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12 maltatoday | SUNDAY • 19 MAY 2024 LETTERS & LAW Letters to the Editor Law Report Remembering Nakba: A continuous tragedy of atrocities in Palestine AS we commemorate 76 years since Nakba, the catastrophic displacement of Palestinians in 1948, it is imperative to shed light on the ongoing atrocities and horrors inflicted upon the Pales- tinian people in Gaza, the West Bank, and East Jerusalem. The Nakba was not a singular event in history books; rather, it represents a continuous cycle of suffering and injustice perpetuated by Israeli occu- pation and aggression. In Gaza, Palestinians endure relent- less bombardment, siege, and econom- ic deprivation, resulting in unimagina- ble human suffering and loss of life. The blockade imposed by Israel has turned Gaza into an open-air prison, depriving its residents of necessities and denying them their fundamental rights. In the West Bank, Palestinian com- munities face daily arrests, violence, and harassment from Israeli settlers, protected by the Israeli military. The expansion of illegal settlements con- tinues to displace Palestinian families from their homes, exacerbating the humanitarian crisis and undermining prospects for peace. In East Jerusalem, Palestinian resi- dents confront discriminatory policies aimed at erasing their presence and identity. Forced evictions, home demolitions, and the revocation of residency rights are tactics employed to change the demographic landscape of the city and expand Israeli control. The Nakba is not confined to the past; it is a lived reality for Palestini- ans enduring displacement, disposses- sion, and systemic oppression. We urge the international commu- nity to stand in solidarity with the Palestinian people and demand an end to Israeli apartheid and occupation. It is time to recognize the Nakba as an ongoing tragedy and work to- wards a just and lasting solution that upholds the rights and dignity of all Palestinians. It's time for the international com- munity to recognise the Palestinian state as a full member. Fadi Hanania Ambassador of the State of Palestine to Malta Promoting equal inclusion: Advocating for persons with disabilities LAST weekend MFOPD attended the European Disability Forum's AGM and conference. In her opening speech, the President of Slovenia stated that "Equal inclusion in society is the basis of democ- racy". In a society founded on the principles of democracy, equal inclusion is not just a value; it's a fundamental right. Howev- er, for persons with disabilities, this right is often challenged by physical, societal, and attitudinal barriers that hinder their full participation in community life. Today, we stand at a crossroads, where the call for inclusivity grows louder with each passing day. It's a call that demands action, empathy, and understanding. It's a call that cannot be ignored. There are approximately 35,000 per- sons with disability in the Maltese is- lands. Despite this significant portion of our community, many individuals continue to face discrimination, marginalization, and limited access to services. It's time to change the narrative. At MFOPD, we are committed to championing the rights of persons with disabilities and promoting a society where everyone has an equal opportunity to thrive. Through education, advocacy, and collaboration, we strive to break down barriers and build a more inclusive world for all. Our efforts extend beyond mere words. We are actively working to: • Raise awareness: By shedding light on the challenges faced by persons with disabilities, we aim to foster empathy and understanding within our communities. • Advocate for change: Through pol- icy reform and grassroots initiatives, we advocate for the implementation of inclusive practices in all aspects of soci- ety, from education and employment to transportation and recreation. As we navigate the complexities of our modern world, let us not forget the inherent dignity and worth of every in- dividual. Let us strive for a society where differences are celebrated, not feared, and where equal inclusion is not just an ideal but a reality. Join us in our mission to create a more inclusive world. Together, we can make a difference. Marthese Mugliette President Malta Federation of Organizations Persons with Disability A threat must be realistic and the per- son who is making the threat must have the means to carry out the threat. This was held in the Police vs Daniel Xuereb decided on 16 May 2024 by the Mag- istrates' Court presided by Magistrate Kevan Azzopardi. Xuereb was accused of insulting, and threatening pastor Gordon Manche on 8 March 2023 and of misusing network and communication equipment. The Court analysed the evidence brought before it. The Police had re- ceived a complaint by Gordon Man- che on a TikTok video on the stand-up comedy of Daniel Xuereb. From this clip Xuereb insulted Manche by using the word "asshole". He also repeated a comment from the crowd which Man- che took as insulting. The police agreed that the event was a stand-up comedy, however, Xuereb then praised Matt Bo- nanno and that was a spring board to insult Manche. Gordon Manche testified in this case and claimed Xuereb's event was full of lies, hate and incitement to vi- olence against him and his family. He said he was feeling threatened. He also presented a copy of an article entitled "Biggest asshole Homophibic Sect." Af- ter the video went viral he was insulted by people when walking in the street and as such his life changed. In cross examination, he confirmed that he did not mind being insulted if it gave pleas- ure to people. His complaint is that the video incites hatred. The Court quoted Article 339(3) which reads: "(1) Every person is guilty of a contra- vention against the person who – (e) utters insults or threats not other- wise provided for in this Code, or being provoked, carries his insult beyond the limit warranted by the provocation." Article 49 of the Electronic Commu- nication (Regulation) Act was amended that there is no crime if the words used are part of an artistic expression or sa- tirical or comical or cultural in nature. The Court also quoted from the debate take took place in parliament, where Culture Minister Owen Bonnici em- phasised that this amendment was in order to protect the freedom of artistic expression as long as there is a credible threat. The Opposition had agreed with the amendment. There is agreement that the changes in the law were intended to respect the right of artistical, satirical, comical and cultural expression. However, there is an exception to the rule in that the in- sults should not transform into a cred- ible threat and a risk to the personal security of an individual or individuals. Therefore, if insults are used in the con- text of artistic expression this is not a crime. The interpretation given to this is wide. The case in question fell under one of the categories mentioned in the law since this is not limited to theatri- cal performances but also includes so- cial media. The risk is that there may be those who have a different opinion on what was said. The Court recommend- ed caution in the exercise of the right of expression. With regard to Manche's claim that what Xuereb said is a threat, the Court held that this was said within the limits of the law. The court held that this does not constitute a real threat. The Court analysed the insults and held that these came after he repeated Matt Bonanno's joke and said "certain Pastors who ac- tually should be bombed." This cannot be interpreted as a threat. The Court quoted from Police vs Joseph Frendo decided by the Court of Criminal Ap- peal on 7 July 1995. In this case, the Court held that the person who receives the threat must be convinced that the person threatening has the capability of carrying out the threat. In this case, the threat is carpet bombing. It is clear that Xuereb does not have to the means to carry out a carpet bombing and this was intended for the audience to laugh. Therefore, the threat was not credible and realistic. The Court then moved to find Xuereb not guilty. A threat must be realistic in order for it to be a crime LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates