Thespians and theatre directors have reacted with deep disappointment to a Constitutional Court judgment confirming a censorship board decision to ban a play for blasphemy.

Artistic matters should be fought with good art, not in the courtroom

Actor Alan Montanaro said he was “absolutely disgusted” by the court’s decision to endorse a ban of the play Stitching and said the ruling was both “horrendous and embarrassing”.

TV producer and actor PJ Xerxen thought it “bizarre” that the court had felt moved to confirm the Stitching ban. “We’ve had several performances plays such as Equus or Sulari fuq Strada Stretta, which contained on-stage nudity,” he said by way of arguing that immorality was subjective.

Controversy surrounding Stitching was key in prompting the Government to reform censorship laws, abolishing the Film and Stage Classification Board in favour of a self-regulatory system. The new system came into force this week, the day after the Stitching ruling.

But while the board was deemed past its sell-by-date and disbanded, the Constitutional Court found last Thursday that it had correctly interpreted existing immorality laws in deciding to ban the play.

As a result, while Stitching can no longer be banned outright, its producers could be arrested for blasphemy if they went ahead and staged the play.

Contacted yesterday, Culture Minister Mario de Marco said he was keen to read the judgment in its entirety before commenting, while Labour culture spokesman Owen Bonnici said the court ruling was further evidence that existing immorality laws needed to be revised.

“I’m not saying we should do away with them altogether, but something needs to change. If Stitching were to be staged today, police would have a Constitutional Court judgment essentially saying it should have been banned. And that’s not something I’m comfortable with,” Dr Bonnici said.

Although few European countries have laws expressly prohibiting blasphemy, laws concerning immorality and offences to religion are more widespread.

Courts in some jurisdictions, such as Denmark, have not made use of these laws for entire decades. In other countries, the laws have most regularly been cited in cases concerning incitement of religious hatred.

Holland is currently in the process of repealing its blasphemy laws, while a controversial law outlawing blasphemy in Ireland led to widespread protest and art exhibitions purposely designed to flout the law. The Irish Government has said it will now hold a referendum to remove references to blasphemy from the country’s Constitution.

Mr Montanaro criticised local immorality legislation. “They’re probably the most hypocritical laws on the island. A play is held in a closed setting, with ample notices, warnings and information. To have someone impose their moral code on other adults is both disgusting and embarrassing. British friends of mine find it hilarious.”

The play’s producer, Adrian Buckle, has said he will be taking his case to the European Court of Human Rights – leading to further delays for a play originally intended to appear in 2009.

But according to playwright Erin Stuart Palmier, Mr Buckle was kicking up a pre-emptive fuss.

“Perhaps the reforms introduced really are incomplete. But the only way to find out is to stage the play and see what happens. That will be the litmus test,” he argued.

“Artistic matters should be fought with good art, not in the courtroom. If Stitching were to be performed, we’d have something to talk about. But right now we have nothing, just a script.”

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