Waylon Johnston
Facebook 'joke' on Papal visit becomes serious stuff
A comment against the Pope posted on Facebook and meant as a "joke" became a very serious affair after the 24-year-old author was yesterday given a suspended sentence and fined €500.
Karl Farrugia, from Swieqi, joined Facebook group, No to Pope Benedict XVI in Malta, and posted a comment on April 7, saying he wished someone would shoot the Pope in the hands, the feet and in his side to mimic the wounds of Christ.
He was found guilty of publishing the comment, which, according to the Press Act, threatened, insulted, or exposed the Pope to hatred.
Mr Farrugia testified that the comment was meant to be a joke, which would be understood by people who joined the group, adding that he wanted to make a connection between Christ and the Pope.
At this point, Magistrate Silvio Meli told him not to insult his intelligence and to speak the truth.
Mr Farrugia replied that the comment was meant as a joke and he never wanted anybody to harm the Pope.
The magistrate asked why he thought the comment to be a joke and Mr Farrugia said he assumed people in the group would understand.
In pleas on punishment, defence lawyer Owen Bonnici said that, once the website was registered in America, technically Mr Farrugia could not be found guilty because he was charged with publishing in Malta when Facebook was registered in the US.
He added that his client was a first-time offender and even though the joke was in bad taste, if the accused were to be found guilty the magistrate should either hand down a fine or a suspended jail term.
Magistrate Meli opted to do both.
Mr Farrugia is set to appeal the judgment.
A Facebook group entitled Donate To Support Karl "Kaiser" Farrugia With His Unjustified Sentence, has been set-up to support Mr Farrugia and to collect money to help him pay the fine. At the time of writing, the group had 126 members.
Police Inspector Robert Cremona prosecuted.
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36 Comments
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Joseph Sciberras
May 22nd 2010, 16:14
I am afraid to comment, big brother is in Malta.
Victyor Laiviera
May 22nd 2010, 08:25
Iran-in-the Med gets closer every day
Gorge Bajada
May 22nd 2010, 01:12
Is Malta another state of the Vatican?
This sounds like the Middle Ages, when the church dictated over the western world.
Anthony Borg
May 21st 2010, 21:38
==== "Mr Farrugia is set to appeal the judgement"==== - yes definitely, do Karl. I wish you success in winning your appealing. I am far beyond your age group, but I have found a link to make a donation via PayPal to offset the fine imposed. You need to clear your name regarding the suspended jail term. For a young, first-time offender, who did nothing worse than post a comment on Facebook, I think a warning would have sufficed.
Miguel Micallef
May 23rd 2010, 11:37
I would suggest to Karl Farrugia to inform the courts during the appeal that if the appeal is rejected he will take the case to the ECHR (if possible).
Dr Francis Saliba
May 21st 2010, 18:22
@RobertAgius
Seeing that the not so “few chopped heads” included some heads from the best known leaders of the French Revolution itself it would appear that “perhaps” it is best not to tamper at all with the “temper” of those on whom the revolution had just bestowed the freedom of the guillotine!
j.zammit
May 21st 2010, 17:47
And to think that he could have just said "it was not me... my account has been hacked, someone stole my password"...
Adrian Borg Cardona
May 21st 2010, 17:35
using the same reasoning as the prosecution in this case, i.e. that by his comment, according to the Press Act,the accoused threatened, insulted, or exposed the Pope to hatred, should not certain bloggers be also prosectecuted for inciting hatred of political parties, polticisians and people who hold opposing political opinions? There are many of these bloggers around!
Joseph M. Scicluna
May 21st 2010, 16:14
I wonder what would have been the repercussions should Karl's joke was subjected to any Islam idol. The consequences would have been much heavier than the fine imposed by the Courts of Justice. Where are our moral values?
D.Galea
May 21st 2010, 15:56
I only ask this..... Is this just the Beginning? My assumption is for a yes to a huge wave to follow. Mind your privacy settings people, you're going to need them!!... a witch hunt will be out to get anyone it can lay hands on.
SMifsud
May 21st 2010, 14:54
The latest events reveal how we are in dire straits.
1. The most hilarious when police raided a shop which displayed mannequins in its shop window.
2. Realta newspaper editor got his newspaper banned and also he is undergoing a court trial.
3. This episode about the write up against the pope.
Countries which used to form part of soviet bloc or its satellites are now embracing democracy. It is strange that Malta reacts differently to the present times.
