Christian Peregin
Censorship laws set for revamp
Draft policy to be launched in February
Laws related to freedom of expression need to be "updated to reflect 21st century reality" according to a draft National Cultural Policy to be launched in the first week of February.
A spokesman for the Culture Ministry told The Sunday Times the draft policy had been approved by Cabinet and included the recommendation that the ministry should start a process of updating Maltese legislation.
The news comes just two days after police confirmed they will be charging a 21-year-old history postgraduate, who is also editor of student publication Realtà, with offences connected with distributing obscene or pornographic material after he published a graphic short story containing sexual violence. Mark Camilleri could face a prison sentence if convicted.
Culture Minister Dolores Cristina said all legislation connected to censorship needed to be reviewed to "reflect the realities of today's society and its thinking".
However, this will have no bearing on Mr Camilleri who will dealt with under the existing law, which Ms Cristina said was "there for everyone".
When contacted, pro-rector for student affairs Mary Anne Lauri agreed that obscenity laws needed to be revised.
But until such laws are revised, the University was "dutybound" to follow them, Dr Lauri said.
The University rector banned the newspaper Ir-Realtà and reported the case to the police after it carried an article in Maltese written by Alex Vella Gera.
Dr Lauri said: "We are not passing judgment. But since there was a possibility he broke regulations, it was our duty to inform the police.
"If it emerges that he didn't break the law, then we are fine."
Dr Lauri pointed out that if the University ignored the law, it too would be liable, "because a Sixth Form parent can come to me and ask why we did not take action on this.
"The laws should be changed, but for everyone, not just for University or the students," she added.
Mr Camilleri said he never expected "so much hassle" when he chose to publish the first-person narrative about sexual violence.
He said the University authorities acted "irresponsibly and hypocritically", and when he tried to contact them to discuss the issue, he was always ignored.
"They are meant to be working in the students' interest, but instead they are doing a disservice to students. They didn't even have the decency to meet us," he said.
Dr Lauri confirmed the student asked her for support but she simply told him she had nothing to add after speaking with the rector.
However, Mr Camilleri said: "This was not the first time we published unconventional art that went against religious morality. Why are they taking such action now?"
Willing to join him in this fight is the president of the Chamber of Advocates Andrew Borg Cardona, who has offered his legal services online for free.
But Mr Camilleri's case has already been taken up in solidarity by lawyers Alex Sciberras and Lara Dimitrijevic. If they lose the case, they are prepared to take it to the European Court of Human Rights.
Meanwhile, Alternattiva Demokratika yesterday called for the abolition of outdated "medieval-style" censorship and obscenity laws that are unacceptable by EU standards.
These should be replaced with a rating system to protect children and with laws against hate crimes and instigation of violence against people because of ethnicity, religion, sexual orientation, disability or gender.
The rector could not be contacted for comment yesterday.
Popular Stories
Update 3: Woman found dead in car,...
Updated: Woman dies in car crash
Carm Mifsud Bonnici resigns after...
Part of Dwejra 'Azure window' collapses
The end of the bar that ‘never closed’
Bundy does not know whether to...
Updated - Jason Micallef demands...
This WAS the night - Kurt makes it...
Petrol price up 6c
In Discussion
Updated - Jason Micallef demands...
Gozo tunnel could take 5-7 years to...
CABS remote controlled aircraft shot...
Carm Mifsud Bonnici resigns after...
Joseph Calleja condemns portrayal of...
Updated: Labour would give...
CABS drone shot down
Second group of migrants arrives
Adrian Vassallo in scathing...
21 Comments
Post comment
Please sign in or create your Account to post comments.
Kenneth Cassar
Jan 15th 2010, 16:01
@ K Pullicino:
"The timesofmalta.com website will soon be breaking the law, apparently then, for moderating the comments posted by the myriad of experts on the site".
You clearly have no idea on what censorship is. Private publishers have every right to refuse the publishing of anything they want. What they have no right to do is to prohibit anyone from publishing elsewhere.
If censorship is abolished, The Times will still have the right to moderate blogs and delete whatever it sees as objectionable.
Kenneth Cassar
Jan 15th 2010, 15:58
@ J Martinelli:
"In that case, one might as well do away with any laws pertaining to moral standards and have a free-for-all in liberties of expression however lewd they may be".
How long has it been since you visited a local bookstore? Everything seems to be ok as long as the author is not Maltese.
