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Writer to face charges for Ir-Realta story

Writer Alex Vella Gera is to be taken to court for his story containing explicit language published on student publication Ir-Realta'.

Student editor Mark Camilleri, 22, is already undergoing criminal proceedings for publishing Mr Vella Gera's story Li Tkisser Sewwi in the October issue of the University campus newspaper. The case has generated much controversy.

Yesterday at around 11.30 a.m., Mr Vella Gera, who resides in Luxembourg where he works as a translator, said he was outside court waiting to testify in another case when he was approached by a police inspector.

"When Inspector Jesmond Micallef, who was prosecuting, heard my name, the case was deferred and I was asked to report to the Sliema police station," Mr Vella Gera told The Times. The interrogation took place at around 2.30 p.m.

The author is now facing the same charges as Mr Camilleri and the court case is expected to be heard on April 20.

Mr Camilleri is being charged with breaching Article 208 of the Criminal Code, which deals with the distribution of pornographic or obscene material among others, which could lead to a prison sentence of up to six months or a fine of up to €465.87.

He is also being charged with Articles 3 and 7 of the Press Act, which in this case deal with printed matter directly or indirectly "injuring public morals or decency". Under these charges, guilty parties could face up to three months in prison or a fine.

The contentious story, written in 1997, dealt with the male narrator's sexual exploits, written in crude language, and included detailed references to sex with the various women he had. The author said the story had already been published on a blog around five years ago.

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Christian Sciberras

Mar 22nd 2010, 08:43

I sure hope that what Mr Gera wrote is NOT what he feels.

Tell me Victor, have you actually read it?

Chris Fenech

Mar 19th 2010, 03:06

Bħalissa, dak li hu oxxen u pornografiku jiġi deċiz minn kumitat parlamentari. L-ewwel u l-aħħar darba li tlaqa dal-kumitat kien fl- 1975. Id-definizjoni li ingħatat dak iz-zmien tgħid li
Xogħol huwa oxxen jew pornografiku jekk il-karatteristika dominanti tiegħu hija l-esplojtazzjoni ta’, jew jenfasizza bla bżonn, is-sess, il-kriminalità, il-biża’, il-krudeltà jew il-vjolenza.
Għalhekk il-Front Kontra iċ-Ċensura jipproponi li tinbidel id-definizjoni ta’ pornografija biex tkun aktar speċifika, bħal
“Kwalunkwe prodott li juri grafikament atti ta’sess bl-intenzjoni li jikkawza eċitament sesswali.”
Barra minn hekk, il-Front jipproponi id-dekriminalizzazjoni tal-pornografija, ħlief jekk din tinvolvi traffikar ta’ bnedmin, abbuz ta’ minuri, esplojtazzjoni tan-nisa (coercion), jew atti kriminali oħra skond il-liġi. Dan għandu isir għax bħalissa il-liġi tispeċifika li hemm piena ta’ priġunerija għal zmien ta’ mhux aktar minn sitt xhur jew multa ta’mhux aktar minn €465.87, jew priġunerija u multa flimkien. Din il-piena tingħata għal
Tqassim, akkwist, ċirkolazzjoni, manifattura, stampa, importazzjoni u esportazjoni ta’ affarijiet stampati, tpinġija, ritratti, film, ktieb, kartolina, kitba pornografika jew oxxena etc. Dan ifisser li taħt dawn il-kriterji letteratura importanti hija illegali. Ifisser ukoll li l-artist Malti huwa mxekkel dwar dak li jista jinkludi fil-fizzjoni tiegħu.

Robert Agius

Mar 18th 2010, 20:45

true! especially when they come unwillingly in someones letterbox for example. I think the same principle about writing rubbish should apply to comments here too. In case you don't get it, in the latter part I'm talking about you.

