River of Love pastor Gordon John Manché “weaponised' criminal law to fight artists instead of resorting to civil legal tools, Culture Minister Owen Bonnici said in parliament on Tuesday.
Speaking during the second reading of amendments that aim to strengthen artistic expression, Bonnici explained that Manché picked two pieces of the law and used them against their intentions.
Bonnici was referencing recent criminal complaints by Manché against several artists who made comments on the pastor online and in their work.
“How can we accept things like this,” Bonnici asked the room rhetorically, explaining that the legal amendments will ensure an artist's protection when it comes to their freedom of expression.
The bill being debated aims to amend the Criminal Code to clarify that artists who use insults or threats as part of their work will not be breaking the law unless they make “credible and realistic” threats.
The bill also intends to amend the Electronic Communications Act in a similar fashion, so that comments published online will not require legal action if they are made “as part of artistic, satirical or comic expression” and do not include any credible or realistic threats.
Emphasising the importance of artistic expression, Bonnici referenced prolific authors, artists and even revolutionaries from history as he explained that the government intends to protect their rights rather than silence them.
“This fight in favour of artistic expression did not start today,” he said, emphasising the government’s vision of a society for those who will enter it in the future.
“This is a progressive government that is always ready to make change.”
However, Bonnici clarified that there must be certain stipulations for artists to not cross into hate speech. For example, the artist must be making an artistic expression, such as writing a play or performing a set, while the insult itself must not negatively affect the liberty and security of the recipient.
Bonnici said that hate speech legislation will continue to function as is as comments made with the purpose to incite hatred or violence on the basis of race, gender or sexual orientation will not fall under artistic expression.
Opposition in favour
Speaking after Bonnici, PN MP Julie Zahra affirmed that the Opposition is in favour of the amendment as artistic expression is needed to “shake up the status quo”.
Yet, she noted that the amendment may need some refinements as its current wording may restrict artistic expression. Rather than limiting the amendment to “artistic, satirical or comic expressions”, Zahra proposed that any and all artistic and cultural expression should be given the same freedom of expression.
She also noted that discussions need to be held on how the police handle such cases as they currently hand out charges and leave it up to the courts to decide whether to proceed or not.
The proposed amendments come after criminal complaints were made by River of Love pastor Gordon John Manché against three artists over allegedly threatening comments.
In June, Teatru Malta’s artistic director Sean Buhagiar was questioned by the police after he described the pastor as “the world’s biggest asshole”.
He also repeated a satirical quip about carpet bombing River of Love, referencing Matt Bonanno’s comments that landed the Bis-Serjetà satirist with police charges in January.
Also in June, comedian Daniel Xuereb poked fun at Gordon Manché during a live set, naming the controversial public figure as “Malta’s biggest asshole” which led to authorities summoning him to court.
“We need to listen to what he has to say. I think he is right; I think he is right. As Malta’s biggest asshole, I think he knows what he is talking about," Xuereb had joked.
They will face charges of insulting Manché and misusing electronic equipment.
In response to the national outcry following the criminal complaints, legal experts noted that police tend to issue court charges whenever someone reports being insulted, relying on the magistrate to decide if the claim is unfunded.