Owen Bonnici condemns River of Love pastor's abuse of criminal law to stifle artists

Updated at 6pm with Opposition MPs' reactions

River of Love pastor Gordon-John Manche should have pursued civil remedies instead of resorting to criminal action, Culture Minister Owen Bonnici said as he opened the Second Reading of amendments to protect artistic expression.

“If the person who felt wronged had opted for a civil remedy, even if I personally still would have disagreed with them, I would have accepted it all as a matter of civil nature,” Bonnici said in parliament on Tuesday.

Speaking during the second reading of the legal amendment which seeks to protect artistic expression, Bonnici emphasised the critical importance of denouncing criminal charges faced by three artists for expressing their views.

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

Owen Bonnici speaking during the second reading of the new legal amendment which seeks to protect artistic expression

In June, it was revealed that stand-up comedian Daniel Xuereb was set to be charged in relation to the comments he made about Manche during a comedy skit. A few days later, Malta woke up to learn that Teatru Malta artistic director Sean Buhagiar was also questioned by the police for repeating previous quips against Manche. 

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

In a speech replete with references to William Shakespeare's Hamlet and other authors that shook the world with their writings, Bonnici said the government wanted to stop the misuse of criminal law to stifle artistic expression. He drew a distinction between past cases of censorship where artists were persecuted by the State and the current situation.

“Where is the government now?” Bonnici rhetorically asked, before affirming that it is standing foursquare behind artists due to their “vital role in a democratic society.”

Bonnici made it clear that the act of charging an artist with criminal offences, whether in the past or the present, was unjustifiable.

“Taking artists to court as if they were criminals simply for carrying out their professional duties was a red line that should never be crossed,” he firmly reiterated.

Minister Bonnici clarified three key aspects of the amendments. 

To benefit from legal protection, an artist's expression must be categorised as artistic. “The distinction shall be made to ensure that non-artistic interactions, such as arguments in public spaces, shall not fall under the same protective umbrella,” he explained.

Even within artistic expression, insults will only be tolerated as long as they do not pose "credible and realistic" threats to the offended person's freedom or personal safety. 

Bonnici said the amendments will not dilute separate legal provisions regarding hate speech. "The provisions against hate speech remain intact to prevent the promotion of hatred or violence based on factors like gender, religion, or sexual orientation," Bonnici said.

The amendments are being proposed to the Criminal Code and the law regulating electronic communications.

READ ALSO: Legal changes will protect artistic expression from spurious criminal complaints 

Legal amendment seeking artistic expression protection will get unanimous backing

The Nationalist Party will vote in favour of the legal amendment which seeks to protect artistic expression, with PN MP Julie Zahra tabling a minor amendment.

"Artists have the right to express themselves always, even in difficult circumstances," Zahra said.

The PN is proposing widening the scope of the amendment to refer to "any artistic or cultural expression" rather then "artistic, satirical, or comic expression" as is being proposed by the government.

The MP, who is also a singer, emphasised that she still considers herself part of the artistic community in Malta and therefore strongly advocates for the protection of artists' rights.

"An artist should never feel censored and harassed... We must always safeguard freedom of expression and protect the rights of artists."

Beppe Fenech Adami also intervened, appealing to the government to accept the proposal being put forward by the Opposition.

PN MP suggests outright removal of insults as offence 

On a personal note, PN MP Mark Anthony Sammut said parliament should consider removing insults as an offence outright from the Criminal Code in line with jurisprudence of the European Court of Human Rights that has insisted freedom of expression should also mean the right to offend.

Sammut added that when criminal action was taken against the three artists it was not only their right as artists that was breached but their fundamental human rights as persons. "Everybody's right to freedom of expression should be protected and not just that of artists, or artistic expression," Sammut said.

He also disputed certain arguments floated in the public domain that the police are obliged to proceed with criminal action if a complaint is filed. "This does not make sense... the police have a duty to investigate but if they find the complaint is frivolous it should be dismissed outright."