ACT No. XI of 2018 AN ACT to provide for the updating of the regulation of media and defamation matters and for matters consequential or ancillary thereto.

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

24th April, 2018

ACT No. XI of 2018

AN ACT to provide for the updating of the regulation of media and

defamation matters and for matters consequential or ancillary thereto.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

(1)

The short title of this Act is the Media and Defamation Short title and

commencement.

Act, 2018.

(2) This Act shall come into force on such date as the Minister

responsible for justice may by order in the Gazette establish and

different dates and transitory arrangements may be established in

respect of different provisions and purposes of this Act.

In this Act, unless the context otherwise requires

Interpretation.

"author" means the person who authors or co-authors any

content disseminated by media;

"broadcast" means the transmission by wire or over the air,

including that by satellite, of statements and or visual images,

whether or not such statements or images are in fact received by

any person;

"broadcasting licence" shall have the same meaning as is

attributed to in the Broadcasting Act;

"defamation" is the communication of a statement that

seriously harms the reputation of a person and includes libel and

slander;

"editor" means when there is a person so registered, means

the person registered as editor in accordance with article 19, and,

when there is no person registered in accordance with article 19,

includes any person responsible for the editorial or content control

of any media;

"libel" means defamation by publication;

"media" includes all forms of dissemination of ideas,

information or opinions on matters of public interest to the general

public or to a portion of the public under the editorial control of an

editor;

"Media Registrar" means such person as the Prime

Minister may, from time to time by notice in the Gazette,

designate as Media Registrar for the purposes of this Act;

"person" includes a body of persons, whether it has a

distinct legal personality or not;

"publication" means any act whereby any written media is

or may be communicated to or brought to the knowledge of any

person or whereby words or visual images are disseminated;

"publisher" means a person who owns or controls an

enterprise publishing written media;

"slander" means defamation by spoken statements uttered

with malice;

"written media" means any writing or print made by any

device and includes any written media content distributed by any

means both if distributed through electronic online platforms and

if distributed by any means offline without the use of electronic

platforms and any other means whereby words or visual images

may be heard or perceived or reproduced.

(1) Defamatory words in written media shall be deemed to

be published and to constitute libel.

(2)

Defamatory statements give rise to an action in libel before

the competent court and the provisions of the Code of Organization

and Civil Procedure relating to actions filed before the court shall

apply to such action.

(3) Civil proceedings for defamation under this Act in respect of

anything published in the media may be instituted against each of the

following persons

(a) the author, if he shall have composed the work for the

purpose of its being published, or if he shall have consented

thereto;

(b)

the editor,

or, if the said persons cannot be easily identified,

(c)

the publisher

Provided that separate actions may not be instituted against

the persons mentioned in paragraphs (a), (b) and (c) above in respect

of the same defamation.

(4) Statements are not defamatory unless they cause serious harm

or are likely to seriously harm the reputation of the specific person or

persons making the claim

Provided that, for the purposes of this article, harm to the

reputation of a body that trades for profit is not serious harm unless it

has caused or is likely to cause serious financial loss.

(1) (a) It is a defence to an action for defamation for the Defences.

defendant to show that the imputation conveyed by the statements Truth.

complained of is substantially true.

(b) Where the statements complained of convey two or

more distinct imputations, if one or more of the imputations is

not shown to be substantially true, the defence under this article

does not fail if, having regard to the imputations which are

shown to be substantially true, the imputations which are not

shown to be substantially true do not seriously harm the

claimant’s reputation.

(2) It is a defence to an action for defamation for the defendant to Honest opinion.

show that all the following conditions are met

(a)

the statement complained of was a statement of

opinion;

(b) the statement complained of indicated, whether in

general or specific terms, the basis of the opinion;

(c) that an honest person could have held the opinion on

the basis of -

(i) any fact which existed at the time the statement

complained of was published; or

(ii) anything asserted to be a fact in a privileged

statement published before the statement complained of.

