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6 maltatoday | SUNDAY • 27 MARCH 2022 OPINION 2 maltatoday EXECUTIVE EDITOR KURT SANSONE ksansone@mediatoday.com.mt Letters to the Editor, MaltaToday, Vjal ir-Rihan, San Gwann SGN 9016 E-mail: dailynews@mediatoday.com.mt Letters must be concise, no pen names accepted, include full name and address maltatoday | SUNDAY • 2 MARCH 2025 Bajd u Bejken and the right to offend, shock and disturb Editorial FREEDOM of expression is one of those princi- ples enshrined in the European Convention on Human Rights that gets many people's knickers in a twist. The latest controversy over an episode from Bajd u Bejken, a comedy podcast, is a case in point. The episode in question, which had been aired several months ago but went viral recently, had the presenters referring to the murder case of Twannie Aquilina in a skit about naughty chil- dren and how parents could possibly react to their behaviour. A brief digression is needed here to explain the case, which had shocked the country 65 years ago and which resurfaced in popular im- agination a few years ago when Xarabank made a whole series about it. Aquilina was eight years old when he was bru- tally murdered in 1960. The boy had been sub- jected to abuse by his mother and step father, who were later charged with the murder. Both were convicted and Twannie's mother, Giga Camilleri, was handed down the death penalty, later commuted to a life sentence. Decades lat- er, former police assistant commissioner Ray- mond Zammit, claimed in a study of the case that a miscarriage of justice may have occurred. As expected, the Bajd u Bejken episode caused furore on social media and beyond. Many lashed out at the presenters for being insensi- tive. There were also some voices questioning whether such banter should even be allowed. Undoubtedly, making broad reference to a brutal murder case involving a child within a comedy show is always going to cause shock. It may also offend some… or many. But this is the essence of what constitutes freedom of expression. In the 1976 landmark judgment in the case Handyside vs the UK, the European Court of Human Rights (ECHR) set out the principles that characterised a 'demo- cratic society' insofar as freedom of expression is concerned. The ECHR said freedom of expression con- stitutes one of the "essential foundations" of a democratic society, calling it "one of the basic conditions for its progress and for the develop- ment of every man". But the court did not stop at that. Subject to restrictions contemplated at law (we will come to these later), the ECHR said freedom of ex- pression is applicable: "…not only to 'informa- tion' or 'ideas' that are favourably received or regarded as inoffensive or as a matter of indif- ference, but also to those that offend, shock or disturb the State or any sector of the popula- tion. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no 'democratic society'." The court continued that every "formality, condition, restriction or penalty" imposed in this sphere must be "proportionate to the legit- imate aim pursued". In a nutshell, what would a democracy wor- thy of its name be if only information and ideas that are agreeable or inconsequential can be disseminated? Freedom of expression is a core principle without which society cannot evolve; without which change ends up being determined by the few; without which oppression and dictator- ships arise. This does not mean that freedom of expres- sion is absolute. Indeed, this is why defamation laws exist. This is why there are criminal sanc- tions if freedom of expression is used to threat- en or foment hatred. The right to freedom of expression carries with it duties and responsi- bilities that cannot be understated. But what Bajd u Bejken did in the episode un- der scrutiny falls outside the parameters that would require such ideas or comments to be censored in any way. What the presenters said may be in bad taste and offensive but they still have a right to say it. Likewise, others who disagree with them have a right to express a contrary opinion or pass harsh judgement on their podcast. What the presenters decide to do with the criticism di- rected towards them is up to them, ultimately. But even here, there is a context within which the offensive reference was made. Bajd u Be- jken is a comedy show with no holds barred. Anyone who wants to listen or be part of it, knows this up front. The jokes shared between the presenters and their guests may be crude and replete with sexual innuendos reminiscent of secondary school banter but putting limits on comedy is akin to eating a pastizz while holding it with a tissue. Comedy, like art, is meant to be messy, provocative and at times shocking. Interfering with this will degrade the very essence of what a pluralistic democracy is all about. Quote of the Week "A politician in charge is responsible both for what he does and for what those who in his name exercise public service roles of a decisional and managerial nature do. If they mess up, he/she is equally involved." Former Labour leader Alfred Sant in his weekly column in The Malta Independent, saying it would have been better had Byron Camilleri resigned after the theft of cannabis from an army base. MaltaToday 10 years ago 1 March 2015 Cafe Premier owner's lawyer was Lands' consultant STEFANO Filletti, the lawyer rep- resent- ing Café Premier shareholder Mario Camill- eri, was also a consult- ant for the Govern- ment Property Division at the same time that Cities Entertainment Ltd was negotiat- ing with both the government, as well as en- trepreneur Anglu Xuereb to sell their public lease on the Valletta cafeteria. Filletti – unavailable for comment until going to print yesterday – is flagged by the NAO report into the €4.2 million govern- ment reacqui- sition of the Café Premier lease as having played an "ambiguous" role in the affair. The report shows that although the GPD, which paid Filletti a monthly €2,500 retainer until Janu- ary 2014, said the lawyer with- drew from the process in view of his con- flict of interest, Filletti was actually involved at an advanced stage of the reacquisition. MaltaToday has established that in late June 2013, Cities Entertain- ment's co-share- holder, Neville Cur- mi, had reached a deal to sell the en- tire company to Anglu Xuer- eb's AX Holdings for €3.5 million. But on the day scheduled for the signing of the contract, Mario Camilleri failed to show up. The deal fell through. In the background, unbeknown to Curmi, Camilleri was negotiating with the OPM's advisor John Scib- erras, having in June 2013 been of- fered a handsome €4.2 million, net of capital gains tax, for the Café Pre- mier lease. The chronology clearly suggests that Camilleri was confident he would get a better deal from the government, and that he made an attempt to take over the entire com- pany before securing the deal. ...