3
Council of Europe definition of freedom of expression Handyman v UK case in the European Court of Human Rights (1976) Freedom of expression is applicable not only to ‘information and ideas’ that are favourably received or regarded as inoffensive but also to those that offend, shock or disturb the state or any sector of the population. Such are the demands of pluralism, tolerance and broad mindedness without which there is no ‘democratic society’.
Voltaire Think for yourselves & let others enjoy the privilege to do so, too.
5
Press Act Whoever shall injure public morals or decency shall be liable on conviction to imprisonment for a term not exceeding three months or to a fine or both.
Criminal Code Whosoever vilifies the Roman Catholic Apostolic Religion which is the religion of Malta [...] shall be liable to imprisonment for a term from one to six months.
7
Gozo Bishop Mario Grech Censorship is a European principle. According to the European Commission, in the name of this principle, authority intervenes to remove whatever products are deemed to be harmful to life or the environment. So, I ask, in the local educational context, why can’t we apply this precautionary principle used for normal products to the media as well? If we’re so concerned about ecology, why aren’t we equally concerned about the media environment and the human ecology?
9
Archbishop Paul Cremona The Crucifix ban is censorship. We have come to a situation where you can express yourself on everything, except religion‌. should such a ban ever be imposed to Malta and I need to go to hospital, I would be the first to take a crucifix with me.
11
Chief Justice Emeritus Professor Giuseppe Mifsud Bonnici All laws in all nations have a minimum of a moral content. The morality of those laws depends on what kind of morality to which that nation subscribes. If there is no ‘official’ morality, the matter will be left to the whims, ideas and the subjective morality of the individual judge. Hardly a satisfactory solution. Blasphemy depends on the feelings of the citizens who deem themselves to be offended by it. It can, and perhaps should be ignored. But this is a question of “popular” reactions. Once again, censorship is a question of whether the State wants to avoid popular resentment against the insolence of those who wish to provoke the religious sentiments of other citizens, who in turn wish to live undisturbed lives.
13
Owen Bonnici, Labour MP, shadow minister for youth and culture God help that society which, in the name of the law, comes down like a tonne of bricks on any true artist who tries to send a message, however shocking it may be…. We believe that the regime of artistic censorship – when one a priori prohibits an artist from expressing his message – should be abrogated and replaced with a system of age-classification…. On my part, my wish is simple and concrete: that censorship is abrogated once and for all by the unanimous consent of the House of Representatives.
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Facebook group called Friends of Jesus: Nadur 2010 We will march in literally hundreds, dressed up as Jesus, overwhelming any fear of retribution by numbers. We are not here to offend, or belittle anyone’s beliefs, but simply to underline a point where, as long as we uphold good taste, we can discuss the Roman Catholic religion in a visual language without fear of retribution by the State. The State should protect and uphold secular values, not lead an inquisition over something intrinsically trivial.
19
Adrian Mizzi, artistic director and co-producer of TV programme Venere Art is meant to be criticised and we accept all criticism - positive and negative. What we find difficult to accept is narrow-mindedness and useless complaints from people who did not even see the programme or the photos. Pierre Cassar, CEO Malta Broadcasting Authority There were some scenes that could have been in bad taste, particularly when one of the models was in a provocative position next to the chapel’s door, especially when the dress looked even shorter when she posed for the photo. Clare Thake Vassallo , chairman PBS Do we want women to be dressed in Burkas now just so men do not get bad thoughts? There’s nothing wrong or devilish about women wearing black.
21
Mayor John Schembri of Luqa The Pope’s first visit among us risks being a source of embarrassment to the people of Luqa and the Maltese in general, due to the obscene ‘monument’ which is still dominating the ‘LIDL’ roundabout on one’s entry into the village… The Luqa Local Council is once again launching a firm and heartfelt appeal to the Government to make a timely and mature intervention ordering the removal of this so-called work of art which has been lumped upon the village of Luqa.