Helen.Robinson.Xerri UK
Jan 10th 2010, 20:03
Whats taking you blokes so long, this is the 21st century you know, and so where is progress in Malta.
Joseph Schembri
Jan 10th 2010, 19:11
@Robert Callus: Don't expect too much from the police. Just to put things into perspective: you need at least 6 o'levels, 3 Intermediate levels, 2 'A' levels and a grueling university course to become let's say a doctor, lawyer, teacher or engineer.
It is only in recent years that the requisites for becoming a policemen were made more difficult. Now you need a couple of 'O' levels. Untill a few years ago you only needed height and a physical check up (did not include IQ I suppose). Enough said.
ronald mifsud
Jan 10th 2010, 18:04
I don't think that a pornographfic artcle such as the one in question intentioned to a mature (I hope - university students no?!) audience should end up as it is going to end up. Even though I personnally think it was a bad idea to publish such literature I do not agree that Alex Vella Gera should be arrainged in court. This would be crass hipocrasy. Try hitting a pornographic site all maltese!!! and all perversities available. sometimes I wonder whether a police force really exists. No legal action is ever taken in their confront. So why this guy whom in my opinion only wanted to shock the establishments as is characteristic of youth. towo weights two measures!!
Wilfred Camilleri
Jan 10th 2010, 18:00
The question is: "Why is there a censorship law at all?" In this day and age there is no need for such laws. People are intelligent enough to make their own decisions. They do not need someone or some panel to tell them what's good for them and what's not. I can see some sort of classification scheme that warns people of the content of any media they are about to read or watch, but no one has the right to dictate what people watch or say. The only exceptions should be hate mongering, inciting violence and child pornography.
Robert Callus
Jan 10th 2010, 17:43
"These should be replaced with a rating system to protect children and with laws against hate crimes and instigation of violence against people because of ethnicity, religion, sexual orientation, disability or gender."
A police officer did not think it was an offence that someone entered the house of a homosexual person and scribble 'NO GAYS' in his own house! Now the police arraign Mr Camilleri a firm believer in human rights as well as equality between men and women because of obscene words. Where are the priorities?
Oliver Cini
Jan 10th 2010, 17:38
being discussed and where it will show and what effects. But since freedom of speech can be abused we also need to control it with a rating of relevance and proof of it. In the case of Mr. Camilleri i understand that this was a short graphic novel in which by then could be considered as art not just an article.
For example in our national anthem we ask god to kill who attacks us. for me that is violent enough to stop it from schools as well.
Oliver Cini
Jan 10th 2010, 17:33
I believe that the law regarding the Censorship is simply not adequate for this days. while we restrict local media or the one media being showed in Malta. we have no power over the internet those making it impossible for the local media to answer to the people needs and demands. The other aspect one should understand is the why we are still in strict bondage with such Law permitting that a person like Mr.Camilleri is being sacrificed maybe for something completely different from what is being said. but since we have the censorship law we can't actually see what this person is being accused for.
On a different aspect i believe that the rating system would still be discriminatory if the people currently in charge would stay in those positions cos the law might change but the mentality would still be the same. i believe that rating should be divided not just in age groups but also into material used.a cartoon can be violent as much as a film or a novel but it also can be used as art. freedom of speech should be taken into the whole aspect of the matter
wally vella-zarb
Jan 10th 2010, 17:24
"The Cabinet will have a difficult task finding an equitable solution!"
So why be so crazy as to dive headlong into a can of worms? Censorship, in this day and age, is an anachronism. We have had instances where a movie was banned by the local censors, only for the same movie to be freely available as a DVD or for downloading over the internet. Such movies are also broadcast regularly on foreign TV stations; examples abound, ranging from 'Life of Brian' to 'Caligula' and 'Clockwork Orange'.
I have read this short story on the internet. It is not my cup of tea, but it was MY decision whether or not to continue reading when the style (quickly) became apparent. Who am I, or what gives me the right, to decide for others what they may or may not read? Indeed, what gives ANYONE the right to decide for other adults?
Where would this hypothetical cabinet meeting draw the line? Are we to expect wholesale blocking of internet sites? Are we to expect blocking of Italian Television? Are we to expect the numerous bare-bottomed puttini, found in many church paintings, declared as immoral and fostering paedophilia???
