European Ombudsman registers complaint on religious equality in Malta

The European Ombudsman, P. Nikiforos Diamandouros, is considering whether to investigate a complaint lodged from the USA on the way Maltese law discriminates between the Catholic and other religions when it comes to their vilification.

Specifically, the Maltese criminal code makes one liable to imprisonment of up to six months for publicly vilifying the Catholic religion, while committing such an act against “any cult tolerated by law” makes one liable to imprisonment only up to three months.

The complaint was lodged by the the Bhavna Shinde of Forum for Hindu Awakening is taking up the fight of two lone crusaders – the Hindu leader Rajan Zed and Rabbi Jonathan B. Freirich.

Shinde’s communiqué asked the Ombudsman to investigate the law – enacted back in 1933 – to ensure that Malta treats all religions and denominations equally in front of the law. The use of the word “cults” indeed reveals some contempt shown to other religions, apart from making blasphemy against Jews, Muslims, Protestants, adherents of the Bahá’í faith or Quakers less serious than against Catholics.

Article 338 (bb) states that it will be an offence to, “even though in a state of intoxication” publicly utter “any obscene or indecent words, or makes obscene acts or gestures, or in any other manner not otherwise provided for in this Code, offend against public morality, propriety or decency”.

In respect of this contravention, where the act consists in uttering blasphemous words or expressions, the maximum punishment may be imprisonment for a term of three months.