Also the court sentence is based on the fact that the sentence was written using a maltese ISP as an internet gateway. Even if the person in question were not abroad, it cant be assumed that once he was in Malta by the time the sentence was written on facebook, a connection with a maltese internet provider had been established. What about using a foreign proxy server, (and a foreign IP address shows)?.....will the legislation of the respective country apply in such a case?
Christian Sciberras
May 21st 2010, 15:36
Democracy should not be a way to insult anyone you want...
Robert Agius
May 21st 2010, 14:35
oh! and just a quick reminder of history for people in power to take note.
French revolution was the beginning of freedom as we know it. 'To dare to think for yourself' Voltaire. It ended up with a few chopped heads...
Perhaps its best not to temper with people's freedom much.
janet arrigo
May 21st 2010, 18:27
the French revolution was not about freedom of speech but about the rise of the bourgeois from oppression of the monarchs. all the French revolution really did was give Europe what we now call 'professions'. I agree with you that the ruling powers should be afraid of their people!!
Charles Muscat
May 21st 2010, 14:05
So to speak If I had said in public that some of the priests are child molesters I will be convicted? Yes or no.
Anthony Sammut
May 21st 2010, 14:10
If thats what he thinks, then NO.
Anthony Sammut
May 21st 2010, 13:57
Mhux qeghdin taraw kif kazijiet bhal dawn qeghdin inehulna il-liberta indiretament?
Kif tista persuna tigi imdahla fi problemi fuq haga li ridet tghid?
Id-dinja hija maghmula minn nies b'opinjoniet differenti.
Int l-ewwel darba li uzajt dawn il-kliem "noqtlu jekk narah" wara li kellek xi argument ma xi hadt?
F'dak il-kaz, int ukoll tinfetahlek kawza?
Komplu sejrin hekk u tkunu qeghdin torbtu il-habel ma idejkom stess, ghax jekk pajjiz turih li taqbel ma affarjiet bhal dawn...aktar jaghmel biex jarak bhat-tigieg tal-fabriki.
Sahha
Sarah Spiteri
May 21st 2010, 13:51
X'tippretendi allura li jaqtawlu lsienu barra kif ma jiddardrux jaghmlu taht il-ligi sharia?? I strongly believe in freedom of speech which is one of the fundamentals of the Western World. What would you like mela? Religious police like they have in some Muslim countries such as Iran and Saudia Arabia? We have to make up our mind whether we want Western values or extreme fundamental religious values (whatever the religion is). I definitely prefer the former. Especially being a woman!
F. Giuliano
May 21st 2010, 13:30
Please people, can we put things into perspective here? This is all going way too far... Karl didn't mean to harm anyone and even though his joke was, I believe, in bad taste, there are people doing much worse things and getting off lighter... including the pope himself who only had to apologise to abuse victims after it was found out he himself signed papers which gave him full knowledge of what certain priests were doing to children. And the priests who did do such terrible things are still running around.
On facebook you can find whole pages aimed at hating other races... and some of the things written on there are frightening... so why aren't these people getting arrested too? Is the pope above everyone else...? I don't think so.
Marina Borg
May 21st 2010, 13:59
I agree al 100%
Martha Zerafa
May 21st 2010, 13:03
jiena mhux xi religjuza pero this was a heavy joke!!!!min jaf nies ta religjonijiet ohra kemm tkazaw binha.jien ghalija kienet gusta sentenza halli nies bhall dan ma jkomplux iwwaqawlna wiccna l art.hekk sew??ara qattx tisma b xi musulman jew buddist etc etc jaghmlux hekk lil xi leader min taghhom.ajma kieku tajt mhux 500eutos biss jehel!!!
L. Dimech
May 21st 2010, 12:30
Mr. Farrugia, you're just about to find out how funny the members of that particular site found your sick ' joke '.
In fact, I'd say, the more money you collected the more hilarious they thought you were!!!!!
Get a life Karl and grow up. Stupid things like what you did won't turn you into a man. There are guys your age and less helping out in the community for free, that's what turns a young man into a real man with character.
Robert Agius
May 21st 2010, 14:14
And you are speaking on the behalf of all the members I guess. Are you a member of the group? The reason why the group was opened is VERY clear.
