Malta's national equality body has weighed in on the controversy surrounding a joke involving a transgender woman on podcast Bajd u Bejken, reminding broadcasters that comedy should not be used to "denigrate" minorities.
“Freedom of expression does not mean you have the freedom to inflict personal and societal harm,” the National Commission for the Promotion of Equality (NCPE) said on Friday.
The NCPE released the statement in the wake of a raging debate over whether a comedy skit about a transgender woman pushed the limits of freedom of expression and public decency.
“A democratic society has a duty to safeguard freedom of expression, including expressions that may be provocative or uncomfortable. However, this fundamental democratic principle does not absolve individuals of their responsibility to avoid causing harm to others and to society,” the NCPE said.
During the live show last week, the podcasters displayed an image of well-known transgender woman Terry Muscat, also known as Terry ta' Bormla, above an image of male genitalia.
Audience members were shown three nominees for the 'Best Anus' award - model Rachel Thake, Muscat, and PN MP Karol Aquilina. Images then appeared beneath the photos of the respective nominees, with the image beneath Muscat being a rear shot of a person with a penis.
People in the crowd filmed the joke and sent it to Muscat, who said it had "destroyed her", filed a complaint with police and threatened legal action against the podcasters.
The equality body warned that comedy could have real consequences on people’s lives, especially when a joke normalises “abusive behaviour such as misogyny and transphobia”.
“Comedy and satire have often been used to challenge the status quo and existing power relations. Using comedy to denigrate those who already face negative stereotyping and limited access to power and status does the opposite,” the NCPE said.
The joke sparked outrage on social media, with activists, public figures and politicians expressing solidarity with Muscat and the pain the image caused her.
However, others argued the right to offend remained part of freedom of expression.
On Wednesday, co-host JD Patrick issued an apology for the “hurt” caused to Muscat and shortly after resigned from the podcast.
Unsatisfied with Patrick’s apology, on Thursday, Muscat suggested that she would drop the police report and the threat of legal action if the podcasters donated "all the money" the podcasters made from their show to charity.
She later withdrew the ultimatum, asking only that part of the proceeds be donated to charity.