Franco Rizzo
Jan 10th 2010, 16:36
@ Erin Stewart Tanti
While seeing this as a positive step, I suggest the Maltese saying: "Tghoddx il-flieles qabel ma jfaqqsu."
The minister hasn't got into details of what these reviews might consist of.
And seeing that Mr Camilleri will still be charged...it's not that it really bodes well.
Let's just hope my pessimism doesn't turn into a prophecy.
Franco Farrugia
Jan 10th 2010, 16:25
@ Martinelli: 'The Cabinet will have a difficult task finding an equitable solution!' .... especially in its present composition!
J Martinelli
Jan 10th 2010, 15:26
While laws are constantly changing and being updated especially when it comes to human rights, the Minister should be careful not to water down the existing laws to a point that 'anything goes'. In that case, one might as well do away with any laws pertaining to moral standards and have a free-for-all in liberties of expression however lewd they may be.
The job of the Minister should be to find the right level of acceptable standards which give enough liberty of expression while safeguarding common decency and morality still thankfully practiced by the majority.
The Cabinet will have a difficult task finding an equitable solution!
Galea. L
Jan 10th 2010, 15:20
David Borg
I did not and do not want to enter into the merits of the case. If the law is amended while the case is still going on then the case will have to be dropped. Whether this happens depends on how quick the government that says that it wants to amend the law presents the relevant bill and how quickly Parliament approves it.
David Borg
Jan 10th 2010, 14:54
Re L Galea
Yes but the law has not been changed yet and there is only a vague proposal in the Times report, and so the law as it is now must be applied.
Besides obscenity laws exist in most countries and so it appears that they may be amended but hopefully not abolished.
In the words of Madame Roland before she war executed "O Liberté, que de crimes on commet en ton nom!" (Oh Liberty, what crimes are committed in thy name!).
There is a difference between liberty, which is the rigtht to do what is right and legal, and the abuse of liberty (libertinaġġ).
K. Pullicino
Jan 10th 2010, 13:39
The timesofmalta.com website will soon be breaking the law, apparently then, for moderating the comments posted by the myriad of experts on the site.
Look on the bright side, they appear immediately like that.
Galea. L
Jan 10th 2010, 13:16
Does Dr Lauri and the Culture Minister know that if a law is changed to do away with things that were considered as a crime it will benefit the accused because it will be considered that that thing is no longer considered as a crime? The same applies if something was not considered as a crime when it was committed and is them made a crime because no one can be held responsible for a crime when the law did not consider it to be so. If they don't know these basics then no wonder the whole country is in such a dire and unenviable situation.
Ramon Casha
Jan 10th 2010, 12:03
"However, this will have no bearing on Mr Camilleri who will dealt with under the existing law, which Ms Cristina said was "there for everyone"."
It is common practice in most countries that, if a law is recognised as being outdated and about to be revised, any pending decisions based on that law are postponed. Why prolong the witch-hunt?
Jaycee Van Rooyen
Jan 10th 2010, 11:20
And so it has started and moving forward dramatically. I am talking of stricter censorship involving all media world-wide. All kinds of reasons would be put forward, from suspecting every citizen to be a potential terrorist to any disagreement by whoever with the powers in office. A lot of smoke-screen this will be but the real reason for the increasing restrictions (not only in expression) will be to tighten the grip on power over the people. To attain and maintain this state of affairs would require nothing less than a police state. Every dictatorship started with an overpowering urge by a few to control the people and then what follows are slim and almost baseless reasons for increasing manipulation, but in such a way that most people would welcome the measures that would curtail their freedom.
Paul Barrett
Jan 10th 2010, 10:50
Is there an English translation of the "offending" article - the amount of heat it has generated equates almost to the level of Lady Chatterley's Lover.
Erin Stewart Tanti
Jan 10th 2010, 10:38
And finally the ball is set in motion... this is a very positive day for people like me, people who have been arguing and debating this issue to pulp. I have to say that I feel very satisfied that finally improvements of some sort, even if not total abolition of censorship, are going to be made.
At this point I can very proudly point out that those of us who for the last year have been avidly following the news, staging protests "FRONT KONTRA C-CENSURA", staging protest productions "CENSOR ME!!!", writing to the news, taking court action "UNIFAUN THEATRE", showing our support in any way whatsoever... this is our pay off. The moment at which the demi-god politicians realise they are representing people and not votes.
A firm congrats to everyone who in some way or other made this happen.