(3) The defence referred to in sub-article (2) is defeated if the

claimant shows that the defendant did not hold the opinion

Provided that this sub-article shall not apply in a case where

the statement complained of was published by the defendant but made

by another person ("the author"); and in such a case the defence is

defeated if the claimant shows that the defendant knew or ought to

have known that the author did not hold the opinion.

(4) For the purposes of sub-article (2) a statement is a "privileged

statement" if the person responsible for its publication can prove in his

defence that -

(a) the publication is on a matter of public interest which

has already been given publicity in a manner accessible to a large

audience on an established medium; or

(b) the publication is a peer-reviewed statement in a

scientific or academic journal; or

(c) the publication is a report of court proceedings

protected by absolute privilege in terms of article 7.

(5) The defences referred to in sub-articles (1) and (2) shall only

apply where the person aggrieved is a public figure, such as when the

said person

(a) is a public officer or servant or an officer or servant

of a body established by law or of a body in which the

Government of Malta has a controlling interest; or

(b) 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

(c)

habitually exercises a profession, art or trade, and the

facts attributed to him refer to the exercise of such profession, art

or trade; or

(d) takes an active part in politics and the facts attributed

to him refer to his so taking part in politics; or

(e) occupies a position of trust in a matter of general

public interest

Provided that the truth of the matters charged may not be

enquired into if such matters refer to the private life of the

plaintiff and the facts alleged have no significant bearing on the

exercise of the plaintiff’s public functions, office, profession or

trade

Provided further that, notwithstanding the provisions of

this sub-article, the defences referred to in sub-articles (1) and

(2) may be raised where the matter referred to is a matter of

general public interest or where the person aggrieved, although

not being a public figure is involved in matters of public interest or

where after giving due consideration to all the circumstances of

the claim the Court is satisfied that the raising of the said defences

is necessary in the interests of the proper administration of justice.

(6) Subject to the other provisions of this article, in any action for

defamation under this Act, the defendant shall be entitled to plead in

defence any cause for mitigation of damages as well as any plea

which, if acceded to, would lead to the dismissal of the action and the

defendant may submit pleas that the publication is not defamatory and

that the facts as stated are true and, or that any opinion expressed is an

h o n e s t o p i n i o n . T h e s u b m i s s i o n of o n e s u c h p l e a d o e s n o t

automatically exclude the other.

(1) It is a defence to an action for defamation for the Publication on

matter of public

defendant to show that -

interest.

(a) the statement complained of was, or formed part of, a

statement on a matter of public interest; and

(b) the defendant reasonably believed that publishing the

statement complained of was in the public interest.

(2) Subject to the provisions of sub-articles (3) and (4), in

determining whether the defendant has shown the matters mentioned

in sub-article (1), the Court must have regard to all the circumstances

of the case.

(3)

If the statement complained of was, or formed part of, an

accurate and impartial account of a dispute to which the claimant was

a party, the Court must, in determining whether it was reasonable for

the defendant to believe that publishing the statement was in the public

interest, disregard any omission of the defendant to take steps to verify

the truth of the imputation conveyed by it.

(4) In determining whether it was reasonable for the defendant to

believe that publishing the statement complained of was in the public

interest, the Court must make such allowance for editorial judgement

as it considers appropriate.

(5) For the avoidance of doubt, the defence under this article may

be relied upon irrespective of whether the statement complained of is a

statement of fact or a statement of opinion.

(1) The publication of a statement in a scientific or

academic journal (whether published in electronic form or otherwise)

is privileged if the following conditions are met

(a)

that the statement relates to a scientific or academic

matter;

(b) that before the statement was published in the journal

an independent review of the statement’s scientific or academic

merit was carried out by

(i)

the editor of the journal; and

(ii) one or more persons with expertise in the

scientific or academic matter concerned.

(2) Where the publication of a statement in a scientific or

academic journal is privileged by virtue of sub-article (1) the

publication in the same journal of any assessment of the statement’s

scientific or academic merit is also privileged if -

(a) the assessment was written by one or more of the

persons who carried out the independent review of the statement;

and

(b)

the assessment was written in the course of that

review.

