[WATCH] Legal changes will protect artistic expression from spurious criminal complaints

Government has put forward legal amendments to protect artistic expression from spurious criminal complaints based on laws that make it illegal to utter insults and threats.

The two amendments will introduce a new proviso in the Criminal Code and the Electronic Communications Act to clarify that the law “shall not hinder artistic, satirical or comic expression”.

Provisions in the two laws that criminalise insults and threats have been used by River of Love pastor Gordon-John Manche recently to file police complaints against a comedian and Teatru Malta’s artistic director. Both are expected to be charged in court over quips that Manche has interpreted as a threat to his safety and that of his community.

Criminal proceedings had also been instituted last year by the police on a complaint by Manche, against a satirist, who said the River of Love church should be relocated to Bugibba and carpet-bombed.

Immediately, following the latest round of criminal complaints, government pledged to propose legal amendments to protect the freedom of artistic expression.

On Tuesday, Culture Minister Owen Bonnici and Home Affairs Minister Byron Camilleri unveiled the proposed wording of the amendments. They will be tabled in parliament later on today.

With reference to the Criminal Code, the provision criminalising insults and threats will be qualified and include an interpretation to “allow for the freedom of artistic expression”. The amendment goes further and specifies that the paragraph criminalising insults and threats “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”.

The references to ‘credible’ and ‘realistic’ are meant to give the police and the judiciary elements on how to interpret the threat that is being complained about.

A similar amendment is being proposed to the Electronic Communications Act to prevent spurious complaints.

Government said the objective of the proposed changes is to “enhance the protection of artistic expression” and prevent the “misuse of the criminal justice system for the suppression of such form of expression”.

Camilleri said government has always fought against censorship, and wants to continue strengthening artistic expression.

“Artists cannot be silenced when carrying out their work and treated like criminals,” he said.

He said government hopes to enact the amendments before parliament’s summer recess. The First Reading was passed last week.

Bonnici said government will be on the forefront in ensuring artists and creatives are not hindered when carrying out their work.

“Wide artistic expression is a sign of a strong and healthy society, and we will not allow anyone to weaponise the law against them,” Bonnici said.

Better SOPs for police

Questioned whether the onus should be on the police to throw out unrealistic reports, Camilleri said they normally act on legal advice given to them.

“This does not rule out the need for better standard operating procedures for police when investigating reports made to them,” he said.

Asked why the amendment has been limited to artists, Bonnici said the change aims to strengthen artistic expression, adding it is important the law continues to protect those who are insulted “ordinarily”.

“If we just remove everything the police would not be able to intervene when someone who is insulted beyond artistic expression files a report,” he said.

He said government has struck a balance between protecting people’s rights, and protecting artists.

“In the same way journalists have certain protection in carrying out their journalistic duty, such as protection of sources, artists will now enjoy certain protection from prosecution,” he said.