Issue No. 8 of October 2009 of the newspaper entitled Ir-Realtà was brought to my attention on October 21 by the University director of legal services. A copy of it was handed to him by the Precincts Officer, who had heard complaints about the article Li Tkisser Sewwi. Contrary to claims in the media, I did not receive a report on the matter from the University chaplain nor was I aware that the chaplain had already expressed his misgivings about it.
I felt that the article was in bad taste. This in itself, however, would not have spurred me to take any action. In no way do I wish to impose my taste, opinion or beliefs on others as I believe wholeheartedly in freedom of expression, freedom of speech and freedom of the press, so long as this is within the boundaries of the law. This said, aspects of the article in question, the style, the medium being a newspaper and the knowledge that this was being distributed freely at the University and at the Junior College without the necessary precautions to ensure inaccessibility to minors, led me to consider the article from a legal perspective. As rector I am legally responsible in terms of article 74(11) and article 82 of the Education Act to ensure that the law is upheld within the University precincts.
Having discussed the article with the legal services director, I concluded that its content and distribution could constitute a potential breach of the law. Though opinions in the media refer to it as a "story" or "fictitious text", the article can reasonably be interpreted, by readers who, like me, do not know the author, as describing the sexual experience and fantasies of the author himself. The author writes in the first person singular, makes no attempt at creating a fictitious character distinct from himself and makes no disclaimer that the article is in fact fictitious. The fact that the medium of publication is a newspaper - not of a book of fiction - in which articles are often opinion pieces and not fictitious stories, reinforces such interpretation. In this context, what finally convinced me that I was in duty bound to take action is the fact that parts of the article can be interpreted as fantasising and inciting sexual acts with minors.
Beyond the content, I was also concerned that the article, which is certainly not suitable for minors, was being distributed at the University campus and the Junior College without the necessary precautions ensuring inaccessibility to minors. The majority of Junior College students are under 18 and the University campus is often frequented by minors, particularly after office hours. Copies of the paper left or disposed of by students outside Student House could easily end up in the hands of adolescents.
As the Education Act gives the rector responsibility for day-to-day University administration and to ensure that activities are within the law, I felt in duty bound to stop the distribution of issue 8 of Ir-Realtà within University and Junior College precincts.
I phoned the president of the KSU about this decision and explained my concern that the article and its distribution may be in breach of the law. The president of the KSU informed me he did not believe the author of Li Tkisser Sewwi was a student but that the editor was. He also stated that he was not aware that the newspaper Ir-Realtà was being published under the auspices of an approved student society.
Following further discussion with the director of legal services, I decided to ask him to refer the matter to the police for their consideration, which he did that same evening.
I could not risk having the University implicated, or risk being personally implicated, in any act which may be deemed unlawful.
Had I not acted, my acquiescence could be tantamount to a tacit approval of the content and distribution of this article and to the ensuing legal consequences. Until a competent legal authority deems the article not in breach of the law, I will stand by my decision.
Even if a competent legal authority deems the content of the article lawful, I still believe that the method of its distribution ought to be such as to ensure that it is not accessible to minors.
To date, I have not published my reasons in detail for the decision to stop the distribution of Issue 8 of Ir-Realtà as I did not wish to influence the police on whether to proceed with this case or not. This said, I feel the time has come to set the record straight.
Prof. Camilleri is rector, University of Malta.