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Court ruling under fire

The court ruling that justified a ban on the play Stitching because of its vulgarity has come under fire from many in the theatre community, who say the work was not viewed in its proper light - as art.

The judgment, however, was seen by others as a reflection of the public's desire for some form of limit and as inevitable considering the law as it now stands.

On Monday, the Civil Court ruled in favour of the ban because it said the play was an affront to human dignity and the classification board had been reasonable to view it as "an offence to the whole culture of the country".

Since swearing was unacceptable in public and against the law, the judge said blasphemy and vulgar language could not be tolerated in plays, otherwise it would be discriminating against those who were punished for swearing in public.

The ruling, which is going to be appealed by the producers, stops the theatre company, Unifaun, from staging the controversial script by Scottish author Anthony Neilson.

The play, about a couple in a crisis coming to terms with loss, should have been staged in January 2009 but the Film and Stage Classification Board banned it because it felt the "envelope has been pushed beyond the limits of public decency".

Reacting to the judgment, Former Prime Minister Alfred Sant, a playwright himself, said he had not read the script but in principle disagreed with the judgment.

He said there was consensus in the modern world that some things should be censored, especially hate speech, but there was a fine line between propaganda and art. "It does not mean you cannot have an anti-Semitic character in a play."

He said he was "unimpressed" by the judge's argument that swearing in a theatre was equal to swearing in public.

"Does that mean we should stop all the American films coming to Malta? Whether you agree or not with that form of expression, it is part of the modern way of projecting reality," he said.

Theatre director Albert Marshall expressed shock that the judgment did not make the "very fundamental" distinction between reality and art.

"It's one thing to swear in public and be penalised justly. It's another to do it in an artistic context," he said, pointing out that nudity was not accepted in public but could not simply be made illegal in an artistic context.

A large number of actors, directors and theatregoers yesterday uploaded black squares on their Facebook profile display pictures in solidarity with the producers of Stitching.

On the other hand, theatre critic Paul Xuereb felt the judge really wanted to ensure the floodgates were not opened to a completely unrestrained depiction of immoral behaviour.

"I am not keen on censorship at all but I would be happier if the companies in Malta were themselves to exercise restraint. Some people seem too keen on shocking audiences. I think we need to be shocked from time to time, but a number of people are afraid this will lead to more changes in Maltese society."

He pointed out that for practical reasons the law only enabled the classification board to view the script rather than the play, which was why the court chose to do the same and refused to watch it.

He said he had nothing against "vulgarity" in plays, which was an aesthetic thing that could get tiring but did not bother him. "What disturbs many people is an excessive use of explicit sexual action on stage, which is very often the result of an inability to say something subtly. But in-your-face theatre is very fashionable nowadays."

Dr Xuereb felt the ruling was a reflection of the public's desire to have some form of limit.

The chairman for the Malta Council for Culture and the Arts, Adrian Mamo, said the outcome of the case was inevitable "because that's the way the law is".

"What really needs to be done is to amend the law. Hopefully, this is being tackled."

He disagreed with banning art but said certain kinds of expressions had to be restricted to particular contexts. Subversive theatre was not allowed on all stages around the world.

"Malta is still very far from other countries. If you go to London you can go watch Hair, a very popular musical, where everybody is nude. I don't think it would be staged here."

Alex Pace, of KRS film distributors, said this was a difficult issue because many films were packed with swear words.

"If you start banning swearing, you can ban everything. What about killing? We see it constantly on TV, films and plays. You can't just ban something because it is unacceptable in a real, public setting," he said, adding that in a cinema or theatre there were ratings to protect audiences.

Meanwhile, the Front Against Censorship issued a statement saying the ruling would trigger a new wave of censorship of the arts and fuel the intolerance already present in society.

The Front was "shocked" by the decision that the ban did not amount to an infringement of the right of freedom of speech.

"The Front is extremely doubtful how a play could have the potential to 'turn the values of society upside down'. It also doubts whether a society which censors the wilful viewing of art by adults deserves to be called civilised," it said, quoting passages of the 82-page judgment.

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David Masters

Jul 2nd 2010, 17:58

@mr caruana and mr farrugia thank you for commenting on my post, which, I might add, was neither intentend to be funny nor guising any agenda whatsoever. I was merely trying to point out that censorship is extremely dangerous in so far as who gets to decide what should be censored and what not. the passage quoted is not pretty, but written by men in and of their time, thus reflecting the mentality of that era; so, Biblical Hermeneutics point accepted, I could just have easily posited a line or two from other works of universally admired literature, film, art etc, to which many would still take offence, regardless of the fact that they stand tall on education syllabae at both secondary and tertiary levels. Huxley, Lawrence, Kubrik, Blake Galileo etc were all banned at some point or other by the authorities of the day) Whose authority should be respected is my only point, which standards and what is the yardstick being used? It was mr zammit who conveniently brought religion and morals into this particular equation and it was to his comment that I made my post...interesting that you should decide that he cannot answer for himself.

Julian Borg

Jul 1st 2010, 18:52

Incidentally, the ad was banned from being displayed on posters, not magazines.

MBorg

Jul 1st 2010, 21:00

@ Julian Borg

If you took some time to read what I wrote you would have seen that I wrote " Posters are not being allowed of this ad, in public. They are only being used in certain magazines, not in all, but in some which normaly carry distasteful pictures , the Uk ad watchdog said people "who buy these magazines are used to these pictures."

Julian Borg

Jul 2nd 2010, 14:02

@MBorg

Erm...I did take time to read your post, but nowhere did you mention that the ad WAS allowed to run on magazines. It was banned from posters with the justification that it might be unsuitable for children (and possibly adults with a child's brain). A poster is usually displayed outdoors for indiscriminate viewing by passers-by. A magazine, on the other hand, is read by adults who'd be consenting to viewing its content by virtue of having paid for it. Now, honestly; what's more analogous to a play rated 18 and performed in an indoor theater: a poster or a magazine?

