Stage and film censorship : how far can, and should it go?

Abstract

This thesis attempts to address the underpinnings of censorship. An examination of censorship in all its incarnations would have been hopelessly long and superficial, so I decided to limit my study to the censorship of films and stage performances. In my opinion, any discussion of the laws on censorship cannot make sense unless it Is preceded by a run-through of the moral arguments lying behind every State's decision "to censor or not to censor'~ Any censorship must follow from a moral finding of undesirabillty of a particular performance. In understanding the reasoning behind the existing laws on censorship, there must therefore be a consideration of the arguments brought forward by the various factions In favour of, and against, a system of censorship. Once the moral argument is disposed of In Part I of my thesis, Part II can tackle the legal structure of stage and film censorship without the shackles of moral considerations. And it is here that surprises arose. During the research for this thesis, two serious legal objections became obvious: (1) the ends towards which censorship is the means, can be achieved, under existing Maltese laws, in a manner less obtrusive of the Individual's fundamental freedoms than the present system of stage and film censorship provides for; and (2) the Cinema and Stage Regulations, a 1937 Government Notice which dictates all film and stage censorship law In our country, is probably unconstitutional and ultra vires on a number of grounds. I would at this point like to emphasise that my criticisms are in no way directed towards the individuals actually charged with the duty of censoring plays and films. They censor following the dictats of the law, a duty which they perform admirably and impartially with an open mind. It is the law on the basis of which they operate that is being questioned, and not their dedication. My thesis proceeds, in Chapter 5, with an examination of a number of foreign law systems of censorship, which further highlights the outdated feel and the disregard for freedom of the Maltese system. In this brief tour of these foreign legislations, some innovative methods of tackling the censorship dilemma have been encountered. These I have compiled in the last Chapter as a list of alternatives to the current Maltese system of stage and film censorship.