Christian Peregin
De Marco does not blame the obscenity law for Realtà case
The student newspaper Realtà being burned during a protest against censorship in 2009. Photo: Chris Sant Fournier
Culture Minister Mario de Marco, who this month moved to eradicate theatre censorship, responded to calls to update obscenity laws saying the law may not be to blame for infamous cases like that of student newspaper Realtà.
Dr de Marco said the new cinema and theatre regulations helped strengthen artistic expression, marking the start of a process of reflection that could lead to more legal changes.
He noted that pornography and obscenity regulations already make a specific exception for art and literature, adding that an article should not be considered pornographic or obscene if it promoted science, literature or art.
Student newspaper Realtà was banned in 2009 because it contained a very explicit piece of prose. The police filed charges against its editor, Mark Camilleri, and the author of the piece, Alex Vella Gera.
Though they were acquitted by the Criminal Court the Attorney General appealed and a decision is expected next month.
The Labour Party has called for an update of the obscenity laws under which Mr Camilleri and Mr Vella Gera had been charged. The law defines obscenity and pornography. Such definitions were last updated in 1975. Two years ago, then Justice Minister Carmelo Mifsud Bonnici said he would convene a parliamentary committee to discuss and update the law but the committee has not met so far.
Dr de Marco insists that the problem does not only lie in the task of drafting definitions but also in the better appreciation of what is literature and art and whether literature and art should know boundaries.
The Magistrates’ Court’s judgement in the Realtà case could serve to indicate that the issue in this particular case may lie not so much with the law but, rather, with the application of the law.
“I believe we have a lot to learn from the Realtà case and how it was handled,” he said. “There will always be instances of works that challenge the boundaries of art and literature, if boundaries there are.
“While the need to protect vulnerable groups is obviously important, it must be equally understood that it is healthy and necessary in any maturing society to have such challenges by artists and writers who seek to provoke thought and a different approach to the way society looks upon issues.”
He added that changes in people’s perception and evaluation of art were directly linked to society’s own development.
“These are the conditions that need to be assessed or debated in the context of the current obscenity laws, possibly leading to their reassessment and reinterpretation in the spirit of a more mature society,” he said.
The Front Against Censorship welcomed the theatre censorship reform but suggested a change in the proposed law so that films too cannot be censored.
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Mr Stephen Camilleri
Jan 30th, 09:34
Haven’t the authorities wasted enough time and resources on such futile matters? The editor of “Ir-Realta” was acquitted of all charges because there were no grounds justified for him to be arrested. If Dr de Marco updated obscenity laws why has the Attorney General appealed?
Edward Farrugia
Jan 29th, 01:32
i, like most people look at Dr. M. Demarco as a potential political figure equal to his father. However, I do not agree in trying to built a castle and in the process dismantle another one. Our PM is a fully fleged, proved and asuccesful leader and it is simply, in my view, an injustice and a manifestation of gross disloyalty on the part of those nationalists wriiting here insinuating that Dr. Demarco is summarily available to walk into Dr.Gonzi's shoes. OK, one may reasonablly measure Dr. M. Demarco as a forward going successful politician but to have nationalists endeavouring to put a wedge between him and Dr. Gonzi hurting the latter in the process is to me, an act of betrayal towards the man at the helm. The gap between the PM and Dr. Demarco is a question of experience and this can only narrow by time. So please be human and adjust your equilibrium for fairness sake.
It is to be expected that the opposition grasp at anything in an opportunist manner to topple the Government but for insiders to indulge into dangerous tactics to unknowingly upset the apple cart is to say the least sheer stupidity.
David Vella
Jan 29th, 00:44
U Hallina de Marco!!! Fjask iehor wara d divorzju ghall min BISS iqis il valuri tal umanita nisranija. Ma tirrealizzawx il hsarat li ha ggibu b idejkom in the long run!! Mela sew issa, nippromwovu kollox mbad allahares jekk nisimghu b'xi skandlu l quddiem!!
Billi l bniedem jkollu l poter ma fiha xejn - xi hadd jrid imexxi, mma l ghar meta l poter jiehu poter fuqu ax jkun skjav tieghu.
Mr saviour magro
Jan 28th, 20:08
From the comments below I think that Dr.Gonzi is already vanished from the PN scene,I hope that he does not go away like Dr.Borg Olivier's mode.forza mario.
Dignity.
Emanuel. Vella.
