Juanito Camilleri
The issue of reality
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.
43 Comments
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Dr Mark A. Sammut
Dec 6th 2009, 21:02
There is no space here to enter into a debate about Voltaire (although that would be extremely interesting). But there is space to say that Mr Pizzuto is 100%. His point (about the "attempt to coerce everybody to submit to their views from their high horse, and pretending to be intellectuals") is spot on. That is why there is merit in my question. We readers would like to fathom Dr ABC's intellectual depth. It would then help us to understand better his contributions. One hopes he gives a satisfactory reply. And given that he thinks we do not know the difference between "liberal" and "libertarian" (he asked me: "Dr Sammut - would you know the difference, even if there was any merit in your question?"), we the readers would be grateful if he could kindly explain to us his understanding of each term, and then proceed to tell where he stands. Thanks in anticipation.
Andre Pizzuto
Dec 6th 2009, 18:02
Voltaire's attributed quote was first published in 1906 in "The Friends of Voltaire" by S. G. Tallentyre published by Evelyn Beatrice Hall.
What is lacking in Malta is Conservatives who openly declare themselves as such, rather than attempting to coerce everybody to submit to their views from their high horse, and pretending to be intellectuals.
Dr Mark A. Sammut
Dec 6th 2009, 17:42
Although he is not exactly correct on the dating of Voltaire's famous phrase (I reckon Voltaire had already been 128 years dead by 1906), Mr Pizzuto at least lets us known that he sees himself as a "liberal". Unlike Dr Borg-Cardona who has not yet shared with us how he views his place on the political landscape.
Is Dr ABC a "liberal" or a "libertarian"?
I exclude "libertine" a priori.
The answer to this question is very important as it would put Dr ABC's comments in perspective.
Malta is not very much used to arguments forged in the furnace of precision. Apart from Fr Peter and perhaps a handful of others, columnists tend to smudge issues.
By eschewing my question, is Dr ABC walking this well-trodden path?
Andre Pizzuto
Dec 6th 2009, 15:48
Because he abused his position and contradicted the very ethos of his role which is to promote and encourage free thought and expression.
J Martinelli
Dec 6th 2009, 14:18
@ Andre Pizzuto
"Firstly, the Rector has no jurisdiction over anybody"
Then why all the fuss?
Andre Pizzuto
Dec 5th 2009, 19:17
@ J Martinelli
Firstly, the Rector has no jurisdiction over anybody. I think you need to take a foundation course on Law, or use a dictionary to understand the meaning of the words you use.
Secondly, the publication was distributed inside University grounds not outside primary schools.
The Rector's defence is puerile, unconstitutional and immoral. Being liberal means fighting impositions by the State, Church and bigots. I am proud to be a liberal as I will always fight for your right to chose whether you want to read any piece of writing, whether good or bad, and express your opinion on whether you like it or not.
"I disapprove of what you say, but I will defend to the death your right to say it." Voltaire, 1906
J Martinelli
Dec 5th 2009, 18:01
@ Andre Pizzuto et al
Oh! I think I get it all right. The argument should be whether the Rector has the right to prevent material of that sort to possibly reach under age children within his jurisdiction. I think he has and I thank him for the courageous decision he took. Some of you out there, just to prove how liberal you have become, will stop at nothing trying to impose your (lack of) standards upon unsuspecting others.
Dr. Mark A. Sammut
Dec 5th 2009, 16:31
@Dr Andrew Borg-Cardona
The difference between "liberal" and "libertarian" is, or at least should be, known by those who, week after week, proffer their opinion on public affairs. I therefore assume you know the difference. Am I wrong in this assumption?
Readers would be interested to know whether you consider yourself "liberal" or "libertarian". And why, of course.
Mr Agius said you're neither. Is he right?
Andre Pizzuto
Dec 5th 2009, 15:54
@ J Martinelli
You still can't get it, it seems. Firstly the ECHR will have no problem appointing an official translator. It certainly doesn't need me to find one for them.
However, I doubt whether they will even bother to that though. The content of the article is completely irrelevant. It is is the principle that anybody's thoughts or opinions can be stifled (by a university no less!) that it will rule upon. There is no way that the author of the article can ever lose the case. Malta is not North Korea, Iran or Saudi Arabia. Although ppl like you seem to wish it were.