(3) Where the publication of a statement or assessment is

privileged by virtue of this article, the publication of a fair and

accurate copy of extract from or summary of the statement or

assessment is also privileged.

(4) Notwithstanding the other provisions of this article a

publication is not privileged by virtue of this article if it is shown to be

made with malice.

(5)

Nothing in this article is to be construed -

(a) as protecting the publication of matter the publication

of which is prohibited by law;

(b)

as limiting any privilege subsisting apart from this

article.

(1) No action for defamation shall lie in respect of the Privileged

publications.

following publications

(a) publications made in pursuance of an Act of

Parliament or by authority of the President of Malta or of the

House of Representatives;

(b) publications consisting of communications between

public officers, or between such officers, and contractors of the

public service or officials of public corporations, reports of

inquiries held in terms of any law, or statements by public

officers that are made in good faith in the public interest

including the interests of national security, territorial integrity,

public safety, the prevention of disorder or crime or for the

protection of health or morals;

(c) publications of bona fide reports of debates of the

House of Representatives, provided the relevant part of the

debate is published, and the defence of any person against whom

any charge is made is not suppressed or maliciously or

negligently curtained or altered;

(d) publications of reports of any proceedings in a court

of justice in Malta, provided such reports are fair reports of the

proceedings and the publication of such reports or proceedings is

not prohibited by law or by the court;

(e) any evidence given in good faith and according to

law before a court or before a tribunal established by law

Provided that it shall not be lawful to publish -

(a) anything which, by article 994 of the Code of Cap. 12.

Organization and Civil Procedure, is forbidden to be used or

produced, or

(b) any report of the proceedings in any case of

defamation, in which evidence of the truth of the matters charged

is not allowed by law.

(2)

The following publications are also privileged

(a) a fair and accurate copy of, extract from or summary

of, a notice or other matter issued for the information of the

public by or on behalf of -

(i)

a legislature or government anywhere in the

world;

(ii) an authority anywhere in the world performing

governmental functions including police functions;

(iii) an international organisation or international

conference;

(b) a fair and accurate copy of, extract from or summary

of, a document made available by a court anywhere in the world,

or by a judge or officer of such a court;

(c) a fair and accurate report of proceedings at a press

conference held anywhere in the world for the discussion of a

matter of public interest;

(d) a fair and accurate copy of, extract from or summary

of any document circulated to members of a company listed on a

stock exchange -

(i) by or with the authority of the board of

directors of the company,

(ii)

by the auditors of the company, or

(iii) by any member of the company in pursuance of

a right conferred by any law.

(e) a fair and accurate copy of, extract from or summary

of any document circulated to members of a company listed on a

stock exchange which relates to the appointment, resignation,

retirement or dismissal of directors of the company or its

auditors;

(f)

a fair and accurate -

(i)

report of proceedings of a scientific or

academic conference held anywhere in the world, or

(ii) copy of, extract from or summary of matter

published by such a conference.

(3)

In sub-article (2) -

"court" includes -

(a) any tribunal or body established under the law

of any country or territory exercising the judicial power of

the State;

(b) any international tribunal established by the

Security Council of the United Nations or by an

international agreement;

(c) any international tribunal deciding matters in

dispute between States;

"international conference" means a conference attended by

representatives of two or more governments;

"international organisation" means an organisation of

which two or more governments are members, and includes any

committee or other subordinate body of such an organisation.

(1) In proceedings for defamation under this Act it shall be Qualified

a defence for the defendant in an action for libel to prove that the privilege

of public

information published or broadcast on written media consisted of an statement.

accurate report of a statement made by a public figure who knew or

could reasonably have known or expected that the content of that

statement was to be published in written media and that the publication

of the said statement was reasonably justifiable in a democratic

society.

(2) Proceedings for libel under this Act may also be instituted

against any public figure who shall have made a statement in

circumstances where he was aware or could have reasonably been

aware or have expected that the content of his statement was going to

be published in written media and in fact such content is in whole or in

part so published. The person or persons mentioned in this article shall

be deemed to have acted knowingly, in default of evidence to the

contrary.