Get a life by helping the community sound like a good idea. I'm eager to hear your personal experiences when it comes to community work and turned you into a real man with character.
John Claude Mizzi
May 21st 2010, 11:49
no wrong is justified by another wrong Mr Ebejer. Magistrate Meli knows exactly what he is doing and don't think for a second that you can argue that kind of logic to a reasonable person. That was a good decision in my opinion, but to be honest 500 Euros was a bit too lenient, but that is just my two cents
Marina Borg
May 21st 2010, 11:47
I do not agree about the fact that this can be taken as a 'joke' since it is quite sickening.
However he never claimed he was going to kill the Pope or anything close to that so why does he have to pay a fine etc whilst people holding pictures with pistols and other particular objects should not at least be told to take off that particular picture from their profile?
Karl Consiglio
May 21st 2010, 11:42
Its most Christian of them to collect the money to pay this unjust fine
Marton Saliba
May 23rd 2010, 19:18
Yes, even though most of them aint Christian at all hehe
Christian Sciberras
May 21st 2010, 11:31
"A Facebook group entitled Donate To Support Karl "Kaiser" Farrugia With His Unjustified Sentence, has been set-up to support Mr Farrugia and to collect money to help him pay the fine. At the time of writing, the group had 126 members."
Adding insult to injury...!
Karl Consiglio
May 21st 2010, 11:26
Qari mil-Evangelu skond St Karl "Don't judge a man by his Facebook"
John Ebejer
May 21st 2010, 11:17
U mela, mhux hekk? Umbaghad f'sentenza ohra, wiehed li ta xeba' lil mara b'arma f'idu, jinghata sentenza sospiza, u inqas minn din!!! Dik hi l-gustizzja li ghandna f'dan il-pajjiz tat-taliban nisrani!
J. Debono
May 21st 2010, 11:06
Help him pay the fine??
In Maltese we used to say
"Ahjar kelma nieqsa milli kelma zejda"
"Kelma f'fommok sidha int, kelma mxandra sidtek hi"
We have to be responsible for what we say! And we have to pay the consequences, as just one word can ruin a person's life.
It is very easy to say, "it was a joke", but then the harm is done!
I adore facebook, it is an excellent means of catching up with old friends, and keeping up with new friends. However many people are exposing too much of themselves in facebook, without realizing how dangerous this is.
Ramon Casha
May 21st 2010, 10:56
1. A Maltese court has no authority over actions that take place in another country. This is no different than imposing a fine on a reporter who works for the New York Times. If anyone wanted to press charges, it should have been done in the US.
2. Would the court have imposed a similar sentence if someone had suggested that someone should shoot Mahmoud Ahmedinejad? If not, why not? After all both are leaders of a nation - though one of them is not elected by the citizens of that nation (guess which one).
3. If the authorities can't tell the difference between that comment and a genuine incitement to commit a crime, I suggest they seek another career.
4. Will the police take similar action against all those who posted threats against Mr.Farrugia on online media?
Adrian Camilleri
May 21st 2010, 11:31
What a well thought out and reasoned rebuttal.
I suspect that the only reason this became an issue is the fact that there is no separation of church an state in Malta and therefore any real or perceived threat to the church is taken as an attack on the state itself.
This seems to be yet another example of 'holier than thou' politicians and jurists who are out to prove that big brother is always watching. I wonder what other areas are 'no go' in Malta.
Pakistan has just blocked FaceBook and YouTube - are we next ?
Karl Consiglio
May 21st 2010, 10:18
I already told you, watch out on Facebook, Big Brother is watching. Facebook has us wind up in a self-imposed Auto-Totalitarian state.
Robert Agius
May 21st 2010, 14:02
No Karl, If thousands of people write down that they would like to see the pope dead, then it would be a phenomenon. Giving up, being scared of speaking out and simply obeying orders without questioning is why it will wind up so.
M Borg
May 21st 2010, 10:14
Hi all, slightly related to this, currently the buzz on facebook is the "Everybody Draw Mohammed Day" (which was yesterday 20th May). Visit facebook to see the thousands of pictures submitted depicting the prophet Mohammed and enjoy! There is also one showing the old Maltese saying: "Alla Hanin, Muhammed H....." and depicting the prophet in the way the Maltese saying mentions...