Sorry, nothing personal. I'm just in a mischievous mood of picking on people today :P

Robert Agius

Mar 18th 2010, 16:01

The church has a whole lot to do with European morality in general, let alone Malta or more than you seem to think. Let us put this aside however for the moment. Let us say you a right and we should have 'our' morals protected....

then I find the Church to be guilty of such things. Take the symbol it uses - I person in agony, covered in blood and nailed onto the cross. Pretty graphic isn't it? And for all of us to see all over the island, no matter how old you are. I mean look at the psychological traumas it might cause a child to see such gore? or is it only sex that seems to be an issue (and the Church's preoccupation with chastity) so its OK just to cover his private parts? I would like to hear your opinion...

Perhaps it is you that needs to grow up and face an unfortunate reality sir. Words never harmed anyone, actions did.

Ps. Its also quite amusing how you get annoyed by whom you label 'modern people' yet fail to put a 'label' for people in which category you belong to.

Matthew Farrugia

Mar 18th 2010, 11:29

1. The liberals are for censorship
2. This "pathetic" debate involves one of your fundamental human rights
3. Ordinary Joe can laugh on, but he won't be laughing long after his rights are enroached upon bit by bit "for the common good"
4. Your suggestion is medieval

Kenneth Cassar

Mar 18th 2010, 12:31

Here's another solution. Send those who crave a return to the days of the inquisition, to Comino, where they may set up their own theocratic state (they might even consider inviting the Knights of Malta to rule over Comino), and leave the rest of us alone.

This could even help tourism. A trip to Comino would be an excellent educational experience to learn about the mentality of "dark ages" people. An excellent interactive history lesson.

Chris Fenech

Mar 18th 2010, 09:56

Edwin Formosa,

1. Il-Front Kontra c-Censura sempliciment ma jridx li l-Istat jiddetta lill- individwu matur x'ghandu jew x' m'ghandux jara jew jaqra. Il-Front xorta jiproponi limiti: ezempju pornografija tat-tfal ghandha tigi iccensurata, u anke instigazzjoni ghal vjolenza razzjali.

2. Min irid jara pornografija ma jfittixx letteratura, imma jidhol fuq l-internet generalment. L-internet mhux ic-censurat.

3. Fl-arti hija normali li ssib oxxenitajiet. M'ghandux ifisser li naqbdu u niccensuraw l-arti skond x'ifetlilna li huwa oxxen. Il-moralita' tista tkun kemmxejn suggettiva. Dak li huwa oxxen ghalik, jista ma jkunx oxxen ghalija, u vice versa.

4. Hadd mhu qed jghid li kulhadd ghandu jibda jaghmel li jrid. Il-Front Kontra c-censura irid li ligijiet li m'ghadhomx japplikaw ghaz-zmien tal-llum jimbidlu. Ma jridx li jitnehhew il-ligijiet kollha.

5. Mard venerali, m'ghandux bzonn letteratura biex jinxtered. L-ahjar soluzzjoni hija li teduka lin-nies, mhux li tattilhom ghajnejhom. Ghax dawk t'ghajnejhom mottija m'humiex edukati, huma biss maqtugha mir-realta'.

Robert Agius

Mar 18th 2010, 10:42

I feel sorry that people like you still exist. I mean, you depend on people controlling you to cause you do not have the capability to take a just decision for yourself.

I feel sad that people like you are still around, thinking that just because they are not capable of rational actions, or of shouldering responsibility of such actions, assume that the rest of the people are not able to do so.

However, I feel really annoyed that people like you start talking about such things as VD, crime etc. in big cities and making the downright assumptions that it all boils down to such things a writing an article for a university magazine.

Robert Agius

Mar 17th 2010, 18:34

that is how a few men think unfortunately... and those are the serious issues, not writing about it.

You should put the blame on how your 12 old nephew got hold of it and not take it on the writer. Taking them to court, and making the issue do drastic has got something to do with how it spread out don't you think.