In proceedings instituted under this Act, the Court may order Libel damages.

the defendant to pay a sum not exceeding eleven thousand, six hundred

and forty euro (€11,640) by way of moral damages in addition to

actual damages under any law for the time being in force

Provided that in actions for slander the maximum amount to

be awarded by way of moral damages shall be five thousand euro

(€5,000).

(1) In an action for defamation the Court shall appoint the

case for a preliminary hearing within a period of twenty days from the

time allowed for the filing of the sworn reply.

(2) The Court shall, at the preliminary hearing, after hearing the

parties, decide whether the action may be determined by mediation or

agreement between the parties or through an apology, in all cases with

or without the payment of costs and or an amount of damages not

exceeding one thousand euro (€1,000). When the court decides that

there is a likelihood that the action is capable of being resolved by

agreement or mediation between the parties it shall refer the parties to

mediation to be concluded within a specified period after which the

action shall proceed if no agreement is reached between the parties.

(3) Where the Court decides that the action may not be

determined as provided in sub-article (2) it shall proceed with the

hearing of the cause.

(1) In assessing the sum being awarded under this Act in an

action for defamation, the Court shall take into account

(a) the gravity and extent of the defamation or the extent

to which the defamation is likely to injure the reputation of the

plaintiff;

(b) whether the defendant exercised due diligence before

publishing the defamatory matter;

(c) whether the defendant made or offered to make an

apology to the plaintiff or to publish a clarification to the

satisfaction of the plaintiff before the action or as soon

afterwards as the defendant had an opportunity of doing so in

case of commencement of the action before there was an

opportunity of making or offering such apology or clarification.

(2) Should the defendant have, prior to the commencement of the

proceedings, apologised and published an unreserved correction with

the same importance as the original publication or published a reply

submitted by the plaintiff with the same importance as the original

publication, then the Court shall not award in moral damages an

amount in excess of five thousand euro (€5,000).

(3) It shall be lawful to take action in respect of each and every

imputation in the same case and the persons concerned in the libel may

be sued either jointly or severally

Provided that the amount of moral damages recoverable in

regard to the same case shall not exceed eleven thousand, six hundred

and forty euro (€11,640).

(4) In assessing the sum to be awarded in an action for

defamation the Court shall also in such manner as it may consider

appropriate in the interests of proportionality, take into account the

economic capacity of the defendant and the impact which the payment

of the sum to be awarded is likely to have on the newspaper,

broadcaster, website, journalist or other media actor.

(1) This article applies where an action for defamation is Editors of

brought against the editor of a website in respect of a statement posted websites.

on the website.

(2) It is a defence in mitigation of damages for the editor to show

that it was not the operator or person who posted the statement on the

website.

(3)

The defence is defeated if the plaintiff shows that -

(a) it was not possible for the plaintiff to identify the

person who posted the statement, and

(b) the plaintiff gave the editor a notice of complaint in

relation to the statement, and

(c) the editor failed to respond to the notice of complaint

or did not act in accordance with any provision contained in

regulations about such notices.

(4) For the purposes of paragraph (a) of sub-article (3), it is

possible for a claimant to "identify" a person only if the claimant has

sufficient information to bring proceedings against the person.

(5) The Minister may by regulations which shall be made after a

consultation process, and which shall take into account the need to

guarantee a fair balance between the protection reputation of persons

and freedom of expression exercised as is necessary in a democratic

society, and which shall be approved by resolution of the House of

Representatives before they come into force

(a) make provision as to the action required to be taken

by an editor of a website in response to a notice of complaint

which may in particular include action relating to the identity or

contact details of the person who posted the statement and action

relating to its removal;

(b) make provision specifying a time limit for the taking

of any such action;

(c)

make any other provision for the purposes of this

article.

(6) Subject to any provision made by virtue of sub-article (5), a

notice of complaint is a notice which -

(a)

specifies the complainant’s name,

(b) sets out the statement concerned and explains why it

is defamatory of the complainant,

(c) specifies where on the website the statement was

posted, and

(d) contains such other information as may be specified

in regulations.