23
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Claudine Cassar, newspaper columnist This is a health warning: sex could lead to concussion! ... perhaps the health authorities are worried girls could get concussed if their partner gets a little too vigorous and hits their head against the headboard? ..... is it possible that we are afriad of using a picture of a condom - or at least the very word itself?
27
Vince Marshall Why put the name of the Virgin Mary on a public toilet? It is ridiculous and it hurts. Only a narrow-minded person would do something like that when there are so many other words one can use. And why the Vatican? Is it just to put salt on the wound at a time when the Vatican is under attack? Probably the people who supported this installation were clapping for the Pope and kissing his ring. We have to decide: are we Catholics or not? If nothing happens I will then take further action, I might even choose to sit outside the toilet day and night in peaceful protest.
29
Alex Baldacchino, owner of the City Lights cinema, undergoing court proceedings for screening pornographic films. I never advertised the cinema, and there was never any outside signage indicating that there was a porn cinema inside.
31
Alex Baldacchino, owner of the City Lights cinema It’s not like I have a theatre which forces people to go in.
33
Alex Baldacchino, owner of the City Lights cinema Adult content has become common in this day and age. You will find DVDs for sale at the flea market, or for free on internet. So I took it for granted that, once we’re living in 2009, there’s nothing wrong with pornography.
35
Marcel Ellis, speaking after police ordered him to dress up a number of undressed mannequins in his Mosta shop window with an accompanying leaflet to raise awareness about sex trafficking. It is absurd that a couple of plastic dolls should cause such mayhem. Should we pull down all the manifestations of nude portraits and sculptures spread around the world, including places of worship? Should we ban our children from changing their doll’s clothes? People should be more concerned about the real plight of the illicit sex industry than about a couple of harmless mannequins.
37
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The author Naked mannequins, two in a somewhat inadvertantly compromising position, in an upper storey shop window next to a statue of St Joseph and baby Jesus have, to date, escaped notice by the “influential person� who voraciously objected to the sex trafficking awareness installation in the Mosta shop. Photos of it were however deemed to be too risque for publication.
41
The author For years until Malta joined the EU, we had to be wary of what videos or DVDs we imported. Postal authorities would open all packages for inspection. I had to hide my discs of “The Last Temptation of Christ” and “Life of Brian” among clothes in my suitcase - Dirty films wrapped in dirty clothes.
43
Adrian Buckle of Unifaun Theatre Productions A hotel which shall remain un-named refused to carry posters or flyers of my production “The Sex Comedies”, just because of the word ‘Sex’, claiming it would offend hotel guests.
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Adrian Buckle Producer of the Unifaun Theatre production of Anthony Neilson’s “Stitching”, banned by the Board of Film and Stage Classification. Censorship is undemocratic, obscene and illegal. It has no place anywhere in the world. It says a lot that the only other countries in the world to still have censorship are totalitarian countries. ‘Stitching’ is the least controversial play to be staged by my theatre company in recent years. My team and I simply can’t understand what upset the board so much about this particular play, but whatever it is it, the ban is unjust. We believe that Censorship Laws in Malta concerning the Arts are out-dated and should be removed completely. Observers from the EU have already commented on these laws and described them as an obscenity against democracy, especially where theatre censorship is involved. We ask the competent authorities to remove these outdated laws at once. After all, these laws make us more similar to totalitarian states run by extremists than to European Democratic states.
47
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Terese Friggieri, chairperson of the Board of Film and Stage Classification The play “Stitching� is an insult to human dignity from beginning to end.
51
Mark Camilleri, editor of Ir-Realta newspaper The best way to defeat the Censorship Regime is to disobey it and render it null by the sheer amount of numbers. If for example a hundred people would have published “Li Tkisser Sewwi� and disseminated for free at the University of Malta, the police would not have succeeded in arraigning all those people in court.
