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Laws, other asses and obscenities

Terrible is the country where the rule of law is not respected. Worse is the country where law is the only measure applied to guide human acts and relationships. This would be especially true where a positivistic approach to the law is taken. In such cases the law is based on the power of those who enact it and can verge on being arbitrary. Many obscenities have been sanctioned and justified by the law. Many injustices have been committed in the same way.

A civilised country needs other things besides the law. It also needs, for example an ethical ethos and like minded citizens. The law regulates the minimum. Lower than this one should not stoop. Ethics looks at a higher target. Just justifying one self in terms of law is not the right approach in several cases. Let me look at two such cases.

The age of the self employed?

In more senses than one the self-employed are the motor of the economy. They risk, they sweat and they achieve results. At first glance the increase in the number of self employed can signal a more vibrant economy. But when one looks closer some surprises ensue. Gejtu Vella writing in The Times of May 31, 2008 informed us that “security personnel, chambermaids, waiting staff, swimming pool attendants and clerical workers, mostly of tender working age, are being served with self-employed contracts of service by their respective employer.”

What these employers are doing is totally legal. So should that be the end of the story? This is absolutely not the case. Legal it is, but obscene it is even more. The law stipulated that if you work part time for 20 hours then you have a right for pro-rata sickness and leave benefits. Some bloodsuckers a.k.a. employers starting employing people for 19 hours and less. The law was changed. If someone is employed even for eight hours a week then one is entitled for pro-rata benefits. End of story. Justice regained. Exploitation kicked on the backside. Trade unionists patted each other above the backside.

Unfortunately this was not the scenario that emerged. The bloodsuckers a.k.a. these particular employers, probably aided by members of a profession, whose title should not be mentioned in a respectable society, struck back (Clue number 1 for profession: Their number in heaven is slightly smaller than the number of virgins in brothels). Stop employing people. Make them employ themselves and then they come to you on their knees. (As Gejtu wrote: “The realities of life - family, children, mortgage payments and many other financial commitments - impose certain obligations on the workers' possibility to quit.”) You don’t have to give them any benefits but a wage. (Quite naturally some member of the same profession is working on this detail as well. Hint 2: Some members of this profession do their level best to enable paedophiles and drug traffickers to roam the streets. ) Legality respected! Obscenity triumphant!

Gejtu Vella told us that the government should do something about it. He suggested that these bas***ds (one can find this word in the RVS English version of the Bible without any asterisks) should not be granted government contracts. Well spoken and may government heed. But then Gejtu disappoints. He said that “the UĦM will cross swords with those employers” who so behave. Come on Gejtu is that all? Don’t tell us what you WILL do. Tell us about something effective that you ARE doing. An idea? Book adverts in all the papers; name the bloodsuckers, give us their office and home number as well as emails. A photo wouldn’t be a bad idea. And then let the honest people of this country phone them and email them to tell them what they think about them. I’m sure that these bloodsuckers pose as respectability itself. Let us expose them in public in their naked obscenity.

The law should not be the bastion of exploiters.

A drink called Cocaine

I am told that on the way to Paceville two gigantic billboards are gracing Regional Road exhorting the revelers to drink Cocaine. The substance usually takes the form of powder which one sniffs. It is said that in Malta it is consumed during the parties of the rich and the powerful. The Cocaine being advertised is of another kind. It is drunk not sniffed. It is also wholly legal since its contents are totally dissimilar from those of the nefarious drug.

It seems that everything is in order. It is another case of legality respected.

Based on the importer’s claim to legality the advert for Cocaine made it to one of Malta’s most respectable newspapers i.e. The Times. It also made it to the programmes of the production house with the best claim for a social conscience i.e. WE.

But it is another case of obscenity triumphant.

Earlier in the week the Broadcasting Authority joined the fray. In a statement signed by the chief executive, it declared that:

“In so far as Cocaine Energy Drink is concerned, it breaches the Broadcasting Act's provisions concerning offence to public feeling. Moreover, such an advert encourages behaviour prejudicial to health or to safety and runs counter to the efforts made by agencies like Sedqa to combat the drug problem in Malta. I am of the view that by referring to 'Cocaine' in the name of the energy drink, by association, the impression could be given that the use of cocaine is legitimate. Therefore I do not consider it to be in the public interest to allow the said advertisement," the CEO said.

