Tag: incitement to violence

Some guy gets fined €500 under the Press Act for having commented that the pope should be shot through the hands and feet in order to feel closer to Jesus. This declaration was made within the “confines” (that’s sarcasm guys) of a facebook group called “No to the Pope in Malta”.

The charge was of incitement under the Press Act. Some people including, surprisingly, defence lawyer Owen Bonnici, argue that the publication in question (a Facebook entry) is not made in Malta but wherever Facebook has opted to have as a place of abode. What rubbish. We have repeated time and time again that the important thing with regard to publications is not where the site is registered but where it can be read. Hence anything you write on public forums/sites/comment boards etc is liable to be subject to Maltese law for the simple reason that it can be read on a computer in Malta.

My gripe is more on the issue of “incitement” than anything else. the police must have received a complaint and proceeded thereupon – they are not so much to blame. My worry is how far do we define this incitement and with what limits. For one thing it would be evident to any reasonable minded individual that Karl Farrugia’s comment regarding the perforation of the papal limbs with projectiles is surely not in the same league of seriousness as, let’s say, a loony rightist leader’s intimation of the use of violence methods for the expulsion of immigrants.

I believe that neither in the case of Karl nor in the case of the (fictitious) loony leader are we confronted with an equivocal statement as that uttered by Henry II. History leads us to believe that speaking of Becket Henry said “Will no one rid me of this turbulent priest”. In actual fact it went more like this:

“What miserable drones and traitors have I nurtured and promoted in my household who let their lord be treated with such shameful contempt by a low-born cleric!”

Four knights – Reginald Fitzurse, Hugh de Morville, Willieam de Tracy and Richard le Breton – overheard the regent’s appeal and took him to his word. They found Becket in Canterbury cathedral and brutally murdered him. The King lived to regret this deed while the four knights ended up being excommunicated for their troubles. In any case their interpretation of the royal despair as some form of command might be forgiven. Whether we should think that Karl Farrugia’s exhortation is an invitation in the manner of Henry II is something I doubt very much.

True, people should be more aware of the consequences of their utterings and postings on such tools as facebook but surely no one in his right mind would believe that Karl Farrugia’s statement was meant to be taken literally?

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