What is artistic expression?

The government’s reaction to complaints made by Pastor Gordon Manché who has instigated court action against three ‘artists’ who commented satirically about him - as they had every right to do - was the announcement of a Bill ‘to contine strengthen the freedom of artistic expression’.

The Bill has not been published yet. Probably it was not even written when the First Reading was passed last Monday.

Yet, I smell a rat.

We need to strengthen our constitutional right to freedom of expression. And when I say ‘our’ I mean everybody’s right, irrespective of the context in which this right is exercised.

The title of the proposed law seems to lead to a discriminatory exercise as to who will be protected.

The pastor has asked the police to take steps against comedian Daniel Xuereb, satirist Matt Bonano as well as Teatru Malta’s artistic director, Sean Buhagiar. They can all plead artistic expression. But limiting the right to freedom of expression to ‘artistic expression’ is not on.

The law should not protect public figures in the way it seems to be protecting them today. Our right to criticise and make fun of public figures is above such considerations as to whether this criticism is a form of ‘artistic expression’. If Manché has found a loophole in the law, close this loophole – without making any distinction between ‘artistic expression’ or otherwise.

First of all, ‘artistic expression’ is very hard to define. Some may think that the three persons against whom Manché complained to the police are not really artists. For many, what they said is simply a bit of legitimate fun. Whatever they say is certainly not necessarily and automatically an exercise in ‘artistic expression’ or otherwise. Defining ‘artistic expression’ is a treacherous exercise. There is nothing factual that can guide anyone to decide whether a picture - or a sculpture - of a nude girl is an artsitic piece of work or just a piece of porn. It’s all in the mind.

The legislator who expects the courts to enter into this dangerous nitty-gritty is making a serious faux pas.

That is why I believe that ‘artistic expression’ - whatever it is - should not be the kernel of the nut that the government needs to crack to stop Manché from acting silly.

When I write my weekly contribution, I am exercising my freedom of expression. So does the editor who publishes my articles. Will the proposed law just protect those who are exercising their right to ‘artistic expression’, rather than their constitutional right to freedom of expression? Will this protection not apply to those who exercise their right to freedom of expression by writing an opinion piece in a newspaper, let alone the editor of the paper?

I do not think that there is anything ‘artistic’ about the contributions I write for publication. Yet I expect to have my right to freedom of expression protected by law, and not undermined by some old piece of legislation that needs to be removed from the statute books.

Pastor Manché - or his legal advisor - seems to have unearthed a piece of legislation that gives him the right to be protected from being ridiculed. No public figure should enjoy this protection. This is a serious matter that is much more important than Manché’s ego.

When Manché’s ego clashes with our constitutional right to freedom of expression, Manché’s ego should automatically lose. No ifs or buts. What needs to be amended is the outdated law that Manché has been using to his advantage.

Culture Minister Owen Bonnici and Home Affairs Minister Byron Camilleri should stop and think twice before they decide what the proposed law is all about.

It should not be about ‘artistic freedom’ but about confirming the constitutional right that all Maltese citizens already enjoy.

The Brexit effect

Germany is experiencing a surge in investment from foreign companies, with a boom in British firms setting up in the EU country after Brexit.

Big UK companies seeking a ‘foothold’ in the EU single market to ease the red tape burden as a result of Brexit, have helped Germany reach its highest-ever level of foreign direct investment (FDI) last year.

British-based companies set up 170 projects in Germany last year – up 21% on 2021, according to the figures first reported in the Financial Times. This number is surpassed only by companies from the US and from Germany’s neighbour, Switzerland.

FDI rose to £22bn in 2022 from £6bn the previous year, according to official figures from Germany Trade & Invest (GTAI).

‘Companies from all over the world appreciate Germany’s market size, secure legal framework, highly qualified workforce, infrastructure and R&D environment,’ according to GTAI’s chief executive Robert Hermann. He added: ‘That’s why a host of big American companies have expanded here. For British companies, it is also particularly important to have a foothold in the European Union after Brexit.’

Yet, according to Volker Treier, head of foreign trade at the German Chamber of Industry and Commerce (DIHK), Brexit has been an ‘economic disaster’ for trade and investment ties between the United Kingdom and Germany, leading to a fall in German direct investment and Germany seeing the UK decline in importance as a trading partner.

Last year, Germany exported goods worth €73.8 billion to the UK, 14.1% less than in 2016. The year of the referendum, the UK was Germany’s third most important export market, but by 2022 the country had slipped to eighth place as a trading partner - measuring combined exports and imports - the UK has lost even more importance since then, dropping from fifth to eleventh place,

The volume of German direct investment in the UK has also declined. In 2021, it was around €140 billion, a decline of 16.1% compared with 2016. According to the DIHK, some 2,163 German companies are now active in the UK, 5.2% fewer than in 2016.

We expect inquiries from the UK to remain at a high level,” said GTAI Managing Director Robert Hermann. “It is important for British companies to have a foothold in the EU.

“Germany’s size and central location are an advantage when it comes to attracting UK companies,” he added.