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Monday, March 14, 2011, 09:26

Update 3: Ir-Realta acquittal - PL hopes there will be no appeal

UPDATED - Adds PL reaction, court's considerations

The Labour Party this afternoon welcomed the acquittal of Mark Camilleri, editor of student newspaper Ir-Realta and writer Alex Vella Gera, who had been accused of publishing pornographic and obscene material.

The party said the court had effectively underlined the point that authors and writers should not be arraigned on criminal proceedings for publishing fiction, more so when the plot was one which shocked and criticised society through the strong realism that was used.

The party said it felt that the law against the distribution of porn and obscene material should be used for their purpose only, and not to threaten imprisonment for authors and writers.

It urged the government not to appeal the sentence and instead to modernise the laws on freedom of artistic expression, in agreement with the opposition.

Following the court judgement this morning, Mr Camilleri said an apology was the least that University Rector Juanito Camilleri could do after having reported the case, and added that it would be good if he stepped down.

Mr Vella Gera described the verdict as a step for freedom of expression in Malta and said artists would therefore not feel they should resort to self-censorship.

The case was decided by Magistrate Audrey Demicoli.

Mr Vella Gera had written the article entitled Li tkisser sewwi, a graphic piece of fiction about sexual violence.

The newspaper was distributed at the University before being banned and reported to the police by Prof Camilleri.

The editor and the writer were accused of distributing obscene or pornographic material and for undermining public morals or decency, under both the Criminal Code and the Press Act.

For the Criminal Code charge Mr Vella Gera faced a prison term of up to six months and/or a fine of up to €465.87 while the Press Act contemplates a maximum of three months in prison and/or a fine.

The 1,300-word story was a first-person narrative by a sex-craved Maltese man who spoke in very degrading and sexual terms about women, whom he treats like objects.

It received mixed reviews, with some saying it was insulting and offensive to women and others interpreting it as a story aimed at exposing this pathetic but prevalent mentality, as the author said he intended. Some also said the story was weak or unappealing but defended it in terms of free speech.

Mr Camilleri had said that if the issue went to court he would be prepared to go all the way to the European Court of Human Rights on the basis of violation of fundamental human rights.

COURT'S CONSIDERATIONS

The court said the prosecution had produced no evidence to define public morality in Malta and how it had been infringed. The court felt that public morality was something which changed over time, and what offended public morals 20 or 30 years ago did not necessarily do so now as realities changed, including the media.

Furthermore, the publication was limited to students of the University and the Junior College, who were mature students who had free access to a variety of media including books, newspapers and the internet.

It had not been shown how Ir-Realta offended their morality.

The writer had exercised his freedom of expression through a literary work and no crime had resulted, the court said.

See blog

http://www.timesofmalta.com/blogs/view/20110314/andrew-borg-cardona/some-good-news

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Peter Korsten

Mar 15th 2011, 19:27

"There's no such thing as bad or good art."

You're obviously not familiar with Tracey Enim. :)

Mario Vella

Mar 16th 2011, 01:19

your assessment of the situation might just about place you in Confucius' ballpark.

Wow Peter Agius. You've read 'Catcher in the rye'? I mean REALLY? AND Tolstoy as well? My oh my.

Any further namedropping? How could you ommit Shakespeare? That most unadultareted of writers? As a Times commentator you should feel dutybound to namedrop the Bard. That alone vindicates ANY claim....ANY

Adrian Buckle

Mar 15th 2011, 15:43

@MBorg Maybe you're right. I happen to disagree. I think it is thought provoking in that it captures excellently the maltese macho way of thought. But let's say, for the sake of argument, that it is worthless. Alex Vella Gera still has the right to publish it. As Voltaire said, "I might not agree with everything you say, but I will defend to death your right to say it." I happen to find our kappillan's speeches from the pulpit disgusting, homophobic and crass, but I would never dream of censoring him.

David Caruana

Mar 15th 2011, 11:26

What insults "our people's" intelligence is that Vella Gera and Camilleri were taken to court in the first place.

isabelle borg

Mar 15th 2011, 14:09

are you one of those who claims he has never watched porn or pornographic material in his entire life?

