Ministry says anti-censorship front ignoring 'need to protect children'

Under these changes, writer Alex Vella Gera, the writer of the satirical piece Li Tkisser Sewwi in student newspaper Ir-Realtà, would have faced a maximum of 6 more months in prisons and a fine almost six times as much to reach a maximum of €3,000.

In a statement, the FAC explained how Article 208 of the Criminal Code, had identified, amongst other things, "producing, circulating, or possessing material which could be deemed pornographic a criminal offence if its intent was for distribution or for display in a public place." The law punished such offences with not more than 6 months of jail or a €465.87 fine, or both, but under the new amendments, the offence is now punishable by 6 to 12 months in jail or by a fine of between €1,000 and €3,000 or both.

The laws were part of a package dealing with child pornography, which now punishes by a term from one to five years any form of "indecent material" - including text - of minors "even if the minor is non-existent", "or of the sexual parts of a child or primarily sexual purposes"... spelling an unsure future for fictional literature.

It is unsure how a book like Vladimir Nabokov's Lolita, whose fictional narrator is sexually obsessed with 12-year old Dolores (Lolita), would be treated in 21st century Malta... let alone a film or theatrical adaptation, since the banning of Stitching by the film classification board and a court judgement upholding the ban.

But in a reaction today, the Ministry for Justice and Home Affairs has affirmed that the legal changes protect children from sexual exploitation, pornography and grooming on the internet with the intent of engaging them in sexual acts and paedophilia. These include a maximum 5-year sentence for compelling a minor to perform sexual activities, simulated sexual conduct or the exhibition of sexual organs. "Similar legislation intended to protect children and other vulnerable persons from sexual exploitation exists in most European countries."

The ministry said the amendments were supported by both sides of the House, and that the law protected "vulnerable classes in our society from abuse and exploitation."

"The fact that The Front Against Censorship is opposing such legal provisions is a clear indication that the Front has either failed to understand the aim of these amendments or is evidence of the fact that the Front does not endorse the same values the people of this country have consistently upheld."

The ministry did not explain whether the laws would have consequences on works of fiction, such as the prosecution of 'indecent' literative.

The Front has expressed its disappointment at the fact that “instead of repealing the harsh prison sentences which would be the shame of any European nation, the law has actually been amended to increase them”.

The Front recalled how this that this was the same law used to prosecute persons in the Ir-Realtà case, and that therefore, whoever voted in favour of this Act “not only agreed with the draconian proceedings taken against the student newspaper, but also wanted to punish such activities more harshly”.

The Front insisted that “a culture of terror” was being created amongst the artistic community in this country, “who fear being prosecuted if they include sexual themes in their work. “This update to the law is even more shocking when one considers that the National Cultural Policy being drafted at the moment has made it a point of encouraging openness and artistic creativity,” the FAC added.

It also came in the shadow of the ruling on the Stitching case which indicated that banning the play did not violate the theatre company’s constitutional rights to free speech, and the recent removal of erotic pictures from the Gozo Contemporary Arts Festival,” the Front warned.

FRONT AGAINST CENSORSHIP publishes its manifesto.