53
Professor Juanito Camilleri, Rector of the University of Malta, on why he had Ir-Realta banned from the University campus and reported its editor to the police. Though opinions in the media refer to it as a “story” or “fictitious text”, the article can reasonably be interpreted, by readers who, like me, do not know the author, as describing the sexual experience and fantasies of the author himself. The author writes in the first person singular, makes no attempt at creating a fictitious character distinct from himself and makes no disclaimer that the article is in fact fictitious. The fact that the medium of publication is a newspaper - not of a book of fiction - in which articles are often opinion pieces and not fictitious stories, reinforces such interpretation. In this context, what finally convinced me that I was in duty bound to take action is the fact that parts of the article can be interpreted as fantasising and inciting sexual acts with minors. I could not risk having the University implicated, or risk being personally implicated, in any act which may be deemed unlawful.
55
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Franco Rizzo, university student In this adult environment, the decision what to read and what not to must be left up to the individual. Censorship is confusing the formation of proper ideas and opinions, even if these could be controversial. Censorship doesn’t lead to the criticism and/or appreciation of a literary, theatrical or art work, which helps people understand the message the artist is bringing across.
59
Excerpt from “Crash” by J.G. Ballard , read out by student Joseph Zammit during protest during readings of ‘controversial’ literature ‘She lifted her left foot so that the leg brace rested against my knee In the inner surface of her thigh The straps formed a marked depression Troughs of reddened skin Hollowed out in the forms of buckles and clasps As I unshackled the left leg brace And ran my fingers along the deep buckle groove The corrugated skin felt hot and tender More exciting than the membrane of a vagina.’
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Mark Camilleri, undergoing criminal charges for publishing the fictitious story “Li Tkisser Sewwi” in Ir-Realta, a student newspaper. It is a crude and ugly reality, which people might find in bad taste but it doesn’t mean it shouldn’t be shown to the public... We miscalculated the results and we ended up in a movement fighting censorship in 2009.
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65
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Grupp 29, made of 90 authors, artists and people working in culture, in a letter to Minister for Justice and Home Affairs Carmelo Mifsud Bonnici It is our contention, both as authors and as Maltese and European citizens, that this constitutes a direct assault on the part of the institutions of the State on our artistic freedom and our freedom of expression. Such actions place our country in the same league as antidemocratic and intollerant regimes, which over the years have garnered a reputation for repressing freedom of thought and expression, whether they use violent means to do so or rely on legal arguments to justify their actions. There is no doubt that such actions constitute a violation of both the letter and the spirit of the fundamental obligations that our country, in defining itself as a modern, European nation, has undertaken to honour. We insist that, as the minister who is politically in charge of the police force and the laws that regulate their actions, it is within your remit, as well as your duty, to halt these criminal proceedings and to guarantee that they never be used against authors and artists again,thereby putting a stop to the criminalisation of art and literature. It is also necessary to update the laws that define obscenity and how it is regulated. No argument that rests on an appeal to the law can diminish your responsibility in all of this. With every day that passes without a decisive intervention on your part, your responsibility and that of the whole administration increases, as does the threat to our civil liberties.
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George Peresso, poet I wanted to speak out because I’m afraid that my beloved country will switch off to save a few euros and I will end up paying with my mind and ideas. I’m here with you as I’m afraid of the dark.
