Means whereby offences under this Act are committed
3. The offences mentioned in this Part of this Act are committed by
means of the publication or distribution in Malta of printed matter,
from whatsoever place such matter may originate, or by means of any
broadcast.
Incitement to take away life or liberty of President etc. (Amended
by: L.N. 148 of 1975; LVIII. 1974.68; XIII. 1983.5)
4. Whosoever, by any means mentioned in section 3 of this Act, shall
incite others to take away the life or the liberty of the President of
Malta or of any Minister, shall for the mere incitement be liable on
conviction to imprisonment for a term not exceeding nine years and to a
fine (multa) not exceeding five hundred liri.
Imputation of ulterior motives to acts of President of Malta (Amended
by: L.N. 148 of 1975; LVIII. 1974.68; XIII. 1983.5; X. 1996.3)
5. (1) Whosoever, by any means mentioned in section 3 of this Act,
shall impute ulterior motives to the acts of the President of Malta or
shall insult, revile or bring into hatred or contempt or excite
disaffection against, the person of the President of Malta, shall be
liable on conviction to imprisonment for a term not exceeding three
months and to a fine (multa) not exceeding two hundred liri.
Contempt towards the flag (Amended by: XIII. 1983.5)
(2) Whosoever, by any means mentioned in section 3 of this Act, shall
insult or show contempt towards the National Flag of Malta shall be
liable on conviction to imprisonment for a term not exceeding three
months and to a fine (multa) not exceeding two hundred liri.
Racism and similar offences (Added by: X. 1996.3)
6. Whosoever, by any means mentioned in section 3 of this Act, shall
threaten, insult, or expose to hatred, persecution or contempt, a person
or group of persons because of their race, creed, colour, nationality,
or national or ethnic origin shall be liable on conviction to
imprisonment for a term not exceeding three months and to a fine (multa).
Obscene libel
7. Whosoever, by any means mentioned in section 3 of this Act,
directly or indirectly, or by the use of equivocal expressions, shall
injure public morals or decency shall be liable on conviction to
imprisonment for a term not exceeding three months or to a fine (multa)
or to both such imprisonment and fine.
Devulging professional secrets (Amended by: XIII. 1983.5; X.
1996.4)
8. Whosoever, by any means mentioned in section 3 of this Act, shall
divulge any secret matter confided to him by reason of his profession or
calling, shall be liable on conviction to imprisonment for a term not
exceeding three months or to a fine (multa) or to both such
imprisonment and fine.
Malicious publication of false news (Amended by: XVII. 1978.2)
9. (1) Whosoever shall maliciously, by any means mentioned in section
3 of this Act, spread false news which is likely to alarm public
opinion, or disturb public good order or the public peace, or to create
a commotion among the public or among certain classes of the public,
shall be liable on conviction to imprisonment for a term not exceeding
three months or to a fine (multa) or to both such imprisonment
and fine;
Provided that, if any disturbance ensues in consequence of the
offence, or if the offence has contributed to the occurrence of any
disturbance, the offender shall be liable to imprisonment for a term of
not less than one month but not exceeding six months and to a fine (multa).
(2) For the purposes of this section, malice shall be presumed in
default of evidence showing that, prior to publication, the accused took
reasonable measures to verify the truthfulness of the news.
Negligent publication of false news
10. Whosoever, by any means mentioned in section 3 of this Act,
shall, through the omission of ordinary diligence, spread false news
which is likely to alarm public opinion, or to disturb public good order
or the public peace, shall be liable on conviction to a fine (multa).
Defamatory libel (Amended by: XIII. 1983.5; X. 1996.5; XVI.2006.31)
11. Save as otherwise provided in this Act, whosoever shall, by any
means mentioned in article 3, libel any person, shall be
liable on conviction to a fine (multa).