Jan 28th, 19:29
dr.joseph muscat,nixtieqek meta tkun fil-gvern,u tkompli tkabbar il-muviment li bdejt,thalli lil poplu jaghzel kemm idum partit fil-gvern.ta 80s il-perit minntoff,il-problema kien irranga,issa jien nixtieqek,tirranga il-problema li qed iffaccja illum il-poplu malti u ghawdxi kollu,ghax il-partit tal-pn,flok tallem mil-passat qed joqod ghid x kien jaghmel il-pl.jien ha nafda fik,ghax kif ghaqqadt il-pl nahseb taqqadt ukoll,lil dawk in-nies ta rieda tajba,biex dan il-pajjiz nergaw inqajmuh fuq saqajh,ghax illum nista nghidt,li il-pn ikisser,u il-partit laburista jibni,il-bambin ikompli izomm idejh fuqek,ghax il-pajjiz rega ghandu bzonn mintoff iehor,pero int thobb tisma,tahseb,u imbadt tiddeciedi.nispera li taqrah dan il-comment,jew xi hadt iwassallek dan il-comment,thank you dr.joseph muscat u proset talli ghidtli l-istorja ta tfulitek hadt pjacir nisimek,u nispera li titghallem mil-hazin taz-zewg partiti,li jamghlu fil-passat.grazzi ghall issa,ta xoghol li ghamilt u proset hafna.
Emanuel. Vella.
Jan 28th, 18:49
@ david vella,to-day,16:34.ha taghmel bhal clikka gonzipn,iddahhal rasek fir-ramel int ukoll jewwilla,dr.demarco mario,fuq bondi plus qal lil dr.franco debono,biex irrizenja mela ma tismax int ukoll,bhal clikka gonzipn.ammettu u biss,jista jamilkom nies ta rieda tajba full stop.
N. Agius
Jan 28th, 16:43
By far Dr De Marco has more charisma than a group of PN mp's put together. I am sure he would turn out to be an excellent leader.
Joe Fenech
Jan 28th, 19:26
I think, I must agree on this one.
Alex Ellul
Jan 28th, 15:59
To all those who have been promoting and demonstrating in the streets for freedom and removal of censorship, please read about ACTA:
Poland's prime minister has vowed that Warsaw will not fully ratify a controversial international online anti-piracy accord if in-depth legal studies prove it threatens Internet freedoms.
The move comes after a mounting week-long wave of off-and-online protests by mostly young Poles who fear the Anti-Counterfeiting Trade Agreement (ACTA) -- aimed at creating international standards for intellectual property protection -- could significantly curtail online freedom.
At a local level, our five MEP's have already voted onb this ACTA law at the EU parliament. The two PN MEP's have voted against this tyrannical law, while the three PL MEP's have voted in favour of this law aimed at censoring the internet. SHAME ON THE PL MEP's
Charles Vella
Jan 28th, 16:20
Yes... I was actually shocked when I saw it on wikipedea. Labour has never apologised for it's past, and today they have simply changed their fur, however the addict is still here and rampant!
I shudder when I think of Labour ever being in government. Timesofmalta.com was burnt by labour in 1979 to shut it up, and i'm sure that once JM is elected these blogs will be cencored or simply unavailable.
Labour hasn't changed... but at the end of the day, if that happens I would love seeing those who vote labour eating their own s*** ... tipo, jkunu gabuwa b'idejom... il haga ta l'iskantament hu pero li jekk jigri hekk, they will justify it! ...xejn sew . com = Labour... never should be trusted again!
SHAME ON THE LABOUR MEP'S !! SHAME SHAME SHAME... ISTHU JEKK TAFU!
Emanuel. Vella.
Jan 28th, 15:45
dr.franco debono biss,u hadt iktar,jista jibni mil gdid il pn full stop.
david vella
Jan 28th, 21:29
Sur vella emanuel issa taghmel seww li taghdi l partit nazzjonalista b'cajt ghax anke jien irabjat u b'sahha ta minn hu bhali li jaf jivvota ha jirbah labour party . Izda nfakkrek li bhal Franco Debono ghandu Hafna Labour Party u nispera li l'partit laburista izomm kelmtu kief qal li jrahas l kontijiet ta dawl ghax Labour Party qamilu gieh Sur Joseph Muscat u jider ta l'affari tieghu ghax il-bqija kawlata bhal Franco Debono ghandu erbgha bhalu. Tahseb li jien mhux bhalek irabjat ghal mod li ghed jahdem l gvern prezenti fuq tal power station u fuq l'arriva u l'500 mitt ewro li hadu , izda issa jiehdu li haqqhom ghax ma kienx serju il gvern. Issa l'jkun rebah l'elezzjoni labour party nara kief se jsolvi l'problemi taf li hawn l'poplu taghlem jivvota u l'PN PARTY SIEHBI GRALU BHAL MA GRALU LABOUR F'SENA 1987 U 1998 JIEN XEJN MA NIEHU B'KBIER U GHAL AHARES MA JKUN HEKK. Tinsiex bhali jitla u jinzel l'gvern u itaghlem ukoll ghax hawn fuq Dr Demarco suppost ghed nitkellmu u mhux fuq Sur Franco Debono . Sur Franco Debono naf li hu tajjeb daqs kullhadd u ma ntiehx tort sa l'ahhar. Izda issa nahseb li wasal zmien tal bidla ghal pajjiz u ghal kulhadd.