M Pace
Dec 5th 2009, 08:56
Perhaphs, just perhaps, the fact that the piece has a title may have served as a hint that it was fiction. And what kind of argument is that anyway? I am left speechless and as we say in the vernacular "aħjar ma ngħid xejn"
Joe Fountain
Dec 5th 2009, 07:52
Mr Martinelli, what you don't seem to get here is that this is not about the quality of the writing - which we can evaluate ourselves, thank you very much - that we are all defending here but the fundamental right of freedom of expression. Ir Realta should NOT have been banned. Simple. By doing so, the people who banned it, have made themselves - and more importantly, the university - look pathetic. Whether the piece has any literary value or not is at this point completely irrelevant. It is the fact that in 2009, a piece is banned for reasons that none of the people involved in its banning seem to be able to justify competently that is worrying.
Marylu Alosia d'Agostino
Dec 4th 2009, 22:50
@ Martinelli
Since when do we apply censorship to bad literature? If this is what you're advocating it means that you're the most despotic person on this blog. Because good and bad literature is entirely subjective.
J Martinelli
Dec 4th 2009, 21:21
@ Andre Pizzuto
First see whether you can find a translator willing and able to translate it to English or French and preserve the original line of thought throughout. Only then can a fair judgment be achieved.
I hope that someone will take the task of presenting arguments for the publication in front of a panel of distinguished judges. However, I wouldn't be the least surprised if upon reading the smutty material, the judges would even bother to allow the case to go to court.
Contesting a University Rector's decision is one thing but embarrassing a nation in front of the whole world is quite another!
Andre Pizzuto
Dec 4th 2009, 21:01
@ J Martinelli
Whether the piece was high prose or 'drivel' is immaterial. Freedom of Expression makes no distinction.
If quality of content were a factor, then I could ask that your posts be deleted from this page. Or you could request that the students be not allowed to protest. But we are both too mature for that... or are we?
J Martinelli
Dec 4th 2009, 20:33
@ Marylu Alosia d'Agostino & Andre' Pizzuto It is not whether you believe in Creation or not that worries me a bit, but rather your inability to distinguish between a good piece of fiction and a piece of garbage like 'Li Tkisser Sewwi' which I read, just to know what the fuss was all about. It was repetitive, nauseating and without substance. It wasn't even a bit funny, rather, it was embarrassing. I hope the author does not consider himself worthy of a Pulitzer Prize for literature!
Andre Pizzuto
Dec 4th 2009, 20:24
@ J Martinelli Further to my latest post, please note that the buck does not stop at Prof. Camilleri. If things end as they seem they will the final say will be had by the European Court of Human Rights. We'll see if you're still around when we get its judgement.
Andre Pizzuto
Dec 4th 2009, 20:20
@ J Martinelli Firstly I note with horror that you haven't denied being a Creationist. So we can now gauge the intellectual standard of the interlocutors in this debate. Pornographic material is, as far as I know, still illegal in Catholic Malta. So you can't legally acquire any anyway, whether you are a minor or an adult. This, by the way, is also a breach of our human rights. I distinctly remember studying poetry by Daniel Massa for my Maltese O'Level which was also very sexual and graphic in content. I expect you and Prof. Camilleri to fight to have Qawsalla withdrawn from schools at this point. If you really think that prohibiting underage drinking and smoking is equiparable to censorship, then again we are wasting time reading your posts. The journal in question was not addressed to minors. It was intended for university students and academics. The risk of a minor getting hold of a copy and being interested in reading an intellectual magazine is far lower than a minor logging onto xtube.
Muscat. Pat
Dec 4th 2009, 19:13
As in the Middle Ages, the Maltese students should start considering again whether the soul sits on the left or right hand side of the human body.! Many people and professors will sleep deep into the night!
J Martinelli
Dec 4th 2009, 18:37
@ Andre Pizzuto
"Only the editor and the author can ever be liable for what's published".
That being the case, why are shops required to have adult material tucked away and inaccessible to under age children? If the shopkeeper, not being the author nor the editor of an adult magazine, chooses to display pornographic material, is he not liable?
Do you condone under age drinking? Has a brewery or distillery ever been charged? But bartenders have, have they not?
Do you condone under age smoking? Have tobacco farmers or cigarette manufacturers ever been charged because of under age smoking? No, but shopkeepers have!
Prof. Camilleri was in exactly the same position. The 'buck' stops at his desk and prudence dictated that he take the action he took. No one has lost some invaluable access to a literary masterpiece worthy of retention in the University's extensive library of works by world famous authors. If there was enough thirst for such garbage, then the author should have displayed it on his web site and not forced it down students' throats knowing that the paper would be distributed for free among the students of any age.
