A comedian who called River of Love's Gordon Manche “asshole” and lifted a line off a fellow comedian saying certain pastors “should be carpet bombed” was on Thursday acquitted as his comments did not amount to a “realistic threat”. 

Daniel Xuereb was charged with insulting or threatening the pastor as well as misuse of electronic communications equipment after a video of a sketch during a stand-up comedy show was posted and shared on social media. 

During that sketch, the comedian referred to Manche as “Malta’s biggest asshole”, made the middle finger salute and repeated a “fuck you Gordon” comment from someone in the audience, adding “fucking asshole”.

On March 11 of 2023 Manche’ filed a report at the Sliema police station explaining that he had come across that video on TikTok.

Criminal charges were filed against Xuereb. 

When testifying in court, Manche said that after that video was shared on social media, he and his family were insulted and abused on the streets. 

Total strangers gave him the middle finger when they saw him on the streets and hurled insults at him. 

Even his children were targeted at school, he said, adding that all this piled pressure upon him.

He claimed that being targeted by hatred and ridicule made him fear for his safety and that of his family.

He began to avoid going alone to places, particularly during certain hours of the day. 

'Only comment that could be deemed threat was lifted off comedian '

When delivering judgment on Thursday, the court, presided over by Magistrate Kevan Azzopardi, made reference to the parliamentary debates in July 2023 concerning amendments to the Criminal Code. 

Article 339(3) of the Code, dealing with the contravention of insults and threats, was amended in such a manner as to “allow for freedom of artistic expression” particularly so as not to “hinder artistic, satirical, comic or cultural expression”.

Comments under one of these four categories were not deemed as criminal wrongdoing as long as they did not lead to “credible and realistic threats to the personal liberty or security” of the complainant. 

Satire is normally a way of criticising others or their opinion in a humorous manner.

Everyone has a right to his opinion and an opinion, even if criticised, need not necessarily be mistaken or defective. 

Freedom of expression must be exercised with caution so as not to impinge upon the free expression of others, observed the court. 

In Xuereb’s case, his “asshole” comments doubtlessly fell into one of these categories. 

The only comment that could be deemed a threat was the line he lifted off fellow comedian Matt Bonanno, saying that “certain pastors who actually should be carpet bombed”. 

However, was that threat “realistic” in terms of law?

The magistrate concluded that Xuereb lacked the means of carrying out such “carpet bombing".

Moreover, the comment, taken in context, was simply meant to make the audience laugh and could not be considered a realistic threat.

When all was considered the court pronounced an acquittal.