Issue link: https://maltatoday.uberflip.com/i/1503089
NEWS 9 maltatoday | WEDNESDAY • 5 JULY 2023 Owen Bonnici condemns River of Love pastor's abuse of criminal law to stifle artists MARIANNA CALLEJA RIVER of Love pastor Gor- don-John Manche should have pursued civil remedies instead of resorting to criminal action, Culture Minister Owen Bonn- ici said as he opened the Sec- ond Reading of amendments to protect artistic expression. "If the person who felt wronged had opted for a civ- il remedy, even if I personally still would have disagreed with them, I would have accepted it all as a matter of civil nature," Bonnici said in parliament on Tuesday. Speaking during the second reading of the legal amend- ment which seeks to protect artistic expression, Bonnici emphasised the critical impor- tance of denouncing criminal charges faced by three artists for expressing their views. Criminal proceedings had first been instituted last year by the police on a complaint by Manche, against satirist Matt Bonnano, who said the River of Love church should be re- located to Buġibba and car- pet-bombed. In June, it was revealed that stand-up comedian Daniel Xuereb was set to be charged in relation to the comments he made about Manche dur- ing a comedy skit. A few days later, Malta woke up to learn that Teatru Malta artistic di- rector Sean Buhagiar was also questioned by the police for re- peating previous quips against Manche. In a speech replete with refer- ences to William Shakespeare's Hamlet and other authors that shook the world with their writings, Bonnici said the gov- ernment wanted to stop the misuse of criminal law to stifle artistic expression. He drew a distinction between past cas- es of censorship where artists were persecuted by the State and the current situation. "Where is the government now?" Bonnici rhetorically asked, before affirming that it is standing foursquare behind artists due to their "vital role in a democratic society." Bonnici made it clear that the act of charging an artist with criminal offences, whether in the past or the present, was un- justifiable. "Taking artists to court as if they were criminals simply for carrying out their profession- al duties was a red line that should never be crossed," he firmly reiterated. Minister Bonnici clarified three key aspects of the amend- ments. To benefit from legal pro- tection, an artist's expression must be categorised as artistic. "The distinction shall be made to ensure that non-artistic in- teractions, such as arguments in public spaces, shall not fall under the same protective um- brella," he explained. Even within artistic expres- sion, insults will only be toler- ated as long as they do not pose "credible and realistic" threats to the offended person's free- dom or personal safety. Bonnici said the amend- ments will not dilute sepa- rate legal provisions regarding hate speech. "The provisions against hate speech remain in- tact to prevent the promotion of hatred or violence based on factors like gender, religion, or sexual orientation," Bonnici said. The amendments are being proposed to the Criminal Code and the law regulating elec- tronic communications. Legal amendment seeking artistic expression protection will get unanimous backing The Nationalist Party will vote in favour of the legal amendment which seeks to protect artistic expression, with PN MP Julie Zahra tabling a minor amendment. "Artists have the right to ex- press themselves always, even in difficult circumstances," Zahra said. The PN is proposing widening the scope of the amendment to refer to "any artistic or cultural expression" rather then "artis- tic, satirical, or comic expres- sion" as is being proposed by the government. The MP, who is also a singer, emphasised that she still con- siders herself part of the artistic community in Malta and there- fore strongly advocates for the protection of artists' rights. "An artist should never feel censored and harassed... We must always safeguard freedom of expression and protect the rights of artists." Beppe Fenech Adami also in- tervened, appealing to the gov- ernment to accept the proposal being put forward by the Op- position. PN MP suggests outright re- moval of insults as offence On a personal note, PN MP Mark Anthony Sammut said parliament should consider removing insults as an offence outright from the Criminal Code in line with jurispru- dence of the European Court of Human Rights that has insisted freedom of expression should also mean the right to offend. Sammut added that when criminal action was taken against the three artists it was not only their right as artists that was breached but their fundamental human rights as persons. "Everybody's right to freedom of expression should be protected and not just that of artists, or artistic expres- sion," Sammut said. He also disputed certain argu- ments floated in the public do- main that the police are obliged to proceed with criminal action if a complaint is filed. "This does not make sense... the po- lice have a duty to investigate but if they find the complaint is frivolous it should be dismissed outright." Culture Minister Owen Bonnici condemns River of Love pastor Gordon- John Manche for resorting to criminal action to stif le artists instead of pursuing civil remedies as Second Reading of amendments to protect artistic expression gets underway Culture Minister Owen Bonnici (inset) said River of Love Pastor Gordon John Manche (above) should have pursued civil remedies instead of resorting to criminal action