Have you read writings of De Sade, or Bataille for example? I don't think they would be good for you and recommend you stay away from such books. They do exist however, and some go as far as call them....my oh my...ART. Do you suggest putting some people in charge of what one should be considered 'artistic' or good for people to read or not? I would leave that up to the discretion Adults. The author does not shove such language on you. You decided to read it so I suggest you do something about your masochistic tendencies.

Just for the record, i do not consider it a piece of art but leave it up to everyone else to decide.

Robert Agius

Mar 17th 2010, 18:55

Democracy based on responsibilities more than anything. Democracy is always in progress and can never be attained. We can only strive to improve upon it. This includes changing outdated laws. Dictatorship is about order. Democracy is about tolerance.

Yes, Germany does have some issues in this regards but why don't we just start comparing ourselves to the Taliban in that case. I mean if things are bad we just need to point at a country that worse off. Just because a country such as Germany decides to take some sort of action does not mean that its also being more democratic does it. Of course, I wish we were more similar when it comes to other matters though.

The truth is that in matters like this things get out of hand and in other more serious matters things are mostly ignored. If there is anything that is degrading is the lack of justice the Maltese people truly have and the lack of diligence on who to take action on by the police farce, erm... sorry, force.

Oh, and start reading about democracy, you will find more serious issues to address i'm sure.

cmcelhatton

Mar 17th 2010, 11:49

This is an absurdity, come on people there are by far more despicable crimes we should be tending to than prosecuting someone for writing allegedly pornographic material. If this goes through, what next, a crusade against literature (imported or otherwise)containing dubious content? Will we have a new Black List for such books?! Let's get back to more important matters for crying out loud!

K. Pullicino

Mar 17th 2010, 12:17

Apparently, the students themselves were the ones that reported the article so I would hold back "the heavy hand of the state is being brought to bear once again" and cut out the drama.

You either follow the law or face the consequences.

Joseph Aquilina

Mar 17th 2010, 12:23

There is no need to over dramatise the situation. Most probably they will only get a fine.

Chris Fenech

Mar 17th 2010, 20:31

Joseph, why do we even have to tolerate that an artist and a critical editor are prosecuted by the Law for writing and publishing a short story ?

Joseph Aquilina

Mar 17th 2010, 12:25

Regardless of which year we live in, laws are there to be respected. Laws exist to ensure the well being of a whole society. This law does not stop anyone from freely express him or herself, but in the way this can do so. There where plenty of more respectable words the author could have used to pass the same message. He wanted to provoke however.

K Cassar

Mar 17th 2010, 15:19

@Mr Aqulina- I agree with you that the law is there to be respected... But Mr Aquilina the consequences of this law could be punishable with a prison sentence... In my opinion this should not be tolerated in today's day and age... I repeat we are not living in the medieval years OR the 1960's/70's/80's OR in a country under the tyranny of a communist ruler... Please note that many people who are arguing agains this INJUSTICE do not like or agree with what was written in the story.... its all about Free Speech For the Dumb .... either take it or leave it...

Joseph Aquilina

Mar 17th 2010, 09:56

Yes I remember an incident with "air freshners tal-karozzi bin-nisa gharwenin". It was next to a primary school while children where coming out of school. However I guess you are right ... why should we adults care how such content may effect our children!

Joseph Aquilina

Mar 17th 2010, 09:40

Neither would have I reported it. However we all must understand that we live in a society and that the laws of the society should be respected - otherwise anarchy would follow. There are other means how such laws can be challenged and even when challenged it does not mean that such laws should be changed. The current laws are not there to limit freedom of expression but rather to build guidelines on how people should express themselves without hurting the morales of others. Let us remember that there are ways and ways how someone can express him or herself without distorting any significance to the message given.

Matthew Montebello

Mar 17th 2010, 10:15

What if you were a 15-year old reading it at JC?

Joseph Schembri

Mar 17th 2010, 13:02

So what if you were a 15 year old reading it at JC? Do you live in some parallel universe where teenagers have never heard of sex or 'heaven forbid' engaged in it?

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