River of charges: Legal experts insist police obliged to follow up Manché’s complaints

River of Love pastor Gordon-John Manché is on the war path and is taking anyone who pokes fun at him to court. 

On Monday, it was revealed that stand-up comedian Daniel Xuereb was set to be charged in relation to the comments he made about Manché during a comedy skit.  

Speaking to MaltaToday, Manché described the skit as one which encourages violence because Xuereb referred to a comment made by satirist Matt Bonanno earlier this year in which he joked that River of Love should be carpet-bombed. Manché also filed a police report against Bonanno and the case is ongoing. 

But on Friday, Malta woke up to learn that Teatru Malta artistic director Sean Buhagiar was questioned by the police for repeating previous quips from satirists against River of Love pastor Gordon-John Manché. 

In 2016, Parliament approved, amendments to the Criminal Act that repealed legislation that censured the vilification of religion. 

The law punishing the vilification of the Roman Catholic religion had been in place since 1933 and was used by the authorities to censor works of art, theatre productions and even prevent films from being screened. 

Comedians Daniel Xuereb (left) and Matt Bonanno (centre) had police reports filed against them by pastor Gordon John Manche

But in the wake of Manché’s police reports citing misuse of communication and referring to an article of law that criminalises insults and threats, freedom of speech campaigners started questioning whether the evangelical community leader has found a loophole in Malta’s legislation. 

Another question raised is whether the police should simply turn down such requests if it results that they are baseless because the subject matter being complained about is clearly satirical.

What are the charges? 

Satirist Matt Bonanno faces criminal charges and up to €50,000 in fines over a Facebook post from last year about evangelical Christian group River of Love.  

The incident occurred on 4 January, when Bonanno made a satirical Facebook post stating that River of Love “should be treated exactly like ISIS”. After this, one of his friends commented that “I don’t think Malta can afford a sustained aerial bombing campaign on Żebbuġ”, which is where River of Love used to be based. 

Bonanno responded with: “And Żebbuġ is pretty nice. Relocate River of Love to Buġibba, then carpet bomb. Two birds with one stone.” He later announced on his platform that police filed charges against him and his Facebook friend for violating two clauses of the Electronic Communications law. 

Xuereb is being charged like Matt Bonanno regarding the misuse of electronic equipment and making “insults or threats.” 

The 30-year-old comedian had a joke linked to comments Manché made about anal sex during a River of Love sermon. While discussing topics of sex and marriage, Manché said that “anal sex is an abomination”. 

A MaltaToday cartoon taking the mickey out of pastor Gordon John Manche's repeated police reports to try and silence critics

During the comedy show, Xuereb picked up on Manché’s “rant” about the sins relating to anal sex. “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.” 

Sean Buhagiar was reported to the police in relation to a Facebook post where he repeated the quip by the two comedians in defense of satire. 

“Gordon-John Manché, also known as Malta’s biggest asshole, kindly refrain from interfering with satire, or we may be compelled to relocate the River of Love to Buġibba and carpet bomb!” he said.

Are police obliged to charge? 

Activists and observers have questioned whether the police should have turned down Manché’s request on the basis that it was an attempt to silence artists and their expression.  

MaltaToday reached out to the Police Commissioner Angelo Gafa on the matter. 

Police Commissioner Angelo Gafà

“The police received a criminal complaint and after legal advice, were bound to proceed with charges in court,” a spokesperson replied.  

Questions on the official police policy in dealing with complaints that have to do with religious insult, or complaints related to artistic expression remained unanswered.  

But the sentiment expressed by the police was also shared by other legal minds.  

Veronique Dalli: ‘There are different types of threats, and you have to understand in what situation they were made’

Lawyer Veronique Dalli said that police cannot take it upon themselves to determine whether one is guilty of an offence when receiving a criminal complaint. It is up to the court to deliver that judgment upon evaluating the facts of the case. 

“You also must take the wider context in which criminal complaints related to threats are made. There are different types of threats, and you have to understand in what situation they were made,” Dalli said. 

She pointed out that the law states what the elements of a crime are and cannot have strict definitions of what constitutes a threat. “God, forbid it did. A threat could be made verbally in person or online and the fine established by law in case an accused is found guilty of the latter are far heftier.” 

The lawyer said threats are different from one situation to the other. It’s the criminal intent which the prosecution has to prove, backed up with evidence. Clearly, the criminal intent in these cases is amiss. 

Joe Giglio: ‘If there is a request, police have to proceed, and it is then decided by the court’

Opposition home affairs spokesperson Joe Giglio echoed Dalli’s statements, saying the police cannot reject a report. “If there is a request, they have to proceed, and it is then decided by the court.” 

He did admit it was a provision that has been “abused” by individuals and said there is nothing wrong with deciding on a wider reform.  

Mark Camilleri: ‘Under this Labour government the culture of free speech is deteriorating fast’

Blogger Mark Camilleri, who had been at the forefront of the crusade to remove censorship laws said it wasn't typical that harassment laws and the Electronic Communications Act were used to suppress satire. 

“It seems to be the new way and the police are interpreting the law accordingly,” Camilleri said. “Under this Labour government the culture of free speech is deteriorating fast, and the government is also moving ahead with a very heavy-handed authoritarian law on the press. We must fight this situation or instead, accept that Malta is becoming an authoritarian one-party state.”

Loophole only found if Manché wins 

Alex Vella Gera was at the centre of the censorship storm thanks to a controversial short story which nearly landed him in prison.  

Alex Vella Gera: ‘It’s fine for him [Manché] to make false and sweeping statements, but God forbid you say something about him; he’s ridiculous’

Speaking to this newspaper, Gera said the loophole would only be found if Manché wins the cases in court.  

He slammed the pastor for not being open to criticism.  

“He is a public person. It’s fine for him to make false and sweeping statements, but God forbid you say something about him; he’s ridiculous,” he said.  

The author also pointed out the lack of solidarity among artists, saying they should take it upon themselves to flood the public space with criticism of Manché.  

“I would like to see other artists and comedians using their skills to criticise Manché even further. People should repeat the joke, and let’s see if he can sue everyone,” he said. 

Artists took the cue and started sharing the hashtag post ‘Manché is Malta’s biggest asshole’ on their social media accounts. 

The pastor’s actions also prompted ministers Byron Camilleri and Owen Bonnici to declare that they will be exploring legal changes to protect artists from attacks on free expression. 

Owen Bonnici: ‘[Reports filed by Manché are] a pathetic and desperate exercise of trying to fit a square into a circle’

Bonnici, who had also been at the frontline during the censorship reforms, said the battle against censorship laws and the struggle in favour of artistic freedom and liberty is, “truly, one which never stops.” 

He told MaltaToday the reports put forward by Manché are “a pathetic and desperate exercise of trying to fit a square into a circle”. 

“Yet, as shallow and incongruent as it may be, this legal exploit will see the arraignment of artists to the court of magistrates in order to answer for criminal charges when the only thing they have done is to express themselves artistically,” he said. “And that right – the right to express oneself artistically – needs to be safeguarded and protected.” 

He also called out the waste of police and justice resources.  

“Therefore, there is definitely the need to review these particular provisions relating to unlawful use of communication equipment so that they are not abused any longer by people such as Manché.  Minister Byron Camilleri and myself have already started the necessary work to propose legal amendments to Cabinet,” he said.