(7) The defence under this article is defeated if the plaintiff shows

that the editor of the website has acted with malice in relation to the

posting of the statement concerned.

(8) The defence under this article is not defeated by reason only

of the fact that the editor of the website moderates the statements

posted on it by others.

(1)

This article applies if a person -

(a) publishes a statement to the public ("the first

publication"), and

(b) subsequently publishes (whether or not to the public)

that statement or a statement which is substantially the same.

(2) In sub-article (1) "publication to the public" includes

publication to a section of the public.

(3) For the purposes of the time limit for actions for defamation

any cause of action against the person for defamation in respect of the

subsequent publication is to be treated as having accrued on the date of

the first publication.

(4)

This article does not apply in relation to the subsequent

publication if the manner of that publication is materially different

from the manner of the first publication.

(5) In determining whether the manner of a subsequent

publication is materially different from the manner of the first

publication, the matters to which the Court may have regard include,

amongst other matters -

(a)

the level of prominence that a statement is given;

(b) the extent and likely circulation of the subsequent

publication;

(c)

the method of publication.

(6) Saving the provisions of sub-article (3), where a person

publishes multiple statements to the public which are substantially

similar to the first publication in terms of sub-article (5) and an action

for defamation has not yet been instituted, the person aggrieved shall

not be permitted to institute multiple actions against the same person

but shall, in the action so instituted, make reference to the various

publications and the Court may, in addition to the assessment

conducted in terms of article 11, take such multiple publications into

account when awarding damages in terms of article 9

Provided that, where an action has already been instituted

against a person in terms of this Act the claimant shall not be permitted

to institute new actions for such subsequent statements but may, by

application to the Court, bring such subsequent statements to the

attention of the Court and the Court may, in addition to the assessment

conducted in terms of article 11, take such subsequent statements into

account when awarding damages in terms of article 9.

Where the Court gives a decision for the plaintiff in an action Order to remove

statement or

for defamation it may order -

cease

distribution, etc.

(a) the operator or editor of a website on which the

defamatory statement is posted to remove the statement from

that website, or

(b) any person who was not the author, editor or

publisher of the defamatory statement to stop distributing,

selling or exhibiting material containing the statement.

(1) Any person whose actions or intentions have been Right of reply.

misrepresented or who has been the victim of defamation or who has

had his private life intruded into through a publication is entitled to

demand to have published forthwith, free of charge, in the same

medium, a statement by way of contradiction or explanation

Provided that this article does not apply if the

misrepresentation occurs in a broadcast of a political nature which is

part of a scheme approved by the Broadcasting Authority where the

misrepresentation may be contradicted or explained by another

broadcast which is part of the same scheme.Where the

misrepresentation occurs in a broadcast which is the last broadcast in

any aformentioned scheme, the Broadcasting Authority shall decide on

the manner in which the right of reply shall be exercised

Provided also 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 publisher or any of the

languages used by the broadcasting medium or website where it is

requested that it should be published

Provided further that the right of reply shall be restricted to

the correction or contradiction and, or explanation of facts and shall

not extend to the submission of a different opinion.

(2) (a) In the case of a newspaper, a reply in accordance with

this article 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 appropriate 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 article. 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.

(b) In the case of a broadcast, a statement in terms of sub-

article (1) 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 a time so 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.

(c)

Without prejudice to the provisions of article 11, where

the claimant still files defamation proceedings despite the fact that his

reply has been published in terms of this Act, then the Court shall, in

its judgement, consider this fact and reduce any award as appropriate.

(d) In the case of media consisting of a website, a statement

in terms of sub-article (1) shall be uploaded on the website not later

than the second day following which the request is received. The reply

must be given the same prominence as that which was given to the

statement being replied to.

(e) Where the editor or operator of a website receives more

than one reply about the same subject the editor or operator may

summarise the replies.

(f) An editor or person responsible for the broadcasting

medium or an operator of a website responsible for the uploading of a

reply on a website who fails to comply with the provisions of this

article may, on the application of the complainant to the Court of

Magistrates in its civil jurisdiction, be ordered to publish such reply.

