The European Court of Human Rights ordered Malta to pay €20,000 to a theatre company and individuals after unlawfully banning the play Stitching by Scottish playwright Anthony Neilson.
Unifaun Theatre Productions Limited and Maltese nationals Adrian Buckle, Christopher Gatt, Maria Pia Zammit and Mikhail Acopovich Basmadjian, took their case to the European court.
In December 2008, the theatre company applied to the Board for Film and Stage Classification for a rating certificate ahead of a planned staging of the play. However, the board banned the play.
The reasons for the decision included the play being blasphemous, showing contempt for the victims of the Auschwitz death camp, portraying dangerous sexual perversions and referring to the sexual assault of children.
Handing down its judgment this morning, the European court found that “the law relied on by the respondent Government was not of a sufficient quality and that the interference was a result of a procedure which was not prescribed by law”.
It agreed, therefore, that there had been a violation of article 10 of the European Convention in respect of the first, third, fourth and fifth applicants.
The court ordered the joint payment of €10,000 in respect of non-pecunciary damage and €10,000 in respect of costs and expenses to those four applicants.
Both the government and the Labour Party praised the decision taken by the court, saying it was yet another victory for freedom of expression.
AD statement
The Alternattiva Demokratika welcomed the decision of the European Court of Human Rights "which overturned the absurd decision taken eight years ago by the authorities and confirmed by the Constitutional Court in Malta to ban the play Stitching. There is no place for such bigoted acts of artistic censorship in a democratic country which aspires to respect freedom of thought and expression."
"Freedom of expression should be the hallmark of a tolerant and democratic society in all areas. Keeping, however, in mind that freedom of expression goes hand in hand with the respect of diversity and diverse opinions," concluded AD Chairperson, Carmel Cacopardo.