Artists who use insults or threats as part of their craft will not be breaking the law as long as they do not make actual “credible and realistic” threats, ministers said on Tuesday.

Home Affairs Minister Byron Camilleri and Culture Minister Owen Bonnici were giving details of a bill, due to be moved in parliament later on Tuesday, to spare artists from prosecution.

The Artistic Expression Enhancement Act was drawn up after River of Love pastor Gordon John Manche filed a series of police reports leading to the prosecution of satirists, stand-up comedians and an artistic director for alleged slander and misuse of electronic equipment. 

Court proceedings instigated by pastor Gordon Manche' have pushed the government to amend the law.Court proceedings instigated by pastor Gordon Manche' have pushed the government to amend the law.

The bill amends the Criminal Code to say that the reference to insults and threats in the code: "shall be interpreted to allow for the freedom of artistic expression and in particular... shall not hinder artistic, satirical or comic expression which does not include any credible and realistic threat to the personal liberty or security of the complainant or to his property."

Similar changes are being made to the Electronic Communications Act so that words or statements uttered or published on an electronic communications network or apparatus shall not constitute an offence if they are uttered or published as part of artistic, satirical or comic expression and do not include any credible and realistic threat to the personal liberty or security of any person or to a person's property.

Camilleri said that the aim of the bill was to strengthen freedom of artistic expression and to prevent the criminal justice system from being used incorrectly in order to stifle freedom of expression.

“When I choose to enjoy art I must know, especially if it is satire or comedy, that it is in and of itself somewhat excessive by design,” Camilleri said.

“If the work in question does not prove to be a credible or realistic threat to the freedom or safety of another person, that artist should not end up in court.”

Bonnici said the bill was as wide as possible to prevent the law from being weaponized against artists.

“Being an artist does not just mean producing work;art also serves a secondary function of reflecting society, of speaking up in protest or perhaps even using insults to do so,” he said.

“As a government we believe a wide array of artistic expression is a sign of a strong country that is not afraid to talk about itself. A country that does not reflect like this is not a sane country.”

The bill is expected to become law by the middle of next month, before parliament rises for the summer recess. 

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