In this case there is an Authority saying that the advert is illegal when aired on radio or TV. In the case of newspapers there still is the veneer of legality since the Broadcasting Act does not cover print. But the statement of the Broadcasting Authority gives other reasons – besides the legal ones – why that kind of advert should not be aired …. And I add “nor printed”.

Any item that uses the name of a drug – whatever it is – should be blacklisted by both the print and the broadcast media.

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Comments

Joseph Schembri (on 26/8/08)
As regards cocain: Remember that users familiar with this substance call it coke - like the famous drink. So should we ban coca cola too? At the same time I don't agree that something as harmful as beyond doubt cocain is should be glamourised by a drinks company and shame on chest beaters like W.E. if they are really advertising this drink.

BTW - how wrong you are Fr. Borg to think that cocain is limited parties of the rich. I am sure that the police can tell you that it's use is widespread all over Malta even amongst teenagers and school goers.
Joseph Schembri (on 26/8/08)
Many language schools employ teachers (Often young people but sometimes adults who have a family to look after) on a 'freelance' arrangement. Basically the teachers get paid per hour but they get no sick leave, vacation leave, bonuses or any job security. I'm sure that the government employment agency and the unions know about this situation. But maybe they'd rather have people working in conditions little better than slaves than have them register as unemployed.
Jean-Claude Cardona (on 3/7/08)
I want to reassure Kenneth Cassar that it is not our intention to go back in time. Nor suppress personal choice. At least not unless that personal choice is proven to be harmful to others, children in particular.

I have followed the comments on this newspaper about Cocaine energy drink and I am honestly baffled at how we seem to cannot agree that the naming of a legal product with that of an illegal substance is irresponsible and it is not a question of 'personal conscience' but it is a question of protecting children from a dilution of the possible damaging effects of illegal substances. I am sure that Mr Kenneth Cassar and his ilk can make sound decisions based on 'personal conscience'. Let us ensure that children can reach that stage in the future.
Kenneth Cassar (on 2/7/08)
In my opinion, it all is a matter of personal conscience. If people find a product (or its name) harmful, they are entitled to boycott it (as well as boycott the media that advertises it). If not...it's a free country.

To people who would demand the banning of a harmless product just because of its name, I would say, what's next?...the burning of "dangerous" books? I thought we have waved goodbye to that period in history.
P Mamo (on 27/6/08)
Saying that Eric Clapton's Cocaine shouldn't be aired on radio stations reminds me of the Taleban.
Dr Francis Saliba (on 26/6/08)
@ Victoria Grech
I have made myself clear enough. Concerned people should condemn unreservedly trade names and songs whose anti-drug message is confessedly "ambiguous" and far-fetched. Including them in a list of other popular songs with a clear anti-drug message is insidiously subversive.
Andrew Borg-Cardona (on 26/6/08)
On the matter of self-employed employees (an oxymoron if ever there was one) employment law tends to work on the principle that "if it looks like a dog, barks from one end and wags at the other, then it probably is a dog". Consequently, even if a contract is described as a contract for services, if it is really employment, it will (should) be treated as employment by the relevant authorities.

I suspect that the employers of people in this fashion are too cheap to take on appropriate shysters, who could have advised them of the state of the law, in between faciltating pedophilia and drug dealing, of course.

As always, a little knowledge is a dangerous thing and, in this context, confirms how little respect there is for the rule of law in this country.
Victoria Grech (on 26/6/08)
@ Francis Saliba

Not if there is an underlying anti- message

These are all anti-drug songs. A few not overtly so - especially Heroin by Velvet Underground. This one narrates the story of a user and the consequences. These are all hugely popular songs that hit a nerve with young people. Go have a look at the lyrics.

The Pusher - Steppenwolf
The drugs don't work - The Verve
Heroin - Velvet Underground
The Needle and the Damage Done - Neil Young
Cold Turkey - John Lennon
Mr. Brownstone - Guns N' Roses
Salvation - The Cranberries
Dr Francis Saliba (on 26/6/08)
@ Victoria Grech

Cocaine, drink and song, carry a subliminal advertisment that minimises the danger of cocaine as a drug of abuse.
Victoria Grech (on 25/6/08)
@ Dr Saliba

Don't shoot the messenger... take the matter up with Eric Clapton.

