Justice Minister attacks Labour leader on porn penalties
Justice Minister Carmelo Mifsud Bonnici is baffled at how Labour leader Joseph Muscat can accuse government of "stealth" when it imposed tougher penalties to protect children from pornography.
"We did nothing backhandedly. On the contrary, we acted correctly and both sides of the House agreed we have to fight child pornography," Dr Mifsud Bonnici said.
The minister added that Article 208 of the Criminal Code was amended to complement other legislation. Otherwise the law would have been "lopsided", with Article 208 having lenient penalties and the subsequent Article 208A slapping a fine on the offender.
"Dr Muscat is not a lawyer and cannot judge the situation by what appears in the media.
"His MP José Herrera raised several points at committee level, but it was always clear throughout that this change was being made to protect children - we both voted in favour of the law," he said.
His reaction comes in the wake of Dr Muscat's admission that his party had not meant to back the legal amendment, but it had been "sold" to the opposition as part of a package of laws to strengthen penalties for child pornography, and passed as a "measure of stealth".
Dr Muscat was defending himself after the Front Against Censorship accused his party of saying one thing during a meeting and then backtracking by voting for a change to the law in Parliament in June.
Article 208 is the same clause under which Mark Camilleri, the 21-year-old editor of the University student newspaper Realtà, was charged for publishing a graphic story.
Under the amendment, violating Article 208 on the production, circulation and possession of material which can be deemed pornographic if intended for display in a public place can now land an offender with a six to 12-month jail term (before it was a maximum of six months), while the fines have more than doubled.
The front believes this change is intended to instil "a culture of terror" in the artistic community, but Dr Mifsud Bonnici insisted this was not the case. He said a specific parliamentary committee was working to update the definition of what constituted obscenities to reflect today's reality.
"I believe we should have public meetings in Parliament where people can come forward and discuss their stand on pornographic books, pay-per-view porn in hotel rooms and the like. Isn't it obvious that things have changed in society since the last definition of obscenity in 1975?" he said.
"But we are working on establishing guidelines of what is considered porn, and the sooner we do this the better."
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M Saliba
Aug 2nd 2010, 11:05
Since Dr Mifsud Bonnici said that "specific parliamentary committee was working to update the definition of what constituted obscenities to reflect today's reality" this committee should update the definition of pornography. The law reflects the mentality of the 20th century. Our parliamentarians should wake up and update the law.
Today EVERYTHING is available at home on the internet and on satellite TV. It is up to the individual to choose what to read or view. The Maltese are mature and educated enough to select what they want to read or view. The religious fundamentalist mentality is out of tune with the liberal view of today's young men and women.
Ramon Casha
Aug 2nd 2010, 06:36
"Ironically, they do not even derive any pleasure from it because pornography leaves them literally drained. It drains their energy and bank accounts. As soon as they turn away from the screen, they feel worse....."
I take it you're speaking from long personal experience and years of research, right? You might want to compare notes with others who, despite accessing porn, don't go through the same experiences you do.
VINCENT A GALEA
Aug 1st 2010, 21:35
What is the difference between pornography and gambling? THEY ARE BOTH EVIL!!!
Why are not the same stances being levied at gambling?? The church radio even entices its listeners when advertising gambling, "ĦA TIEĦU ĊANS".......
david debattista
Aug 1st 2010, 20:20
Look lets put our cards on the table. I live abroad were you can rent a porn DVD just as if you are renting Spider Man. In this respect Mr Joe Zammit is 100% correct regarding all he said why, because in reality that is how it is. But Joe, it gets uglier let me explain. I was watching a documentary about a special police force which deals in child porn, then it got hard, what I mean is children with animals, Beastuality . They did not show any video for obvious reasons but listening to the audio and watching the facial expressions on the police *man and woman* was enough to make me turn the TV off . WARNING! For me this is pure evil and it is possible for some of you out there that once you contaminate yourself with such material you will never be the same person again. Better play it safe then smart . You have been warned!
Ramon Casha
Aug 2nd 2010, 06:38
That's a bit like saying rape is evil, therefore all sex should be banned.
Robert Agius
Aug 1st 2010, 19:53
'Dr Muscat is not a lawyer and cannot judge the situation by what appears in the media.'
ie. Unless you are a lawyer you cannot follow or understand. Citizens need to follow laws that they can't comprehend but be expected to follow nevertheless.