Paul Micallef
Jan 28th, 14:59
Yes its true, he is a real gentilemen, pity he is with the PN.
Alex Ellul
Jan 28th, 15:45
Paul Micallef, I think what you meant is:
Pity the PL do not have men and women of his calibre.
The problem with the PL is that persons of Dr. De Marco's quality always gravitate towards the PN, while the PL's gravitational pull effects persons of different philosophical attributes, about which I shall not expand here, but leave it to your imagination. However, a hint is worthwhile: Anglu Farrugia.......
david vella
Jan 28th, 16:34
Naqbel maghkhom Dr Demarco u ohrajn bhalu jistu jibnu l PN mill gdied . Prosit ghax Dr Mario Demarco tajjeb daqs missieru u int l quddiem tista tista terga taghad PN bhal ma kien Dr Eddie Fenech Adami mexxej ta ghaqda u qaghal.
Alex Ellul
Jan 28th, 14:54
Also google ACTA.... the Poles are already protesting against the law. They know, they had suffered tyranny and political censorship for decades under the communists. Now that they have their freedom they found out that this is being regressed by ACTA.
I appeal to this government not to sign the treaty. It is anti-censorship.
Alex Ellul
Jan 28th, 14:51
While we Maltese are adapting censorship laws to come in line with modern society's requirements. there is an international law coming up, soon to be signed by most governments in a very undemocratic and subtle way, that censors most of the internet sharing od data, news, information etc. This is the ACTA law Anti-Counterfeiting Trade Agreement. This shall practically destroy the freedom of the internet that we enjoy today. Have a look here:
ACTA is one more offensive against the sharing of culture on the Internet. ACTA (Anti-Counterfeiting Trade Agreement) is an agreement secretly negotiated by a small “club” of like-minded countries (39 countries, including the 27 of the European Union, the United States, Japan, etc). Negotiated instead of being democratically debated, ACTA bypasses parliaments and international organizations to dictate a repressive logic dictated by the entertainment industries.
ACTA would impose new criminal sanctions forcing Internet actors to monitor and censor online communications. It is thus a major threat to freedom of expression online and creates legal uncertainty for Internet companies. In the name of trademarks and patents, it would also hamper access to generic medicines in poor countries.
the mother of SOPA is already here..and its worse..and its been signed by most western countries already..undercover of darkness..the net will be finished as an open source..the myriad of ways you can be caught up in copyright violations is staggering..reminds me of an Ayn Rand quote..her quote about men becoming criminals..they will make so many rules it will be impossible to be legal and live legal..
http://seeker401.wordpress.com/2012/01/28/acta-explained/
ACTA will not let websites include internet links such as the one I provided for fear that the editor will end up in court.
david vella
Jan 28th, 21:59
Mr Alex Ellul is true that yuo are saying . ILLUMINATI Law.
M Borg
Jan 28th, 14:11
" He added that changes in people's perception and evaluation of art were directly linked to society's own development . "
So does that mean that any nation who has an attitude of " anything goes " has a " more mature society" ? Is it because these nations have become " so mature " that many are living their lives in hell , where no one knows what is going on any more ?
Well we always learn somthing new, this is one such thing !
Charles Vella
Jan 28th, 13:13
...if only your father is still alive today, the mess the PN is in today will not even be heard of! Hope he rests in peace while also hoping for more politicians like him. Good job Mr. De Marco, i'm sure that when you reach your fathers time in politics you will make us shine like he did.
david vella
Jan 28th, 12:56
Dr Mario Demarco prosit taghmel gieh kbier lill pajjizna u jekk isier elezzjoni u jitlef l partit nazzjonalista nawguralek li tikunssidra biex tohrog ghall leader tal partit nazzjonalista ghax hemm bzonn li titranga sitwazzjoni li hemm fil partit . Ghax nemmen li int u ohrajn bhalek inkluz membri parlamentari ohra mieghak taghmlu differenza. Bravu bhal ma kien Missierek.
Karl Consiglio
Jan 28th, 12:36
@Dr. De Marco
Li Tkisser Sewwi, beyond the swearing, had a concept. The author was not trying to make his character look good.
JOSEPH ZAMMIT
Jan 28th, 11:52
Dr Mario de Marco you are a real statesman like your father was. I am sure he is proud of you.
Malta needs people like Dr Mario de Marco.
m borg
Jan 28th, 14:38
why?
Charles J. Buttigieg
Jan 28th, 14:59
He might become our stop gap PM soon.
JOSEPH ZAMMIT
Jan 28th, 20:23
@ M Borg-----Why "why?"
Ramon Casha
Jan 28th, 10:09
There is more than one law behind this miscarriage of justice. It's not a matter of which chapters they're in. They all need to be updated.