On a more serious note, though, yes, music and any other art form do make people reflect on life since all art forms are an expression of what people think and feel.
Dr Francis Saliba (on 25/6/08)
@Victoria Grech
So, according to Clapton, the song "Cocaine" is "ambiguous" and requires "reflection" and "study" "from a distance" before one realizes that it is actually an anti-cocaine song.
I do not believe that very many of its average listeners actually do retire to meditate, to reflect, to study and search diligently for this elusive "anti-cocaine" message and if any do make that discovery!
Victoria Grech (on 25/6/08)
Contrary to popular belief Cocaine (Eric Clapton) does not glorify drug use.

This is what he had to say about it: “It’s no good to write a deliberate anti-drug song and hope that it will catch. Because the general thing is: people will be upset. It would disturb them to have someone else shoving something down their throat. So the best thing to do is offer something that seems ambiguous--that on study or on reflection actually can be seen to be ‘anti’--which the song “Cocaine” is actually an anti-cocaine song. If you study it or look at it with a little bit of thought... from a distance... or as it goes by… it just sounds like a song about cocaine. But in actual fact, it is quite cleverly anti-cocaine.” (The Best of Everything Show, with Dan Neer)
Later, Clapton added the lyrics 'that dirty cocaine' in live shows to underline the anti-drug message of the song. Clapton has also commented:

“…that’s an anti-drug-song. The fans only listen to the refrain: ‘She don’t lie, she don’t lie, cocaine.’ It’s sad how young people destroy themselves with drugs. (Stern magazine, Germany, 1998)


Fr Joe Borg (on 25/6/08)
P. Mamo, if the song you mentioned glorifies or speaks well of cocaine the drug, in my opinion, it should not be played. If the song Cocaine discusses the drug problem then it is another matter. I have no problem playing it.
P Mamo (on 25/6/08)
But father, what about Cocaine the song? Shall DJs stop playing it as it's got the name of a drug?
Fr Joe Borg (on 24/6/08)
Victoria's latest comment on the role of ETC puts the whole issue into perspective. A very valid clarification indeed,
Victoria has asked whether Sedqa and or Caritas took a public position on the COCAINE drink. I found out that Sedqa did take a position but i could not find any public position by Caritas.
On June 19 - the day when i wrote my blog - timesofmalta.com had a story in the afternoon.
"Sedqa complains about energy drink called Cocaine
According to this report Sedqa has complained bitterly about the advertising and sale of an energy drink with the name Cocaine.
“To have a product named Cocaine advertised and sold to young people is an act of irresponsibility which creates confusion and conflicting messages for youths,” Jean Claude Cardona, Sedqa operations director said."

I am sure that Caritas shares the same sentiments so a public statement in this regard would be appreciated by many.
Robert Agius (on 24/6/08)
Here I am writing again cause for some odd reason my comment didn't get though (not the 1st time) here is goes once again....(partially)

Victoria: True, true but then again I think morality is relative so I don't feel the urge to beef it up :P . Focus has been shifted though ;) I did beef it up a little in my last message but I just got home and I'm starving.....maybe next time :P
G (on 24/6/08)
As a maltese living in Bolivia since that black February 2003, your article reflects facts and some interpretation of facts of our sad Bolivian story. Since those sad Goni-days, Bolivia is facing a wave of radical measures that sometimes I do wonder which is the worst.. .Goni-days or else our Evo-days. Interestingly enough today`s polls reject with a big majority the politician-class as a whole. Our majority are still suffering and with the world crisis things are getting worst by the. Hope for the better.
Jim Hamilton (on 24/6/08)
Fr Joe, as you say what is happening is not illegal. Okay so be it, but what about the moral aspect?
Workers basic rights should not be curtailed by exploiters and profiteers, and no worker should ever have to endure a deterioration of their working conditions.
It's bad enough having young people employed for a probationary period for an endless amount of time, this is also further exploitation.
I agree with Victoria, the ETC should be more aware of what is going on and together with all the unions voice their concern that workers should not be exploited in any way.
Although this is suppose to be legal, finding loopholes in the law should not be justification in capitalising on workers basic rights. It's just seems so wrong.
I sincerely hope that the unions won't let this rest untill a solution is found.
ADRIANA CHIRCOP (on 24/6/08)
VERY SIMPLE SOLUTION . LAWS CAN BE CHANGED AND WHAT ARE GONZI PN WAITING FOR. more over GOVERNMENT CONTRACTORS EMPLOYING PEOPLE ON SUCH THERMS SHOULD BE DISQUALIFIED FROM WINNING A TENDER.
Victoria Grech (on 24/6/08)
Thank you Fr Joe for your clarification. However, I still think that ETC should have a look into this matter since some of the workforce caught up in this scheming could be people who have been trained by the ETC and then placed in a job with employers who are in partnership with it. ETC should investigate to see if these employers are part of this shameful situation.