Alfred Falzon

Mar 15th 2011, 21:48

@David Caruana and @Isabelle Borg
It's not a question of being "holier than thou", but there should be a modicum of morality left in us to protect our young generation from today's onslaught of licentiousness and sleaze.
Your reaction speaks volumes. You seem to encourage such dirt accessible at one point in time to Sixth Form students and minors!
Indeed, the PL is expected to reflect over its unwarranted jubilance and ask its two MPs Owen Bonnici and Evarist Bartolo to refrain from associating their so-called "progressive" party with such tripe!
The great majority of the Maltese condemn such shameful filth and those behind it!
We are not afraid to call a spade a spade in this age of unrestrained indulgence and look forward to an in-depth discussion on pornographic literature with the two above-mentioned gentlemen when the occasion arises.
Freedom of expression is one thing and we agree ABSOLUTELY, but ABUSE of it is another thing!
Let's not overdo it by being simply DISGUSTING!

Michael Grech

Mar 15th 2011, 09:52

What would we have missed if you hadn't posted your comment? Absolutely nothing, I can assure you. Still, it is essential that you have the right to post your, to my mind illogical, comment. Freedom of speech is not a matter of 'missing' , 'requiring' etc. It is a question of RIGHTS.

E.Schembri

Mar 15th 2011, 10:05

errr...helloooo...

I am talking about university publications, not the general media!!

And neither am I saying that the campus was a holy place, far from that, but you would never find a university publication of that sort.

Kenneth Cassar

Mar 15th 2011, 15:33

The story is not appropriate for family newspapers. Regardless of questions of artistic merit and/or obscenity, I think we can all agree that it was meant for adults only.

Frans Attard

Mar 15th 2011, 19:47

'Ir-Realta' setet facilment ittiehdet id-dar ta' l-istudenti u giet f'idejn huthom iz-zhar u dan il-fatt il-magistrat ma kkonsidratux, ma nafx ghaliex Sur Cassar.

David Caruana

Mar 15th 2011, 08:41

E Formosa


Veru sa mniehrek tara u ma tistax tirrealizza li f'Malta mhux kulhadd nisrani u hafna jigu jaqghu u jqumu f'jghid il-qassis minn fuq il-pulptu jew x'jghid il-ktieb tal-hrejjef tieghek.

Trid tkun tassew mohhok maghluq biex minghalik li kull min mhux nisrani, m'ghandux moralita'. Bil-Kristjanezmu kollhu tieghek, ma tantx qadt toghmod biex tghajjar lil- haddiehor.

Franco Farrugia

Mar 14th 2011, 19:33

There are so many things that I want to happen - but they don't. I want many messages to be imparted, but they are not. So why should you have what you want?

Franco Farrugia

Mar 14th 2011, 19:39

Have you ever been to the village square's 'hwienet tax-xorb'? Or bandclubs for that matter? Or any other bar? Haven't you heard the constant blasphemy taking place? And what about the blasphemy we hear during village festas, and any other openair events? Haven't you heard blasphemy before? Then, let us arrest and take the court three-quarter of the Maltese people, policemen included, before we arrest the mentioned writer. Hallina, man!

MBorg

Mar 14th 2011, 20:12

@ Franco Farrugia We really are progressing man.! So according to you it is Ok that we have now reached a stage where a publication ment for University students is full of the same tasteful,polite, refined words one normally finds in " hwienet tax-xorb and village festas." Malta should be proud of its University if this is the case.

A.Gauci Cunningham

Mar 14th 2011, 20:33

MBorg---My, my it takes long for some to get it!! The point of the story was not to glorify the attitude or to promote it but to demonstrate it. It is precisely the author's "job" to instigate discussions and provoke reactions that challenge the status quo and the macho/sexist culture which is still prevalent in all of Malta's social classes. Unlike what you and many others may think literary provocation is a very legitimate tool which can be used, even through reflected obscenities, to create an intelligent and informed discussion. Then again if you still find it too distasteful to read and discuss you can always refrain from doing so.

C Muscat

Mar 15th 2011, 11:23

As stated a question of RIGHTS. That is exactly my remark. I do not care whether it is literature or pornography but next time do not send it to my 16 year old daughter now because she will have time later on to see whatever she likes without anyone abusing the system. The way this was sent was not RIGHT. He may write whatever he likes like me and you putting these remarks But not to be sent directly to All and Sundry.

