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By The Way, That Big Swastika Carved Into The Birgu Shoreline Is Totally Legal

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A right-facing swastika carved into the Birgu shoreline is not breaking any laws, a police spokesperson has confirmed to Lovin Malta. The swastika, which has been visible for over 60 years after appearing during World War 2, is not in breach of the law as it is not currently stirring up any violence.

“No investigations were carried out regarding this case, mainly because it does not lead to the institution of criminal proceedings, since so far, it is not in breach of law. You may wish to be guided by Articles 82A and 82B of the Criminal Code,” said a police spokesperson when they were shown the swastika.

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Indeed, the law is quite clear about when a swastika is illegal and when it isn’t

Article 82A states that any insulting “displays” in public would need to “stir up violence or racial or religious hatred” to be deemed illegal. Seeing as the swastika has been there for over six decades without inciting any violence, it isn’t breaking any laws.

If, on the other hand, someone showed up at your local festa with a massive swastika on a banner, while shouting and attempting to incite a riot, that person would be arrested as that swastika would be used to hurt others.

Similarly, Article 82B states that someone who tries to “deny or grossly trivialise genocide, crimes against humanity, and war crimes” would be breaking the law, but once again this doesn’t apply to Birgu’s swastika.

Until someone uses the weather-worn swastika to get violent, the subverted ancient Hindu symbol in Birgu will remain as legal as developing petrol stations in ODZ land.

Have you seen any hateful symbols around Malta?

READ NEXT: Here’s Why Malta Is Basically Straight Out Of Netflix’s ‘Narcos’

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Johnathan is an award-winning Maltese journalist interested in social justice, politics, minority issues, music and food. Follow him at @supreofficialmt on Instagram, and send him news, food and music stories at [email protected]

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