This is part of ETC's Mission Statement

Social Commitment: The ETC must reflect the specific employment concerns of the citizens, be they registered unemployed, the long-term unemployed, risk category workers, employees wanting to develop their skills and the self-employed. The ETC is guided by the principle of equity and the promotion of environmental awareness.

More here: http://www.etc.gov.mt/site/page.aspx?pageid=2001

Of course, I am by no means implying that ETC are in cahoots with the employers but as an organisation that safeguards the employee, ETC should make its voice heard about this matter.
Fr Joe Borg (on 24/6/08)
Victoria referred to ETC. The problem is this: what is happening is not illegal. Therefore ETC can do nothing about it. The solution has to be found on a different level. This is why i appealed to UHM to name and shame.
Victoria Grech (on 23/6/08)
Ummmm Robert Agius, I scrolled up and down this blog to see whether you posted something about the first part of Fr Joe's blog since you lamented about the lack thereof =) So where's the beef, eh?

Let me put my two cents' worth about the first part of the blog.

I do not know the exact status of this organisation so I stand to be corrected: but can't the ETC (Employment & Training Corporation) see to these abuses?
Robert Agius (on 23/6/08)
Hmm.....so many people find it immoral to name a drink 'Cocaine'. And go on an on about ethical and moral issues. Does anyone here find it rather immoral that the bulk of the comments are concerned with the latter part of Fr. Joe Borg’s Blog? :P
Reuben Scicluna (on 23/6/08)
Talking about product names in bad taste ... does anyone know why nobody kicked up such a fuss with Pimp Juice?
Perhaps pimping is a lesser evil than cocaine *grinZ*
Lina Caruana (on 22/6/08)
We heard recently of anonymous witness ,not sure whether that only is a solution but the injustice of the law is something amazing and that is not only from grumblers of the party losers. Perhaps we may take evidence gathering more seriously for the victim rather than spinning evidence for the aggressors. A very heavy complex task .However the only thing which could be effective is promoting the honesty of the citizen whether it is his own interest or that of others where justice is concerned.As we stood once for democracy we should all now stand for Justice and the common good and that means uniting against corruption not use it conveniently.
Victoria Grech (on 22/6/08)
Granted Dr Saliba. So where are the parents? They should be up in arms about this product.

Did Sedqa and Caritas (two agencies that work with people with drug problems) issue a statement? A joint (no pun intended absolutely) statement would show a force of unity.
Dr Francis Saliba (on 22/6/08)
Alas! Legality has some chance of enforcement provided those responsible are willing to try. Morality, unbacked by legal sanction, is unenforceable this side of eternity.
Fr Joe Borg (on 22/6/08)
The comment by Victoria Grech is to the point. Especially useful and interesting is the link she gives. Perhaps the editor can follow it up. Did the local health authorities do their homework well or not?
Victoria Grech (on 21/6/08)
I went online to search for more info regarding this product. The company behind this drink is marketing its product as something needing Parental Guidance for it asks you whether you have Parental Consent before accessing the site. This is a crafty gimmick to further enhance the controversy surrounding this product. Apparently the FDA (The Food and Drug Administration USA) had stripped the product of its name in May 2007 because it deemed immoral. A letter by the FDA is posted on the site (the link to this letter is provided below). It makes for some interesting reading.
This product should be banned advertising not on the grounds of illegality but on the grounds of immorality. We all know that law is not equivalent to morality. The law is an ass as Dickens rightly said.

Shame on Where's Everybody for allowing an advert of this product to run during the airtime alloted their programme? Where's their social conscience? What about those programmes you aired about the drug problems in this country? Put your money where your mouth is. It's called integrity. Or are we to think that there are no ethics in business?