Plea of justification (Amended by: XIII. 1983.5)
12. (1) In any action for a defamatory libel under section
11 of this act, the truth of the matters charged may be enquired into if
the accused, in the preliminary stage of the proceedings, assumes full
responsibility for the alleged libel and declares in his defence that he
wishes to prove the truth of the facts attributed by him to the
aggrieved party:
Provided that the truth of the matters charged may be enquired
into only if the person aggrieved:-
is a public officer or servant and the facts attributed to him
refer to the exercise of his functions; or
is a candidate for a public office and the facts attributed to him
refer to his honesty, ability or competency to fill that office, or
habitually exercises a profession, an art or a trade, and the
facts attributed to him refer to the exercise of such profession,
art or trade; or
takes an active part in politics and the facts attributed to him
refer to his so taking part in politics; or
occupies a position of trust in a matter of general public
interest;
Provided further that the truth of the matters charged may not be
enquired into if such matters refer to the domestic life of the
aggrieved party.
(2) Where the truth of the matters charged is enquired into in
accordance with the foregoing provisions of this section -
(a) if the truth of the matters charged is
substantially proved, the defendant shall not be liable to punishment if
the court is satisfied that the proof of the truth has been for the
public benefit and he shall be entitled to recover from the complainant
or plaintiff the costs sustained by him in nay criminal or civil
proceedings:
Provided that the proof of the truth of the matters charged shall not
exempt the defendant from punishment for any insult, imputation or
allegation which
the court shall consider to have been unnecessary in attributing to the
person aggrieved the facts the proof of the truth whereof shall have
been allowed;
(b) if the truth of the matters charged is not substantially
proved, the accused shall be liable to imprisonment for a term not
exceeding six months or to a fine (multa) not exceeding five
hundred liri or to both such imprisonment and fine.
Qualified Privilege (Added by: X. 1996.6)
12A. In proceedings instituted under this Act it shall be a defence
for the editor or the publisher to prove that the information published
consisted of an accurate report of a speech made at an important public
event by an identified person who knew or could have reasonably known or
expected that the content of that speech was to be published in a
newspaper or in a broadcasting medium and that the publication of the
said speech was reasonably justifiable in a democratic society.
Publication of matter with intent to extort (Amended by: XII.
1983.5)
13. Whosoever, by any means mentioned in section 3 of this Act,
publishes or threatens to publish any matter touching any other person
with intent to extort money or money's worth or any other advantage,
shall be liable on conviction to imprisonment for a term not exceeding
two years and to a fine (multa) not exceeding five hundred liri.
Instigation to commit offence (Amended by: XIII. 1983.5)
14. Save as otherwise provided in this Act, whosoever shall, by any
means mentioned in section 3 of this Act, directly instigate the
perpetration of an offence shall, for the mere fact of such instigation,
be liable
(a) to imprisonment for a term not exceeding eighteen months
and to a fine (multa) in the case of an offence liable to a
punishment higher than imprisonment for three years;
(b) to imprisonment for a term not exceeding six months and to
a fine (multa) in the case of an offence liable to imprisonment
for a term exceeding one year but not exceeding three years;
(c) to a fine (multa) not exceeding two hundred liri or
to detention in the case of any other offence.
Justification of crimes
15. Whosoever, by any means mentioned in section 3 of this Act, shall
justify or excuse the perpetration of any crime shall be liable on
conviction to imprisonment for a term not exceeding three months or to a
fine (multa).
Incitement to disobey the law
16. Whosoever, by any means mentioned in section 3 of this Act, shall
directly incite any person to disobey the law shall, for the mere
incitement, be liable on conviction to imprisonment for a term not
exceeding six months.
Where instigation or incitement has produced effect
17. Where the instigation or incitement by any means mentioned in
section 3 of this Act to commit any offence has produced its effect, the
persons responsible for the instigation or incitement shall be liable to
the punishment established for the offence so committed diminished by
one degree.
Importation of printed matter
18. If any person imports into Malta any printed matter being a copy
of any matter which has previously been knowingly sent for publication
abroad and in respect of which, if it had been published in Malta, such
person would have been guilty of an offence under this Part of this Act,
such person shall be liable to punishment as if the publication had
taken place in Malta.
Sale of incriminated publications
19. Any person who knowingly sells or offers for sale or distributes
or imports for sale or distribution any printed matter whereby any
offence against this Act is committed shall be deemed to be an
accomplice and shall be liable to the same punishment as the principal
offender.