Mark-Anthony Fenech

Mar 14th 2011, 15:43

*Yawn* If the PL doesn't comment, it is being passive, if it does comment then it is imposing its will eh?

Marylu Alosia d'Agostino

Mar 14th 2011, 16:03

@ J Farrugia

The Labour Party is not imposing its will on anyone. It is simply requesting that sense prevails and the AG does not appeal this sentence, which after all, is mindful of artistic expression, is level headed and is fair.

David Caruana

Mar 14th 2011, 16:52

Which majority?

I'm not a PL fan but I wouldn't call the PN a majority, especially now that it seems that Dr.Gonzi is on the verge of losing his majority even in Parliament.

Ramon Casha

Mar 14th 2011, 17:53

According to the article, "[PL] urged the government not to appeal the sentence"

They urged the government, not the police. Besides, there's a difference between "urging" and "imposing their will". Anybody - even individuals such as myself - has every right to urge the government not to waste more money on this case, which in my opinion should never have been started in the first place. The decision is the correct one and I hope that it sets a precedent.

Kenneth Cassar

Mar 14th 2011, 18:35

Ehm...the police cannot appeal. Its not their job.

E Mifsud

Mar 14th 2011, 18:41

How sick of the PL? Hallo, this is 2011, not the middle ages. How sick of the University to even think of taking its students to court, the supposedly cradle of liberal thought and expression. No wonder we have had so few uprisings in our country, we have a dead University.

Ramon Casha

Mar 14th 2011, 17:48

You have the right to read the article or not.

Considering that you hear FAR worse on the streets, and you can't stop yourself from hearing them, a written article is intrinsically less offensive whatever it contains.

Trevor Zahra

Mar 14th 2011, 15:52

Mark Anthony ---- .excellent wit...well done :-)

Nick

Mar 14th 2011, 16:43

I must say that I am in full agreement with Mr. Fenech here, for I too fell victim to the negative effects of literature back in sixth form. After reading Zen and the Art of Motorcycle Maintenance, I stopped studying Chemistry and Biology to became a Buddhist mechanic. I am now well aware of how foolish I was. Shaving my hair bald makes it really tough to get the motor oil off my scalp.

Ramon Casha

Mar 14th 2011, 17:45

That's nothing. Thanks to all the cartoons I watched as a kid, I gained the ability to fly and fire laser beams out of my eyes.

Kenneth Zammit Tabona

Mar 15th 2011, 13:41

At last ..........some humour! Well done. I hope you bought your granny another ring miskina!
I wonder if I would be arrested were I to exhibit erotica?

Jeremy N Grech

Mar 15th 2011, 00:39

LOL l-inteligenza ta' dan il-kumment laqtitni ferm, allura ddecidejt li nghatik reply biex nifrahlek talli irnexxielek tigbidli l-attenzjoni bil-livell atroci ta stup.. err INTELIGENZA li biha tkellimt.

J Farrugia

Mar 14th 2011, 16:38

A victory to democracy and freedom of speech?? it is a victory for our perversely sick society which wants divorce, abortions, euthanasia, gay marraiges and all the dirt of sodoma and gomorrha. The minority wants to rule this country by imposing its vulgarities on the majority. My only hope is that the people, the silent majority will stop all this obscenity when the referendum comes our way.

Max Bartolo

Mar 14th 2011, 13:44

No. If they meant 'adults' they would have said adults not mature students. Neither phrase implies the other. Why are people so intent on twisting words to suit their own agendas? If it says 'mature students' then that's what it means. Period.

Joseph Mizzi

Mar 14th 2011, 13:46

Anybody, having access to the Internet, without having parents or guardians blocking certain content from his/her viewing, is to be regarded as mature enough to read Vella Gera's narrative. The court was right in making this declaration.
All the rest is hypocrisy.

G.Schembri

Mar 14th 2011, 15:51

What if grandmama had read that piece, she might have understood it. As for young children it was far above them, unless these same children are exposed to vulgar words. Here we are not talking about pictures or films we are talking about the written word and to read you have to understant and enjoy what you are reading or else you just stop reading.

E.Schembri

Mar 14th 2011, 14:35

I can assure you, I am very aware of the reality in foreign universities as I spent 3 years at a UK university reading for a Masters degree, and never did I see an article of this sort.