http://www.drinkcocaine.com/fda.htm
Dr Francis Saliba (on 21/6/08)
Recommended further reading after the condemnation of:
".......unethical deeds (that) emerge from powerful people who boast of and preach their Christian heritage and beliefs........instead of setting a good example ......do their level best to enable paedophiles and drug taffickers to roam the streets...."
Luke Chapter 18 Verses 9 - 14.
Franco Farrugia (on 21/6/08)
Dear Fr Borg,
Why worry about that energy-drink COCAINE? Let the young people get every more used to that word and let them tell each other that the previous night they had Cocaine!!!!! After all, there is Sedqa agency to pick up the pieces, no?
This is similar to peppering our country with gaming shops: along the short way from my place of work to home, I count eight such shops! A few of them are close to churches and schools! And I say, let them open more such shops - at the end of the tunnel, there is Sedqa to manage those people who get hooked to such games!
If there was one thing that Mintoff did with which I was always in agreement with, it was the barring of Maltese nationals from the one and only Casino' we had in Malta. His intention was a social one.
Of course, today, this is impossible, with online gaming etc... One can also say that since there is online gaming, let these gaming shops open as much as they want - but it's one thing to have to use the Internet, and another to just pop into your shop next door.
Joseph Grech-Attard (on 21/6/08)
Thank you Fr. Joe for an extremely good blog about ethical and moral principles. The list of legal, but otherwise amoral and unethical deeds is unending, and ever on the increase - in employment, social services, health, media, politics, and, i dare say, even, sometimes, in religious fora. "The end JUSTIFIES the means" is the rule of the day and 'Love of neighbour' has slowly changed to 'Love of cash and power'. But what really saddens me is that, at times, such unethical deeds emerge from powerful people who boast of and preach their Christian heritage and beliefs but, at the same time, besides protecting other unethical acts, instead of setting a good example, "..... do their level best to enable paedophiles and drug traffickers to roam the streets", Such deeds, then, tend to mar also justice, love of neighbour and solidarity which used to characterise Christians in their early days,
Joseph Grech-Attard (on 21/6/08)
Thank you Fr. Joe for an extremely good blog about ethical and moral principles. The list of legal, but otherwise amoral and unethical deeds is unending - in employment, social services, health, media, politics, and, i dare say, even, sometimes, in religious fora. "The end JUSTIFIES the means" is the rule of the day and 'Love of neighbour' has slowly changed to 'Love of cash and power'. But what really saddens me is that, at times, such unethical deeds emerge from powerful places which boast of and preach their Christian heritage and beliefs. Such deeds, then, tend to mar also justice and love of neighbour which used to characterise Christians in their early days.
Jes Saliba (on 20/6/08)
I know of a case, where two kids who were returning from Jamaica, had two souveniers confiscated by the Maltese customs, just because they carried the Marihuana leaf.

If the same yard stick should be applied, than Cocaine is to be banned. I do hope that under the name of 'free market' these things don't become a norm.
Dr Francis Saliba (on 20/6/08)
The legislation I had in mind was something on the lines of the Trade Description Act. The very use of the word "Cocaine" would fall foul of such a law because it would falsely imply that the drink contained the controlled drug cocaine in some form or other when this is not the case. Coke is an old established commercial name and no one associates that drink with the illicit drug cocaine.
The presence of caffeine (an uncontrolled dug found in tea and coffee) would produce a weaker stimulant effect which could further deceive its users into beleiving that they are actually taking cocaine as suggested by the drink's name.
Maria Gauci (on 20/6/08)
Kyle Pullicino: And you think that in order to make such an association people needed the drink? Didn't we all know about the rush cocaine (the drug) gives its users? We didn't discover this when Cocaine (the drink) was released on the market!
Its simply a matter of bad taste!
Kyle Pullicino (on 20/6/08)
Yes, people will start associating the feel you get from the Cocaine energy drink to that of the drug and off they go.
Maria Gauci (on 20/6/08)
Well said Fr. Joe about the bloodsuckers. Their identity should be exposed to the public.

With regards to the energy drink bit.... Common street names for the drug cocaine are coke and coca amongst other. Should we ban coca-cola advertising too? I think people are not stupid...they can make the distinction between an illegal drug and an energy drink...irrelevant of their age!
This drink (cocaine) is full of caffeine, which makes it a very unhealthy...but so is coffee; its full of sugar...but so is candy; it contains taurine....but so does Red Bull and no one's complaining.
Dr Sailiba mentioned misleading advertising presumably referring to the writing on the can saying: "the legal alternative". That probably is because its producers claim that Cocaine (the drink) gives you an instant rush without a crash....and it does.

All one can say is that the name chosen for this drink is in bad taste and the least they can do is change it!
Dr Francis Saliba (on 20/6/08)
We should have law against misleading advertising. If so it should be invoked in this case because pushing a drink which really does contain a stimulant drug but which is not cocaine is definitely misleading. the drinking public.

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