safeguarding free speech.

The activists who filed the reports did not comment on the outcome. The man thanked his supporters and said he believed the prosecution was politically motivated.