And yes, the university boards are very strict as all publications must be of a level in line with the universities guidelines, with regards to respect, tolerance, plagiarism, collusion etc.

However, you are right, no university board will fall over themselves for such an article, they will simply dismiss the student from his studies with a simple email, together with a hard copy posted to your address!

D.Galea

Mar 14th 2011, 12:45

Aren't University students to be the elite youth of the educated and maturity? What kind of University is one which has students which cannot handle such realities? Feeding them bees and birds isn't beneficial. You for one amongst other put very little faith in Maltese students, this is the real shame.

JAFarrugia

Mar 14th 2011, 13:02

This is the problem with people like you, you have to stick your nose in what other adults do or want to do, if i want to watch/ read pornography(If that's what you want to call it) i will, I'm an adult i make my own choices, I don't need some goody goody pretending to be all prim and proper telling me what to do.
Too many people sticking there nose where it doesn't belong.
As for Juanito, OWNED... BIG TIME.

E.Schembri

Mar 14th 2011, 14:10

@JAFarrugia,

First of all, no one is sticking his nose in what you do, trust me, no one cares!!!
Did I ever tell you not to watch pornography??? So please read twice before commenting!!!

On the contrary, it is Mr Vella Gera that dumped his XXX rated article on the unexpecting university audience whether they wanted or not!

Secondly, no one is acting all prim and proper as everyone had his fair share at some point in his life, including me.

All I said is that publishing pornographic material on a university newspaper is of bad taste and destroying the credibility, standard and reputation of the university. Apart from that, some female students considered the article as offensive and degrading, so where has your respect gone to what other fellow students feel?

Seems you are not much of an adult after all!

Joseph Camilleri

Mar 14th 2011, 16:29

I think it was a student publication and not a University publication.

Kenneth Cassar

Mar 14th 2011, 12:21

Try it. You'll find out soon enough.

Ramon Casha

Mar 14th 2011, 17:41

I see no reason why you shouldn't be able to write about a racist who speaks negatively about black people.

Wayne Flask

Mar 14th 2011, 11:55

I think this means you understood nothing of the story. It's actually a gruesome depiction of how some women are treated here in Malta. Maybe you feel it's okay that a man gets fined a pittance for beating his partner, but writing about it, hell no, that's a sorry outcome for justice.

Maybe it's time to get our heads out of the sand.

Mark-Anthony Fenech

Mar 14th 2011, 12:03

erm it's species not speaces :p

And it's a story for hell's sake, the author was not promoting violence against women..

Ramon Casha

Mar 14th 2011, 12:16

@Petra: First of all, men and women belong to the same species (or "speaces").

Secondly, saying that there are men who have the sensitivity of a lump of clay towards women is not in itself insulting to women. It is, unfortunately, a fact.

Consider the difference between a film about WWII, and a nazi propaganda film. They both deal with the same subject, and the WWII film could show some terrible atrocities being committed, but they are not the same.

G.Schembri

Mar 14th 2011, 15:22

Nobody had to read it at gunpoint. I started reading it, found it not to my taste and stopped. I'm sure University students are mature enough to decide for themselves what to read and what not to read. These youths will in the near future hold important posts, when should we start to treat them as adults.
I would have expected you and others who like you came up in arms against this piece of literature to come out forcibly against the man who was filmed on U Tube brutally hitting a woman. That is the type of behaviour we should condemn, if anything Vella Gera's story should have made us discuss why women are still being used by men and how to stop such monsters from roaming our streets. I hope you complained when that man was not even given a suspended jail sentence, now that was an injustice against women's rights and not Vella Gera's story.

Ramon Casha

Mar 14th 2011, 17:37

I should hope so. Imagine writing a book or drama in which one of the characters is supposedly a vulgar, foul-mouthed yob, but you can't use any form of vulgar words in the dialogue! You end up with this character and the village parish priest using exactly the same kind of language. Many Maltese dramas sound artificial and sterilised because of this. They're supposed to accurately depict a character with all its flaws.

David Caruana

Mar 14th 2011, 12:11

Did you even bother reading the article?!?!

"... a story aimed at EXPOSING this PATHETIC but prevalent mentality, as the author said he intended."