Publication of judgement in case of conviction under section 11 (Amended
by: XIII. 1983.5; X. 1996.8)
20. (1) In the case of a conviction under section 11 of this Act, and
if so requested by the injured party, the court shall in the judgement
order, in the case of a newspaper that in a subsequent issue thereof not
later than the next but one, and in the case of a broadcasting medium
that on the day immediately following that on which judgement is given,
the judgement itself or a comprehensive summary thereof be published or
broadcast, as the case may require, in the same language in which the
offence was committed, free of charge< and if at the time of the
judgement or immediately thereafter the newspaper has ceased publication
or the broadcasting medium has ceased to operate, or in the case of any
other printed matter, the court shall, in the judgement or in a
subsequent order, order that such summary be published or broadcast at
the expense of the party convicted in another newspaper or on another
medium within a period not exceeding one month.
(2) In default of compliance with any such order the party convicted
shall be liable to pay to the complainant a penalty not exceeding five
hundred liri.
(3) The action for the recovery of such penalty shall be exercised by
the complainant before the court making the order.
Right of Reply (Amended by: XVII. 1978.3; X. 1996.9)
21. (1) Any person whose actions or intentions have been
misrepresented or who has been subjected to an attack on his honour,
dignity or reputation, or to an intrusion into his private life by means
of or in a newspaper or in any broadcast shall be entitled to demand and
to have published forthwith, free of charge, in the same newspaper or on
the same broadcasting medium, as the case may require, a statement by
way of contradiction or explanation>
Provided that this section shall not apply where the
misrepresentation occurs in a broadcast of a political nature which is
part of a scheme approved by the Broadcasting Authority if the
misrepresentation may be contradicted or explained in another broadcast
which is part of the same scheme either by the person whose actions or
intentions have been misrepresented or by another person entitled to
take part in such other broadcast in representation of the party to
which the person whose actions or intentions have been misrepresented
belongs>
Provided further that no person shall be required to publish a
statement by way of contradiction or explanation which is defamatory, or
which is not written in the language of the newspaper, or in any of the
languages used by the broadcasting medium, where it is requested that it
should be published.
(2) In the case of a newspaper, a reply in terms of subsection (1) of
this section shall be published as a separate article and without being
interpolated with any comments or other material that does not form part
of the reply, with equal prominence as the publication in respect of
which the right of reply is exercised and it shall not be lawful to
shorten or edit the reply in such a manner as to prejudice the effective
exercise of the right of reply under this section. The said statement
shall be published not later than the second issue of the newspaper
following the receipt of the request>
Provided that when the right of reply is availed of in respect of a
publication in a newspaper published at intervals of at least one week,
the said statement shall be published in the issue immediately following
the receipt of the request if such request is received at least four
days before the publication of the said issue and not later than the
second issue following the receipt of the request in all other cases.
(3) In the case of a broadcast, a statement in terms of subsection
(1) of this section shall be broadcast not later than the second day
following that on which the request is received; it shall be broadcast
in a way and at the time that it reaches as much as possible the same
audience and with the same prominence, and the time allowed shall be a
time which is twice the time of the broadcast or part of the broadcast
complained of but which is not less than ninety seconds and not more
than one hundred and eighty seconds.
(4) An editor of a newspaper or the manager or other person
responsible for the broadcasting medium who neglects to comply with any
of the foregoing provisions of this section shall be liable on
conviction to a fine (multa) of a minimum of two hundred Liri and in the
case of such conviction the court shalla in its judgement make such
orders upon the party convicted as it deems appropriate as to ensure
respect of the right of reply granted by this section. In default of
compliance with any such order the party convicted shall be liable to
pay the complainant a penalty not exceeding five hundred liri which
shall be enforceable by the same court.
(5) The publication of any statement as required by this section or
any punishment thereunder shal not be a bar to the exercise of any other
action under this Act.
(6) This section shall not apply to any publication mentioned in
Section 33 of this Act in cases were no action lies under that section
in respect of such publication.
(7) The right of reply under this section shall lapse if the person
demanding such right shall not have claimed it within one month from the
date of publication of the newspaper or of the bra\oadcast in respect of
which the said right may be exercised.
Saving of other laws (Amended by: XIII. 1983.5; X. 1996.10; Cap.
9)
22. Where any act committed by any means mentioned in section 3 of
this Act constitutes in terms of the Criminal Code or of any other law
an offence which is not provided for in this Act or which is pubishable
with a higher punishment than that imposed by this Act, such Code or
other law shall apply.