The Court may, after hearing the parties, also order the editor, person

responsible for the broadcasting medium or an operator of a website,

as the case may be, to pay a penalty to the complainant not exceeding

two thousand euro (€2,000).

(g) The provisions of this article shall not apply to

privileged publications as defined in this Act.

(h) The right of reply under this article shall lapse if the

person demanding such right shall not have claimed it within one

month from publication.

(1) Whosoever shall publish any statement which he knows Trade libel.

or with due diligence could have known to be false and which is likely

to damage any business concern or any other property shall be liable to

pay to the injured party, in addition to the damages which may be due

under any law for the time being in force in respect of any actual loss

or injury, an amount not exceeding eleven thousand, six hundred and

forty euro (€11,640) to be fixed by the Court.

(2) A company, a foundation, a co-operative and any other moral

person may sue and be sued for defamation.

(1) An action shall lie for defamation of a deceased person Defamation of

provided that the deceased person was the father or mother or sibling or deceased

persons.

child of the plaintiff or the plaintiff is the heir of the deceased person and

the plaintiff can demonstrate that his own reputation was in fact harmed

by the statement.

(2) The provisions of this article are without prejudice to the right

of any person to seek damages in an action for defamation on account

of statements which, although published about a deceased person, are

in fact defamatory in respect of the plaintiff so however that the same

statement may not give rise to the payment of damages to the plaintiff

more than once.

An action under the provisions of this Act shall, unless it is

subject to a shorter period of prescription under this Act, be barred by

prescription after the lapse of one year from date of publication.

(1) Any person who is resident in Malta and who has legal

capacity may be an editor.

(2) Whosoever is an editor or a publisher of a newspaper, may, if

he so elects, produce to the Media Registrar a declaration containing -

(a)

in the case of the editor -

(i) his name and surname, a legally valid

identification document number, age and place of work or

residence; and

(ii) in the case of a newspaper, the title and nature

of the newspaper, and the intervals at which it is proposed

to be published; and

(b)

in the case of a publisher -

(i) if the publisher is an individual, his name,

surname, age, place of work or residence and a legally

valid identification document number;

(ii) if the publisher is a company or other

association of persons or legal person, its name, address,

the particulars mentioned in sub-paragraph (i) in respect of

its judicial representative, and, where applicable, its

company, partnership or other registration number;

(iii) the title and nature of the newspaper and the

intervals at which it is proposed to be published; and

(iv) the name and address of the press where the

printing is to take place,

and, if they chose to register as provided in this article, both the

editor and the publisher shall keep the Media Registrar at all times

informed of their place of residence or work and shall communicate

to the Media Registrar any change in his place of residence or work

within ten days of such change.

(1) There shall be a Media Registrar who shall keep a Media Registrar.

Media Register and enter therein the particulars referred to in article

19 and any changes thereto, and shall make such other entries therein

and such alterations thereto as may be appropriate or as may be

prescribed by regulations made by the Prime Minister under this Act.

(2) Any person may inspect the Media Register at all reasonable

times during normal office hours and may also, against payment of the

appropriate fee, require a certified copy of any entry in or any extract

from the register kept under this article.

(3) The Media Registrar shall cancel the registration of an editor

or a publisher of a newspaper or of a broadcasting service -

(a) if he is so requested in writing by the editor or

publisher; or

(b) if, in the case of a newspaper published at intervals

not exceeding one month, such newspaper is not published for a

period exceeding three months, and, in the case of any other

newspaper, it is not published for a period exceeding one year; or

(c) if, in the case of a broadcasting service, such service

ceases to be licensed

Provided that the provisions of this article shall not apply to

any periodical publication published by, or by order or leave of or for

the use of, the President of Malta, the Government of Malta or any of

its Ministries or Departments or by the House of Representatives.

