In order to give free rein to freedom of expression, the government is proposing to do away with Article 163 of the Criminal Code.
Austin Bencini (‘Vilification of Catholic Religion’, July 13) says that article 163 is outdated and that article 82A of the Criminal Code provides the necessary protection to the Catholic religion and other religions too.
He quotes from article 82A: “Whosoever uses any threatening, abusive or insulting words... against another person or group on the grounds of... religion shall, on conviction, be liable to imprisonment for a term ranging from 6 to 18 months.”
But Bencini’s interpretation is in stark contrast from what is being said by others about article 82A. For example, Kevin Aquilina, Dean of the Faculty of Laws of the University of Malta (‘Religion Needs Protection’, July 22) says that article 82A provides no protection to vilification of religion.
He explains in detail that, if article 163 is to be scrapped, then the vilification of the Catholic religion will go unpunished. He further stresses that this will be “in utter disrespect to the letter and the spirit of the Constitution of Malta”.
I am not a lawyer. But I humbly urge lawmakers to be very careful when changing the Criminal Code. All laws need to be clear and just and not leave out anything that is in the constitution. Each law needs to have one interpretation.
Freedom of expression has its limits. It is never acceptable to vilify religion. No one has a right to ridicule God or heap scorn on anyone who believes in Him. Religion is very precious to many Maltese.
Refering to the attack on Charlie Hebdo, a French magazine, that left 12 people dead, Pope Francis condemned the violence but also said there are limits to free speech — especially when it involves religion. In particular, the Pope said, one shouldn’t abuse freedom of expression to “provoke” or “offend” others deliberately, and also shouldn’t be surprised when they react to such taunts.
From the outset, this government wanted a separation between Church and State. Everyone agrees with this. But the aim of all Maltese politicians nowadays seems to be the acquisition of votes at all costs and without even a nod in the direction of upholding values that strengthen our society.
There should be cooperation with and respect for the Church. We cannot have religious tourism in Gozo, and then the bishops are told to shut up or are ignored when they speak out about Jesus’s teaching on divorce, same sex marriages, etc.
It is the government’s duty to uphold freedom of religion and belief. Anyone who does not agree with other peoples’ religion should express his doubts in a civilised way, and should always show respect.