Marylu Alosia d'Agostino
Dec 4th 2009, 17:12
@ J Martinelli
Ah ok . . . if the Creator is involved . . .
Just for the record, you do realise this piece was not intended as a turn on . . . but was actually a comment on the lousiness of such warped thinking . . .
Andre Pizzuto
Dec 4th 2009, 17:04
@ J. Martinelli
If you actually believe in Creationism then we're all wasting our time reading your posts.
Alexander Vella Gregory
Dec 4th 2009, 16:51
@ those who consider the story as 'drivel'
People have every right to consider it 'drivel' and 'a litany of lewd words'...but kindly do not impose your views on others.
I have read the story, and will frankly admit that it is far from being the author's best piece of fiction. Could it also be based on fact? Yes. There are people who think and act like that character in the story, and in NO PART of the story does the author justify or condemn the character and his actions. so, clearly the author is not making it up, but is simply highlighting a reality which some people choose not to see.
Just as they fail to see the dangers of censorship...I wonder how they would feel if someone had to censor them in turn, for no other reason then saying something the authorities dislike.
J Martinelli
Dec 4th 2009, 16:38
I would like to add to my previous comments about some readers' ability to comprehend the English language, that in the name of 'freedom of speech and expression' many seem to have thrown away the subject of morality.
However ficticious the story may have been, the andament of the whole piece betrays the most basic level of morality and hence one cannot label the disgusting piece other than plain trash. There is nothing 'creative' about it. Rather it is a distructive piece of disgusting misuse of the interpretation of 'love' as originally intended by the Creator.
But then, there will be many who will deny Creation and have a fixation that we descended purely from monkeys and act and reason like them!
Joe Fountain
Dec 4th 2009, 16:35
The levels of stupidity of this whole Ir-Realta argument are now reaching epic proportions, and for its own sake, the university and those who run it should just admit that they are in the wrong on this and get on with it. That the rector actually says that just because a piece is written in the first person singular, in a "newspaper", it could be mistaken as fact rather than fiction is one up on KSU's Carl Grech - a law student this one - embarassing statement that the piece could even be considered illegal because the character has sex with a sixteen year old. The truth is that this should never have happened and Ir-Realta should have been left to be read by those who wanted to read it. Trying to justify the grave mistake made by the university with drivel is doing it no good at all . It comes across as an archaic and controlling institution run by people who quite frankly shouldn't be there!
Andre Pizzuto
Dec 4th 2009, 16:24
@ J Martinelli:
There is nothing to read in Prof. Camilleri's letter other than that he is hiding behind legalistic terms trying to depict himself in a catch-22 situation. The truth of the matter is that he would never have been liable. Only the editor and the author can ever be liable for what's published.
g.portelli
Dec 4th 2009, 16:12
What a weak defense of an indefensible action. Did the Rector really need a month to pen this out?
Perhaps the Rector should consider sitting in on an introductory course to literary criticism and theory offered by the Faculty of Arts, it may broaden his perspective on the relationship between creative texts and their authors. The Junior College Arts department can also help him evaluate a piece of creative text should he wish to do so seriously. He is spoilt for choice. He might consider taking the president of the KSU along perhaps said president might be tempted to pass judgment on text he actually reads. Taking the time to acquaint himself properly with creative writing and literary criticism might be the Rector’s very late tribute to the year dedicated to Creativity!
PS.
He should also ban freshmen not yet eighteen from the university library lest they come across Ovid or Nabokov.
Christopher Ripard
Dec 4th 2009, 15:50
I wouldn't like to be in Prof. Camilleri's position at all - he's damned if does and damned if he doesn't. Personally, I agree with every word he's said.
The fact that the offending piece is utter drivel, which may possibly turn on a 12-year-old at best, is neither here nor there.
The trouble is - and Bocca and co. can't seem to grasp this - if we have no censorship, aforementioned drivel will continue to be writ . . . great!
Adrian Buckle
Dec 4th 2009, 15:33
By the way of pathetic excuses, this simply takes the biscuit.
J Martinelli
Dec 4th 2009, 15:20
Some comments below beg the question whether some readers can read and comprehend plain English. To those, I urge, to please read Prof. Camilleri's explanation a second time and maybe, it will answer many questions raised below including the reason for replying to many concerns a few weeks after the incident.
The story in question, which I have read, has no literary redeeming factors since I do not consider a litany of foul language and lewd sexual acts as significant contributors to a teen's development. Those who are inclined to get a rise over such stories, have plenty of porn sites which they can access and need not to read such twisted 'masterpieces' in a University paper.
