Mark Anthony Sammut Becomes First MP To Take A Stand Against €10,000 Fine For Down Syndrome Joke
PN’s Mark Anthony Sammut has become the first MP to take a public stand against a bizarre court ruling that saw a deliveryman slapped with a €10,000 fine for posting a meme about people with Down Syndrome.
Sammut clarified that while he found Luke Mihalic’s joke distasteful, stupid and cruel, it wasn’t an act of harassment and as such shouldn’t have been deemed criminal by the courts.
“This is as worrying as the Gordon Manché debacle, and for exactly the same reasons. If you supported Matt Bonanno, Sean Buhagiar, and anyone who was targeted by Manche for being called an “asshole”, then you have to support Luke,” he said.
“Freedom of speech is the freedom to offend. It is the most fundamental human right on which the other human rights are based. Similarly, no one has the right to be immune from being offended or to be protected from ridicule. That is the only way we can guarantee free debate, upon which society grows, discusses the most controversial of issues and changes views and opinions.”
“I find the joke distasteful, stupid and cruel, but did it harass an individual? No. Did it incite hate or violence? No. Then its distaste, its disrespect, its stupidity, its offensive nature, should never be deemed criminal. The judgement in effect criminalises most stand-up comedies, most of which base themselves on shocking dark humour.”
“Curtailing freedom of speech in this way is dangerous. I hope the judgement is overturned on appeal, and if not I hope that it is taken up to the European Court of Human Rights, where it will add to the 100% track record of our national Courts’ failing to protect free speech.”
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Mihalic told Lovin Malta that he finds the court judgement particularly unfair as he had posted the meme in a private Facebook group that was set up as a safe space for dark humour. He said he plans to appeal the verdict.
Should the verdict be overturned?
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