..then people wonder why they hate lawyers (especially the patronizing kind)... Why don't you start by making a CLEAR distinction between child pornography and pornography to start with.
Dr Bonnici, shoot yourself in the heat will you. (Notice - it's just an advice or recommendation just in case you want to sue me for instigation).
Joseph Schembri
Aug 1st 2010, 17:09
While the Joe Zammit who writes below is scary, what is even scarier is that I believe Dr. Carm Mifsud Bonnici, a man that I stupidly voted for many years ago, probably shares his views.
Joe Zammit
Aug 1st 2010, 21:30
Joseph Schembri, are you scared?!
Joe Zammit
Aug 1st 2010, 16:47
A little (or much) of it every day, pornography becomes an addiction, and this happens especially when one starts thinking pornography does no harm. Here I am not referring to children but to adults, to those who think they are free to do what they want in their room.
Ironically, they do not even derive any pleasure from it because pornography leaves them literally drained. It drains their energy and bank accounts. As soon as they turn away from the screen, they feel worse. Pornography unconsciously turns them into slaves. It is a very serious problem indeed.
Marriages are destroyed as husbands are unfaithful to their wives online. Jobs are lost and careers ended as people use their employer’s computers to view pornography. Addiction to pornography even leads some people to depression and suicide. We have voluntary organisations for people addicted to alcohol and drugs. We also need an organisation for people addicted to pornography.
MPs, fight pornography with all your might!
Josephine Bugeja
Aug 1st 2010, 11:42
Mr Zammit, don't you see that your posts only serve to harden the stance of those who disagree with you? No Church has a place to tell governments what to do. Consenting adults are NOT children. Parliament was absolutely right to increase penalties where it concerns the disgusting use of children in pornography. I fully support the Minister of Justice in this. But adults should be their own censors. No one has the right to prescribe to them what to read or watch. The censor assumes that he is superior to other adults and this is not acceptable in a democratic society. Maltese society should be secular like the rest of Europe and Catholic Catechism is there for Catholics to go by if they choose. Consenting adults may perform any sexual act in the privacy of their bedroom and this may include all the acts seen in a pornographic film and is not illegal. In the privacy of their homes, consenting adults are also free to engage in sexual acts in the presence of consenting adult third parties and, unless this is done for gain, it is not illegal either, as far as I know. Should this be censored too?
patrick zammit
Aug 1st 2010, 11:27
Every effort should be made to protect innocent children from predators and their accomplices (is a person high up in the Church's hierarchy who knows of abuse immune from prosecution for obstructing the course of justice by not reporting the case to the police?).
However, the case of consenting adults (like for example going to see a play) calls for more liberty and less government interference.
Ramon Casha
Aug 1st 2010, 10:47
It should be easy to clear up this issue then - amend the law to state that this only applies to child pornography, and not as it stands, where it can be taken to mean almost anything.
Joe Zammit
Aug 1st 2010, 10:32
Par. 2354 of the Catechism of the Catholic Church runs:
Pornography consists in removing real or simulated sexual acts from the intimacy of the partners, in order to display them deliberately to third parties.
It offends against chastity because it perverts the conjugal act, the intimate giving of spouses to each other. It does grave injury to the dignity of its participants (actors, vendors, the public), since each one becomes an object of base pleasure and illicit profit for others. It immerses all who are involved in the illusion of a fantasy world. It is a grave offence.
Civil authorities should prevent the production and distribution of pornographic materials.”
David Ellul
Aug 1st 2010, 11:00
Hey Joe, I'm not Catholic. I don't agree with the idea that the Catholic church has any bearing on my (or anyone else's) views about sexuality.
Miguel Micallef
Aug 1st 2010, 12:36
While I respect your views Joe, I am not a Catholic, either.
Joseph Camilleri
Aug 1st 2010, 12:48
@Joe Zammit: i've been brought up a catholic and have lived my life trying to abide by my catholic upbringing, but reading your comments here on the times has made me realise how dangerously narrow-minded this all is.
if you cannot distinguish between church and state than you have serious problems. what you promote is a catholic taliban. let's hope that your way of seeing things belongs to a very small minority because it is truly scary.