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THIS ISN’T OVER YET ... In 2009, in what was meant to be the EU’s Year of Creativity and Innovation, cases of censorship in Malta were plentiful. Once the Film and Stage Classification Board opted to ban the Unifaun Theatre production of Anthony Nielsen’s Stitching, calling it “an insult to human dignity”, the floodgates of censorship seemed to open. The only porn cinema in Malta, which had been operating for over 30 years in the centre of the capital Valletta, just round the corner from the city police station and national Law Courts, was raided by police, films confiscated and the owner arraigned in court on charges of screening pornographic films; police ordered a shop owner to dress up nude mannequins in his shop window, part of an art installation creating awareness on sex trafficking, after “someone influential” complained; a student newspaper was banned from the university campus, and its editor and the author of a fictitious article prosecuted in court by the police (both face prison sentences if convicted), prompting the editor to set up the Front Against Censorship ; Following pressure from the extremely powerful Catholic Church Curia, gearing itself up for a papal visit, police presence during a spontaneous, radical carnival on Malta’s sister island Gozo earlier this year was drastically stepped up, to ensure that no revellers dressed up as priests, nuns or Jesus Christ, as happened in 2009, resulting in several revellers being arrested and arraigned in court - A planned ‘march of the thousand Jesuses,’ organised by a Facebook group in protest, where everyone would dress up as Jesus, never got off the ground ; at the same carnival, the police announced they would vet the lyrics of songs being performed by live bands, and only backed down when faced with public outcry and ridicule over their move. The same Curia then found itself on the receiving end, fearing crucifixes in public places may be banned following a controversial European Court of Human Rights judgment, prompting the Archbishop of Malta to decry censorship in this case. The country became divided between those who wanted freedom at all costs, and those who feared the cost of freedom. On both sides of the fence, people became emboldened and more outspoken, filling newspaper columns and online blogs, flooding TV chatshows. The whole saga is by no means over. New incidents crop up constantly, even if only brought up by petition-waving private individuals and not the authorities. The project was shot between December 2009 and May 2010. One of the difficulties I had to overcome was how to depict incidents of censorship that were already past events. I opted to shoot this project on pinhole cameras, using a combination of digital pinhole and zone plate cameras, as well as pinhole blender cameras, because of a subtle link I could see between the pinhole and the peephole. The discreet pinhole cameras helped the illicit element of the picture making in many cases. The inherent blurring in pinhole images became a form of censorship in themselves. With pinholes being a derivative of the camera obscura, literally meaning ‘dark room’, and the fact that illicit activities that may be censored often take place in dark spaces, I found another reason to shoot the whole Rethink project using pinholes. Some of the images involved changing the composition midway through the exposure, enabling me to show different viewpoints in the same picture. In addition, I wanted to rethink my photographic technique, and do it in a manner as far removed as possible from the news and sports photography I do on a day-to-day professional basis - Hence the creative documentary style of the project. Darrin Zammit Lupi May 2010 79
IMAGE CAPTIONS Pg 2-3
The national protest against censorship, organised by the Front Against Censorship, in Valletta.
Pg 7
Under the auspices of the Maltese and Gozitan bishops, priests take part in a Mass to renew their vows at St John’s CoCathedral in Valletta on Maundy Thursday, April 1, 2010.
Pg 9
Youths prepare for the upcoming visit to Malta by Pope Benedict XVI with a celebration at the Oratory in Mosta, after walking there in procession from the parish church, carrying a large crucifix. A decision by the European Court of Human Rights that crucifixes in Italian government school classrooms violated religious freedom sparked outrage in Italy and Malta alike. If the judgment is confirmed, this could prompt the removal of crucifixes in all countries that comply with the ECHR, prompting Malta’s Archbishop Paul Cremona to say he would be the first to challenge it.
Pg 11 Pg 14-15 Pg 17 Pg 19
Pg 22-23
Pg 25
Chief Justice Emeritus Giuseppe Mifsud Bonnici takes part in a debate on censorship at the Kantina Cafe in Valletta. Labour and Opposition MP Owen Bonnici stands in the corridor leading to the House of Representatives at the Grandmaster’s Palace in Valletta. Police officers keep watch during the street carnival in Nadur, Gozo. A planned protest march by hundreds of people dressed as Jesus, following the arrest of a man dressed up as Jesus the previous year, never took place. The Santa Marija Addolorata cemetery – Behind-the-scenes TV footage of a photo shoot in the cemetery was the cause of an uproar because of what the Broadcasting Authority deemed to be ‘bad taste’, referring to the Angels and Demons theme as well as the sensual poses and behaviour of the female models, then concluding that what was offensive about the programme was the fact that it was filmed in a cemetery and the models were seen around graves and a private chapel. They were let off with a warning since it was their first offence. The Colonna Mediterranea monument, by Maltese artist Paul Vella Critien, is seen outside Malta International Airport in Luqa, outside Valletta. Luqa Local Council and local church authorities demanded the government remove the monument before Pope Benedict XVI passed through the village during his visit to the island, calling the sculpture “vulgar and obscene”. The request was turned down, and the Pope went past it without batting an eyelid. The artist maintains it is an abstract work based on fantasy and the beauty of the Mediterranean colours. A Health Department poster promoting safe sex, seen in Ta’ Xbiex.
