Anti-censorship front regrets court ruling that will open ‘wave of censorship’

The play, produced by Unifaun productions, was banned by the classification board, which is chaired by Therese Friggieri, for its use of blasphemy and its portrayal of the Holocaust.

In his 82-page judgment, Mr Justice Joseph Zammit McKeon said “without hesitation” that the board had acted correctly and pointed out that the values of a country could not be turned upside down simply in the name of freedom of expression.

He said it was unacceptable in a “democratic society founded on the rule of law” for any person, no matter what they did, to be allowed to swear in public – even in a theatre as part of a script. “According to our law, the very fact that a person swears in public, regardless of the reason, is a contravention... So if the court allows this in a democratic society, it would be discriminating (against those who are punished for swearing in public).”

The anti-censorship front said today that the court’s reasoning that social considerations

should prevail over the right of the artist to express himself in the way he desired, assumed that people’s convictions should be protected from any offence. “Attending a play is a wilful act and thus one is not exposed to offensive material unless one deliberately chooses to be exposed to it.”

The front also took issue with the court’s belief that ‘depravity’ was incompatible with ‘Maltese civilisation’. “The Front is extremely doubtful how a play could have the potential to ‘turn the values of society upside down’… and whether a society which censors the wilful viewing of art by adults deserves to be called civilised.”

“The Front wishes to show its solidarity with Unifaun theatre company, and fears that this ruling will trigger a new wave of censorship on the arts. The way the law is applied has a normative effect and strongly affects public perception of what is moral and what is not. The Front fears that this ruling does not help create a more open Maltese society, and it will only fuel the intolerance already present in it. To this end the Front declares that it will be increasing its pressure for legislative reform, which includes denying the classification board the power of censuring theatre displays for adults.”

The producers of the play Stitching have declared they will appeal from the court judgement, and that if necessary, even take the case before the European Court.

The civil court declared that blasphemy and vulgar language should not be tolerated in public, not even in plays. The controversial play, written by Scottish playwright Anthony Neilson, has been performed in several countries.

Mr Justice Joseph Zammit McKeon said there was nothing unreasonable in the board’s actions to observe the country’s laws and view the play as “an offence to the whole culture of the country”.

“No matter how tumultuous the relationship of the couple was, extensive use of vulgar, obscene and blasphemous language that exalts perversion, vilifies the right to life... makes fun of the suffering of women in the Holocaust, and reduces women to a simple object of sexual satisfaction... cannot be used.”