David Caruana

Mar 14th 2011, 11:58

Controversial writer Alex Vella Gera wins prize at Book Awards

http://www.timesofmalta.com/articles/view/20110121/local/controversial-writer-alex-vella-gera-wins-prize-at-book-awards

Ray Gatt

Mar 14th 2011, 13:07

You not agreeing with the verdict does not make it wrong. Freedom of expression is a right.

David Caruana

Mar 14th 2011, 11:54

j.cassar,

Did you even bother to read the article?

"... interpreting it as a story aimed at EXPOSING this PATHETIC but prevalent mentality, as the AUTHOR SAID HE INTENDED."

P.S. What's wrong with paganism?! Your comment is highly insulting to pagans who just happen to worship a different god than yours.

Jacques René Zammit

Mar 14th 2011, 11:11

From a legal point of view nothing much has budged. The court judgement is an interpretation of the law as is. The law has not changed. It was the same before LTS was published and remains the same after the judgement. Under that law the article was not deemed to be pornographic or obscene - that same law existed before and after the judgement.

It's not so much the law that is conservative as the mentality of those trying to misapply it.

Jeremy N Grech

Mar 15th 2011, 00:43

@ jaqcues .. still remains the fact that artists now should no longer be scared of no freedom of expression because the laws now are clear to everyone. So basically this was more a mentality change.

Kenneth Cassar

Mar 14th 2011, 10:30

What do you mean by "This was a straightforward piece of writing"?

Frans Sammut

Mar 14th 2011, 11:10

I tend to agree with most of what you've written. It is best to keep the right perspective despite the impulsive reactions from both conservative as well as the modernists with whom I normally agree.

Frans Sammut

Mar 14th 2011, 11:13

If you read Porter Abbott you will understand what I mean. Go on, read the great literary critic, then come back with your opinion of him. If your understanding of literature is not enlightened by what you read I give up. No use discussing with people who cannot see the difference between a straightforward narrative and a literary one.

Kenneth Cassar

Mar 14th 2011, 12:17

So you tell me to look elsewhere for an explanation of what YOU wrote. Fair enough. You have the right to choose not to reply, even if mine was a fair question.

Frans Sammut

Mar 14th 2011, 12:22

Correction: The following was meant to be addressed to Mr Vella: "I tend to agree with most of what you've written. It is best to keep the right perspective despite the impulsive reactions from both conservative as well as the modernists with whom I normally agree."
I reiterate my original position, expressed months ago, that the text under review cannot, to my mind, be considered as 'literary' for reasons explained by the critic Porter Abbott who has made clear the underlying difference between ordinary narrative and the literary kind. Had the text we are discussing been really literary it would not have caused all the bruhaha and comments legitimately made by R. Borg, Petra Cassar and C. Muscat among others. Literature should not be hampered by censorship but it certainly needs more artistic as well as technical abilities than those exhibited by Mr Vella Gera. When referring to this writer I am not implying that what I wrote necessarily applies to all his writings. I had to add this before over-sensitive commentators barge in with their half-baked counter arguments. If there is something I hate is being considered as a supporter of conservative ideas and their propagators.

Kenneth Cassar

Mar 14th 2011, 18:31

@ Frans Sammut:

Fair enough. You and other followers of Porter Abbott have every right to that opinion, just as long as that opinion is not imposed on the rest of us. And I gather that you're against that kind of thing.

Frans Sammut

Mar 14th 2011, 19:25

Mr Cassar, you are absolutely right at least in one aspect, namely that I don't wish or intend to impose my opinion on anybody else. That is why I referred you to Porter Abbott. It would take too long to explain my view on this board and you can peruse Porter Abbott's explanation at your leisure. Allow me to repeat - for the last time - I had expressed my personal view on this case very early on its time-line. I did not concur with the idea of taking the writer and the editor to court. This notwithstanding I cannot agree with those who consider this piece of writing 'literary' which is a separate issue. You see, I am not easily carried away and dislike the Catch-22 situation created by hurried decisions, namely that to save the two persons involved from the clutches of the law, one has to forgo one's literary standards. To conclude: I am as happy as you are that the two persons involved were acquitted but still insist that they do not claim acquittal on grounds of literary value. They were acquitted in terms of freedom of expression.That is all.

Charlie

Mar 14th 2011, 10:26

Awesome outcome the way forward

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