David Masters

Jul 2nd 2010, 12:24

though a keen bible student, hereunder's one of many i've never understood nor had properly explained to me. TAKEN IN CONTEXT its actually and explicitly advocating genocide as God's instruction, yet it can hardly be censored, can it now?!!. yet following the logic moral and criminal codes you speak about, do you think it should be edited accordingly? dangerous territory. i'm glad its not me who has to make these decisions, BUT could/would anyone deny me my right to read the OT as it was written?

Go, now, attack Amalek, and deal with him and all that he has under the ban. Do not spare him, but kill men and women, children and infants, oxen and sheep, camels and asses. (1 Samuel 15:3)

i also know of another passage that, metaphorically, tells me to walk a few miles with my enemy....perhaps, if nothing else, to understand him better.....and if he babbles, im not forced to listen, i can just turn on my headphones :). offfence is taken not given.

Joe Zammit

Jul 1st 2010, 12:01


Nanette, you are completely wrong. The theatre is a public place where morality and the criminal law have a place by right. No one is going to argue just watch it if you want. What harms society should be watched by no one. All our Criminal Law is censorship and it will remain with us, whether we like it or not. It is there for our own good. Favouring 'Stitching' = favouring trash!

S. Calleja

Jul 2nd 2010, 09:13

"All our Criminal Law is censorship"... here we go again!

Definition of censorship ( http://en.wikipedia.org/wiki/Censorship ): out of the window;
Rules of logic and simple, basic set theory (censorship law are a subset of criminal laws): out of the window;

Please find me a wall so I can bang my head against it.

Joe Zammit

Jul 2nd 2010, 02:46


Karl, we are obliged to follow both laws. A good Catholic obeys the laws of the country as well to the extent that these do not infringe on Moral Law. Christ obeyed civil laws as well in so far as these were in line with his infallible teaching.

MBorg

Jun 30th 2010, 22:16

How very right. spot on !

Certain companies and playwrights know that they have nothing to offer by way of art so they try to shock by going overboard. Then they cry foul when we object to their rubbish.

Julian Borg

Jul 1st 2010, 12:03

It's called 'in-yer-face theatre', and it IS meant to shock and displace patrons from their comfort zone.... with their consent of course.

A Zammit

Jun 30th 2010, 22:05

Marc, you're right. File a complaint with the police. I am. why should this filth be shoved down our throats?

Raphael Vassallo

Jun 30th 2010, 19:58

As usual, you are wrong. Humanists are not 'out in full force', and the only people SHOUTING are the ones who resort to the Cap locks key. Take a look at the comments and you'll find they are all taking the Court;s side.

Raphael Vassallo

Jun 30th 2010, 20:03

And can you kindly elaborate on who these 'gremlins' are? Or is it just a pet insult for everyone who disagrees with you? I'll repeat what I told you in another thread: you seriously need a crash course in manners. (and don't ask me for lessons again, I've already told you it's beyond my capabilities)

Joe Zammit

Jun 30th 2010, 19:38


Mr Crocker, you are completely missing the point. We accept Shakespeare, DH Lawrence, James Jones, etc. Their works are works of art. 'Stitching' is trash and breaches our Criminal Law in more than one provision.

Franco Farrugia

Jun 30th 2010, 17:45

Why do I get the feeling that you are being ignored?

david debattista

Jun 30th 2010, 19:31

You are right, a good question. may be we did not have the know how to stop it .
but it is a good observation Mr DeMartino.

Robert Agius

Jun 30th 2010, 17:23

@Joe Zammit

Doing is active, a play is something you watch - Passive. If you cannot distinguish between the two then that is YOUR problem. One chooses to go to a play and may find about the content before.

Joe Zammit

Jun 30th 2010, 19:28


Robert, doing includes all actions: speaking, laughing, weeping, helping, watching, smiling, jesticulating, acting in a representation, etc. One can transgress Moral Law and our Criminal Law in diverse ways.

Robert Agius

Jun 30th 2010, 17:28

nobody is forcing anything down your throat David. I hope adults are mature and responsible enough to decide for themselves. If you let YOUR children watch whatever they please then you should be ashamed of YOURSELF.

Raphael Vassallo

Jun 30th 2010, 17:49

You haven't answered my question. What gives you the right to order other people to leave? I'd like an answer, please.

Franco Farrugia

Jun 30th 2010, 17:44

At least, be good enough to get the name right. It's 'Stitching'.

Joe Zammit

Jun 30th 2010, 19:34


Franco, you had to be to be caught 'bhal mazzun'!

Raphael Vassallo

Jun 30th 2010, 15:40

Who are you to tell other people to leave? Anyone would think this country was your own private property.

Joe Zammit

Jun 30th 2010, 16:41


Ramon, you are still green to understand our Criminal Law!

Joe Zammit

Jun 30th 2010, 16:38


Charles, one evil does not condone another evil. Two evils do not make a good!

Joe Zammit

Jun 30th 2010, 16:37


Karl, you seem to be still green to understand our Criminal Law!

S. Calleja

Jul 2nd 2010, 09:05

@Joe Zammit: Funny to read such a comment from someone who insists that Criminal Law is a form of censorship. Since when are murder and theft an act of expressing oneself?

Joe, you may wish to polish up your definition of censorship here: http://en.wikipedia.org/wiki/Censorship

S. Calleja

Jul 2nd 2010, 09:07

U prosit Karl. I watched Kont Diga' at St James Cavalier and you were awesome, as were all the other actors. Prosit!

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