A wise man never acts in a hasty manner and if he is willing to take a risk at making a controversial decision, the only prudent one is to, (if at all) err on the side of caution.
Andre Pizzuto
Dec 4th 2009, 15:14
Trying to find post-humous excuses for a decision which breaches the European Convention on Human Rights is lame. There is no justification for the Rector's censorship of the piece, or for the criminal proceedings being undertaken against the author.
When will we all realise that Malta is suffering from ultra-conservatism, vide the anti-divorce lobby, the closure of gaming arcades, the religious influence on social policy, etc.
MBorg
Dec 4th 2009, 15:04
@ Chris Gruppetta
The rector was right. Why should we allow rubbish to be read just because if was published in a university newspaper ? As for AVG normally it keeps rubbish out . This time round AVG was rubbish.
J. Agius
Dec 4th 2009, 14:49
I cannot see in what the Rector says any idea of 'censorship' except that contemplated by law. And he was acting under legal advice. I do not suppose even ABC can fault him on that. Or maybe Prof. Camilleri's particular legal advisor and the legal beagles advising the police are minnows to the sharks. Clearly, in both cases the Rector's action cannot be faulted.
@Andrew Borg Cardona.
No, I did not miss your point about the net. I hooked on to it to refer to something you yourself could be pretending to miss
Anthony Farrugia
Dec 4th 2009, 14:24
Might as well put up a banner at the Uni gates "Give up all hope all those who enter here" !
Alexander Vella Gregory
Dec 4th 2009, 13:50
Some points beg clarification:
1. the rector concluded it could be a potential breach of law. Isn't that a decision the legal advisor should have taken? And what does potential mean? Did it or did it not break the Law? And isn't there a Senate to discuss these issues? Or is the Rector's opinion absolute?
2. So, had the article been fictitious, would it have been acceptible? And should we label every novel written in the first person as ficticious? Dear Rector, please advise, and make sure you tell that to the Faculty of Arts (without consulting them obviously)
3. So the solution to preventing accessibility to minors is by banning it? If that were the case, we would be all be reduced to reading children's books lest any chld should venture into a bookshop and stumble upon Lady Chatterly's lover
4. The KSU President believed the author not to be a student. So, a person who has no clue about literature and more specifically the Maltese literary scene, is considered fit to pass judgment about a literary piece?
Dear Mr Camilleri, please advise.
Chris Gruppetta
Dec 4th 2009, 13:29
Is this guy for real? So let me get this straight: It takes the Rector a month or so to "react" to the banning of AVG's story, and this is the best he or his advisors can come up with? That anything written in the "first person singular" "can reasonably be interpreted" as a non-fiction opinion piece? Are we serious?
Isabelle Vella Gregory
Dec 4th 2009, 13:02
I'm not sure what the rector is admitting to here. Is he saying he cannot distinguish between fact and fiction and will therefore ban anything beyond his comprehension? As for the "minors" issue, the University is not meant for minors. Any minors wandering around are the responsibility of their parents/guardians, so please let's not hear more about this silly "reason". Perhaps not distributing this to Junior College is reasonable since many students are legally minors, but University is a whole other context.
Antoine Cassar
Dec 4th 2009, 12:49
What hope can there possibly be for Maltese authors of today and tomorrow, if the very rector of the university is incapable of distinguishing fiction from reality, and is still referring to Vella Gera's writing as an 'article' ?
Andrew Borg-Cardona
Dec 4th 2009, 12:32
J Agius: What the Police have to say is immaterial: it's what the Courts have to say that MIGHT be relevant. And you missed my point about the 'Net.
Andrew Borg-Cardona
Dec 4th 2009, 12:20
Dr Sammut - would you know the difference, even if there was any merit in your question?
Marylu Alosia d'Agostino
Dec 4th 2009, 12:01
@ Juanito Camilleri
Pathetic excuse!!!
J. Agius
Dec 4th 2009, 12:01
@ Dr M.A. Sammut.
He is neither; but neither does he carry the responsibilities of a Rector. 'Clever' people are very glib when they do not have to bear any consequences. Let's see what the police have to say on the matter. As a father I do not think putting the piece on the net as a sort of provocation was a very bright idea.
Dr. Mark A. Sammut
Dec 4th 2009, 11:09
Is Dr Borg-Cardona a "liberal" or a "libertarian"?
Andrew Borg-Cardona
Dec 4th 2009, 10:32
I trust the Rector will be invoking "Parental Controls" on every computer or other means of accessing the Internet that is to be found within the areas he controls.