A game ban violates freedom of expression
JUDGMENT
Unifaun Theater Productions Limited and others v. Malta 15.05.2018 (no. 37326/13)
SUMMARY
Prohibition of a game due to inappropriate content (the Maltese authorities consider the game a blasphemy, disrespecting the victims of Auschwitz and depicting dangerous sexual preferences relating to child sexual assaults). Complaint regarding a of a violation of the right of free expression. The Court decides that Article 10 (Freedom of Expression) of the European Convention on Human Rights has been violated.
PROVISIONS
Article 6
Article 10
PRINCIPAL FACTS
The applicants are Unifaun Theatre Productions Limited, a limited liability company, and four
Maltese nationals, Adrian Buckle, Christopher Gatt, Maria Pia Zammit and Mikhail Acopovich
Basmadjian who were born in 1971, 1960, 1968, and 1972 respectively.
The case concerned a complaint by the applicants about the authorities’ decision to ban the play
“Stitching”, written by the Scottish playwright Anthony Neilson.
In December 2008 the first applicant applied to the Board for Film and Stage Classification for a
rating certificate ahead of a planned staging of the play, which deals with a troubled relationship
between a man and a woman. 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.
The domestic courts rejected constitutional appeals under Article 10 and Article 6 of the Convention
in June 2010 and November 2012. In particular, the Constitutional Court found that any genuine aim
the play had in portraying relationships was submerged under the instances of blasphemy, the
vilification of the dignity of women and children, and the glorification of sexual perversion.
The applicants complained about the ban under Article 10 (freedom of expression) of the European
Convention on Human Rights.
THE DECISION OF THE COURT
Violation of Article 10 – in respect of Unifaun Theatre Productions Limited, Mr Gatt, Ms Zammit, and
Mr Acopovich Basmadjian
Just satisfaction: 10,000 euros (EUR) (non-pecuniary damage), jointly, and EUR 10,000 (costs and
expenses), jointly, to Unifaun Theatre Productions Limited, Mr Gatt, Ms Zammit, and Mr Acopovich
Basmadjian (echrcaselaw.com).
