Czech court rules on Ztohoven's virtual explosion

Jiří Máslo
26. 3. 2008 13:40
Prosecutor may consider appealing the verdict

Trutnov - It all started as an artistic attempt to draw attention to the virual nature of media reality. It ended with the seven members of the art group Ztohoven being taken to court.

Yesterday, they stood trial in the district court in Trutnov. The verdict was - not guilty.

"Their act was not a criminal offence, thus I discharge them all," stated the judge of the Trutnov court.

Greeted with applause from the audience present at the hearing, members of the group looked visibly relieved after the verdict was announced. 

Hacking into reality

The ruling, though, is not final, since the state prosecutor may be considering appealing the court's decision. However, it is not clear if the case will be brought up again at the court of appeals. Leaving the court house hastily, the prosecutor avoided answering questions about her plans.

Ztohoven group in the courtroom
Ztohoven group in the courtroom | Foto: Jíří Máslo

The artists were accused of hacking into the live broadcast of Czech Television's Panoráma, a regular morning program that airs live shots of the local countryside scenery, without accompanying commentary. The group inserted a video clip of an atomic explosion into the aired sequence. 

The prosecution charged them with disturbing the public and alarming the viewers by making them think the explosion really happened. 

"What we have done was just a form of artistic expression. It was not our aim to scare anybody or to create an impression of a real nuclear explosion taking place," Ztohoven members told the court. 

These were, in fact, the last words the court heard from them during the hearing.

Expertise: "A mere joke"

All seven members decided to invoke their right not to testify. They only referred to their own press release which stated practically the same: our actions were a work of art.

A psychologist, Jan Lašek, was called in to provide an expert opinion on whether the "explosion" could have had a negative influence on the audience of Czech Television, and whether it could have made them weary of potential danger.

"I understand it as a type of humor, a practical joke," said Lašek. "It would have had to look differently in order for it to classify as a successful manipulation, in order for it to be believed by the viewer," added the psychologist.

Absurd or believable?

Even the main representative of Černý Důl, the municipality where the virtual explosion took place, supported the group. "I know our citizens have seen it. And it hasn't produced any alarm or panic," assured mayor Zdeněk Kraus.

A business card of a group whose business is... well, to shock, isn't it?
A business card of a group whose business is... well, to shock, isn't it? | Foto: Ztohoven

At times, the legal proceedings lacked appropriate seriousness, with the defense lawyers repeatedly trying to make fun of the charges. They tried to prove that the group's actions did not cause any harm and the that the incident should not be discussed in court at all.

"It was such an extreme exaggeration that criminal law cannot be applied to it," said Václav Vlk, one of the lawyers.

The prosecution, of course, has a different view of the matter. The seven members of the group, in their opinion, have committed a crime of scaremongering. The maximum penalty for this offence is three years in prison.

 

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