I pay very careful attention to what Minister for Culture Owen Bonnici says about what he considers “free speech” because his proposed provisions that have been rushed to parliament without consultation on exceptions for artists are intended to consolidate the criminalisation of insults. Owen Bonnici is lying to the public and Labour is going about this issue similar to how it does with any other issue: lying and playing theatre.
When in 2018 we removed criminal libel it was with the opposition of Owen Bonnici and with the benediction of Joseph Muscat after a lot of infighting. The policy trend was clear, however, to gradually remove legal provisions restricting free speech. Given that criminal libel was removed as part of the press reform, back then the government’s position was that other legal provisions on free speech should be looked into separately.
Now, Labour has reacted to the anger in the artistic community at Gordon Manche’s vexatious criminal complaints. The Labour government is directly addressing the artistic community by adding provisions in the law to make an exception for artistic speech, but this is simultaneously also a consolidation of the criminilastion of insults which today is under the contravention list of the criminal code. The contravention of insults is listed under the letter “e”.
Owen Bonnici has clearly stated in his press conference with Home Affairs Minister Byron Camilleri that insults will remain under the provision of the law. Owen Bonnici has also stated that the Electronic Communications Act can be used by citizens to defend themselves if they are insulted but this is wrong and the police are also interpreting the law in this manner. The Electronic Communications Act does not provide provisions for insults but only for threats. See below the exact text provided by the law:
The Electronic Communications Act should not be used by the authorities and the government to egg on people to file suits against people who insult them, but apparently, that is what is happening. Instead of gradually removing provisions against free speech, as was the previous Labour government policy, the government is finding excuses to retain the status quo. By directly targeting the artistic community, the law will change for a target group of people, but this does not change the law in essence.
The provisions for insults in the criminal code need to be removed while the Electronic Communications Act needs to be edited so as to remove any ambiguities and prevent it from being used to turn insults into an offence.
Labour isn’t making any sacrifices by targeting artists – it is simply legislating on matters that won’t affect it. Removing the provisions for insults will give people in power less protection and less control over public speech. Labour isn’t afraid of artists – most of them have been bought into silence as they provide direct services to the government itself. Sean Buhagiar, one of the artists who Gordon Manche reported to the police for being insulted is a government executive. I have nothing personal against Ira Losco and Sean Buhagiar with whom I am very capable of holding friendly discussions, but the reality is that the government is making an effort to befriend the artistic community because it is becoming more of an asset to its political interests than a liability.
The majority of artists prefer to avoid involving themselves in anything remotely political so as to make sure they receive government funds and contracts. Ira Losco wouldn’t have got her government contracts if she was an outspoken advocate for justice for Daphne Caruana Galizia. The opposite is happening in the field of the press where the government is actively trying to divide the press while pushing an authoritarian law against it. And this is not something uncommon as well because it’s a common dynamic in authoritarian countries – perfect example of this is Russia.
So, there should be no illusions as to what is happening. This is not part of Labour’s progressive agenda, but even a regressive step whereby Labour is giving a privilege to artists and consolidating the criminalisation of insults.
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