Pg 27
The public convenience in Strait Street, Valletta, once the centre of Malta’s red light district. Vince Marshall, the man who fervently campaigned to ban the Da Vinci Code film, is calling for the removal of the words “Virgin Mary” and “Vatican” from the art installation forming part of the refurbished public toilets. Artist Norbert Attard was shocked by this reaction to what he felt was an innocuous piece of conceptual art inspired by the rich and vibrant history of the Valletta street, known for prostitution and entertainment. His work was inspired by Thomas Pynchon’s novel V, which mentions Valletta in its final chapters. He said he wanted to explore what the letter V could stand for by listing various words beginning with the letter and having some sort of relation to the street. He selected words from the dictionary which he felt held some significance to the place, adding “The street is known for combining the sacred with the profane. In fact there are various images and statues of the Virgin Mary in the street. Should we remove them too?”
Pg 29, 31, 33
The police closed down the City Lights cinema in Valletta, for year’s Malta’s only porn cinema, and confiscated its vast collection of adult films. Within weeks, with a court case against the owner still pending, the seedy cinema was up and running again, using a video projector and DVDs instead of projecting celluloid films.
Pg 36-37
Nude mannequins at the DNA Emporium shop in Mosta, part of an installation to raise awareness on sex trafficking, raised the ire of “someone influential” who got the police to order the shop owners to cover up the mannequins. The male mannequin had a metal chain attached to his hand, with the other end tied to a woman’s waist in what was meant to be a symbolic message against sex slavery. The shop owner decided to ignore the police orders, and no further action was taken against him.
Pg 39
In Msida, nude male mannequins, inadvertently placed in a compromising position, in addition to being alongside a religious statue, have gone un-noticed and uncommented on for weeks.
Pg 41
Films which were banned by the censors or postal authorities used to have to be hidden among dirty clothes in suitcases when brought into the island. Banned mainstream films in the past have included “The Last Temptation of Christ”, “Life of Brian”, “Raid on Entebbe” and “Basic Instinct”.
Pg 43
“The Sex Comedies” by Iain Heggie, produced by Unifaun Theatre Productions at St James Cavalier in Valletta.
Pg 46-47
Unifaun Theatre Productions owner Adrian Buckle outside St James Cavalier in Valletta.
Pg 49
Terese Friggieri, chairperson of the Board of Film and Stage Classification, seen during the launch of the government’s Cultural Policy in the art gallery at St James Cavalier in Valletta. 81
Pg 51
“Li Tkisser Sewwi” (Fix what you break), the fictitious story by Alex Vella Gera which led to the student newspaper Ir-Realta being banned, and the author and the newspaper editor facing police charges which could lead to imprisonment.
Pg 54-55
University of Malta Rector Professor Juanito Camilleri attends a graduation ceremony at the University in Tal-Qroqq.
Pg 57
Students in grotesque masks symbolically burn copies of Ir-Realta newspaper during a protest against censorship on the university campus.
Pg 59
A student reads from a controversial ‘obscene’ text during a protest against censorship on the university campus. Excerpts were read from Lady Chatterley’s Lover (D. H. Lawrence), Crash (J. G. Ballard) and Il-Manifest tal-Killer (Karl Schembri). The latter was banned from being aired on Campus FM, the University’s radio station.
Pg 62-63
Mark Camilleri, editor of Ir-Realta, the student newspaper banned by the University Rector, outside the Law Courts in Valletta. Camilleri faces up to three months imprisonment if found guilty of publishing and distributing obscene material.
Pg 65
Xarabank, the TV talk show on national TV station PBS, discusses Censorship.
