Banning and censoring plays and films will no longer be allowed, according to a draft legal notice issued by the government yesterday for three weeks of public consultation.
If, in the past, we did not fulfil (the artistic community’s) aspirations, I apologise- Mario de Marco
“Our laws should reflect the level of maturity of the public and the artistic community,” newly-promoted Tourism and Culture Minister Mario de Marco said.
He outlined the changes during a press conference symbolically held at the theatre of St James Cavalier, in Valletta, where the play Stitching was meant to be performed in 2009.
The play, written by Scottish playwright Anthony Neilson, was banned by the Board of Stage and Film Classification due to “blasphemy” and swearing in its dialogue. The ban was upheld by the Civil Court but sparked a three-year discussion on censorship.
Producer Adrian Buckle, who fought the ban, attended the press conference and applauded the minister’s efforts.
“As we promised from the very beginning, the play will be staged after the laws are enacted,” a pleased Mr Buckle said.
Theatre producers have always been obliged to submit their scripts to the classification board so it can provide ratings. It also has the right to censor parts of the play or ban it completely.
According to the proposed regulations, the board will cease to exist and “responsibility will be shifted” to producers who, through self-regulation, will issue their own ratings.
If a member of the public objects to the rating, the case will be looked into by a Theatre Guidance Board, which will then be able to recommend another rating. In such cases, the producer will be obliged to publicise the board’s recommended rating, and the original one, to allow paying audiences to make informed choices.
Dr de Marco said the board would be obliged to watch the entire performance and “not rely on a script” when looking into complaints.
When the Stitching case was heard in court, the judge had refused pleas by the producers to watch the staged play rather than rely on a reading of its explicit script.
The guidance board would also be available to producers who seek recommendations and will publish a set of “non-obligatory” guidelines to help producers set their own ratings.
The laws will no longer find themselves under the Code of Police Laws but under the Malta Council for Culture and the Arts Act.
The guidance board will be headed by the MCCA chairman, a position today held by Adrian Mamo, and will include a person nominated by the Children’s Commissioner, together with two experts of art and culture.
Films will be classified by another board, which will be obliged to cite reasons for its decisions. Aggrieved producers will be able to file complaints with a separate appeals board.
“I feel these laws fulfil the aspirations of the artistic community,” Dr de Marco said. “If, in the past, we did not fulfil these aspirations, I apologise.”
Asked if it was challenging to convince the rest of the Cabinet members to approve the law, Dr de Marco laughed and replied succinctly: “It was approved.”
The consultation documents can be accessed at www.doi.gov.mt/classification.asp and written submissions should be sent to classification.mtce@gov.mt by February 7.