Prosecution of Maltese Man for Discussing Transition from Homosexuality Ends in Acquittal

We have been discussing the erosion of free speech rights across Europe, particularly within the European Union. The crackdowns on free speech in the United Kingdom, Germany, and France are often the focus of these columns. However, a recent case shows how smaller countries like Malta have joined this effort with a repressive vigor. Fortunately, the prosecution of Matthew Grech, 33, ended in acquittal this month, but not for a lack of effort by the government. The case should shock the conscience of anyone who values this “indispensable right.”

Grech faced up to five months in prison and a fine of 5,000 euros ($5,400) after he discussed his own history abandoning a homosexual lifestyle to become a born-again Christian. Not only did the government prosecute him for discussing his life, but it also charged journalists Mario Camilleri, 44, and Rita Bonnici, 45, for interviewing him.

It was a full frontal attack on both free speech and the free press. The prosecution was brought under Malta’s “Affirmation of Sexual Orientation, Gender and Gender Expression Act.” The law makes it a crime to perform or advertise practices aimed at changing or suppressing a person’s sexual orientation or gender identity.

Grech was the first to be prosecuted under the law after LGBTQ activists filed criminal complaints against him following his interview.

Silvan Agius and Christian Attard filed a report alleging that a related Facebook post and the subsequent interview advertised illegal conversion practices and promoted their “efficiency.”

Cynthia Chircop, a volunteer with the Malta LGBTIQ Rights Movement, filed a report with the Cyber Crime Unit that the video had “triggered emotions” of isolation she experienced as a teenager.

The government alleged that the interview constituted “marketing” for the International Foundation for Therapeutic and Counseling Choice, an organization associated with Grech that advocates such transitioning away from homosexual lifestyles.

However, Magistrate Monica Vella ruled that sharing a personal account does not constitute marketing the procedures.

She sought to protect “free exploration and development.” However, the law itself was not struck down. The acquittal was secured on the basis that it was a personal account and not marketing.

The country still criminalizes programs that seek to help those who want to transition away from homosexual practices or lifestyles. In my view, such programs should be considered protected under free speech, religious, and associational rights.

Advocates in the United States have attempted analogous bans by other means. Roughly 23 states have laws banning conversion therapy for minors. The Supreme Court recently heard the case of Chiles v. Salazar, a challenge to Colorado’s ban on conversion therapy for minors.