Pg 67, 69, 7071
A crowd of about 300 people, including politicians and personalities from various cultural fields, take part in a protest against censorship in a Maltese society that “does not tolerate what is out of the norm” in Valletta. Organised by 11 student organisations who came together to form the Front Against Censorship, the protest attracted a strong presence of actors, students, writers and theatre personalities. In the sight of the protest were five laws on censorship, which, the promoters insisted, “are antiquated and outdated” and carry harsh prison sentences. They called on the authorities to repeal the law banning anyone from making any form of artistic criticism of the country’s official religion and to eliminate the Stage and Film Classification Board’s power to censor or ban plays and films. They also called for the removal of a clause in the Press Act stipulating that print material cannot carry any criticism of public morals and to abolish the Broadcasting Authority’s power to ban adult programmes after 9 p.m.
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Quotes in book based on conversations with the author or lifted from the following sources BBC Radio 5 14 January 2010 Up All Night, anchored by Rhod Sharp Crash (1973) by J.G. Ballard Facebook group Friends of Jesus (Hbieb ta’ Gesu) : Nadur 2010 www.facebook.com/#!/group.php?gid=54245709617&ref=ts Grupp 29 18 March 2010 letter to Minister for Justice and Home Affairs, Carmelo Mifsud Bonnici M magazine December 2009/issue 24 Look away now by Christian Peregin Maltastar 14 January 2010 Censorship in Malta: BBC interview student editor on prospect of ending up in jail Malta Today 27 January 2008 Voices against censorship by Charlot Zahra Malta Today 4 February 2009 ‘Blasphemous’ play hardly contains any blasphemy at all
by Raphael Vassallo
Malta Today 8 April 2009 Value Added, or subtracted? Malta Today 9 August 2009 City Lights cinema operator baffled at police turn-off by David Darmanin Malta Today 4 November 2009 From the Inquisitor’s flames to university skips by James Debono Malta Today 10 January 2010 Counting the days to the abolition of censorship by Owen Bonnici Malta Today 31 January 2010 This is a health warning:sex could lead to concussion! by Claudine Cassar Petition to Maltese authorities www.petitiononline.com/CENMAL01/petition.html
www.realtamadwarek.org A Brief Marxist Analysis of Censorship in Malta by Mark Camilleri The Times 22 October 2009 Authority takes action over cemetery photo shoot by Christian Peregin The Times 23 October 2009 Broadcasting Authority irked by ‘sensual poses, devilish theme’ by Christian Peregin The Times 5 November 2009 A new form of censorship - Archbishop by Christian Peregin The Times 4 December 2009 The issue of reality by Juanito Camilleri The Times 5 December 2009 Students protest against censorship by Veronica Stivala The Times 15 January 2010 Reality did not go down well, censored editor tells the BBC by Christian Peregin The Times 23 January 2010 Censorship is a European principle by David Schembri The Times 25 February 2010 Valletta anti-censorship march targets five laws by Juan Ameen The Times 3 April 2010 ‘Don’t let Pope Benedict see monument’ - Luqa council by Christian Peregin The Times 27 April 2010 ‘Virgin Mary has no place in Strait Street public toilet’ by Christian Peregin www.timesofmalta.com 16 february 2009 ‘Stitching’ is ‘an insult from beginning to end’ - board chairman www.timesofmalta.com/articles/ view/20090216/local/stitching-is-an-insult-from-beginning-to-end-board-chairman The Sunday Times 18 October 2009 Police get shirty over ‘nude’ mannequins by Herman Grech Xarabank - Censorship Where’s Everybody , transmitted on PBS 22 January 2010
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Copyright Darrin Zammit Lupi 2010, All rights reserved
Created as part of the Rethink Project, MA in Photojournalism and Documentary Photography at the London College of Communication, University of the Arts, London
Acknowledgements I’d like to thank Lara Pace for all her help in producing this project, teaching me Adobe Indesign and letting me use her hardware and software for many long hours. Also special thanks to Heidi, Yolanda, Amelia, Peter, Paul and John. as well as Christian Peregin at Allied Newspapers.