(4)

The Prime Minister may by regulations provide

(a) that the functions of Media Registrar shall be

fulfilled by such person or organization as may in his opinion

duly represent journalists and publishers; and

(b) that in addition to the functions conferred upon the

Media Registrar by this Act the said Registrar may also perform

other functions in the field of training, analysis of developments

in the media and the fostering of alternative and accessible

means of dispute resolution relating to the media

Provided that any regulations made under this sub-

article shall be made after a consultation process and shall be

approved by a resolution of the House of Representatives before

they come into force.

Every holder of a broadcasting licence in Malta shall, for the

purposes of this Act, be considered as editor and be considered as

editorially responsible for the broadcasting service and may be

required to so register as editor in the Media Register unless such

person appoints another person to be editor in his stead.

No court or tribunal established by law shall require an editor,

author, publisher or operator of a website to disclose the source of

information contained in a newspaper or broadcast or website for

which he is responsible unless it is established to the satisfaction of the

court or tribunal that such disclosure is necessary in a democratic

society in the interests of national security, territorial integrity, public

safety, or for the prevention of disorder or crime or for the protection

of the interests of justice.

No person whose sources are privileged in terms of article 22

shall be guilty of contempt of court for refusing to disclose the source

of information contained in a newspaper or broadcast or website for

which he is responsible unless the court or tribunal has concluded that

such disclosure is necessary in a democratic society in the interests of

national security, territorial integrity, public safety, or for the

prevention of disorder or crime or for the protection of the interests of

justice and such person persists in refusing to disclose the source of the

information.

In any proceedings before a court or tribunal, a certificate

issued and signed by the Media Registrar showing who is or at any

time was, the editor or the publisher of a newspaper, or a broadcasting

service shall constitute proof of its content unless the contrary is

proved.

The Criminal Code shall be amended as follows

(a) in sub-article (1) of article 48A thereof the words

", not being a crime in Malta under the Press Act," shall be

deleted;

(b)

immediately after article 55 thereof, there shall be

added the following new article

" Incitement to

Whosoever by any means shall incite

take away the

others to take away the life or liberty of the

life and liberty

of the President

President of Malta or of any Minister shall, for

of Malta or of

any Minister.

the mere incitement, be liable on conviction to

imprisonment for a term not exceeding nine

years or to a fine (multa) not exceeding five

thousand euro (€5,000) or to both such fine and

imprisonment.";

(c)

(i)

article 72 shall be deleted;

(ii) in article 73 thereof the words "to excite hatred

or contempt towards the person of the President of Malta or

towards the Government of Malta, or" shall be deleted and

the words "otherwise than by lawful means" shall be

substituted with the words "by violent means". The

marginal note thereto shall be substituted with the words

"Unlawful assembly with seditious violent intent.";

(iii) in article 74 thereof the words "to excite hatred

or contempt towards the person of the President of Malta or

towards the Government of Malta or" shall be deleted and

the words "otherwise than by lawful means" shall be

substituted with the words "by violent means";

(iv) article 75 thereof shall be deleted;

(d) in article 82 thereof, for the words "one to three

months." there shall be substituted the words "one to three

months:", and immediately thereafter there shall be added the

following proviso

"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) not exceeding one thousand euro (€1,000) or

both such fine and imprisonment.";

(e) articles 252, 253, 254, 255 and 256 thereof shall be

deleted and the title of Sub-Title X of Title VIII of Part II of

Book First thereof shall be substituted with the words "OF

DISCLOSURE OF INFORMATION RECEIVED IN

CONFIDENCE";

(f) in paragraph (a) of article 355 thereof the words

", not being a crime punishable under the Press Act" shall be

deleted;

(g) in paragraphs (a), (b) and (c) of sub-article (1) of

article 355E thereof the words "other than a crime punishable

under the Press Act" shall be deleted;

(h)

sub-article (5) of article 355X thereof shall be

deleted;

(i) in sub-article (1) of article 355Y thereof the words

"excepting always the crimes punishable under the Press

Act," shall be deleted;

(j)

the proviso to article 589 thereof shall be deleted.

26. Immediately after sub-article (5) of article 837 of the Code of

Organization and Civil Procedure, there shall be added the following

new sub-article

"(6) It shall not be lawful to issue any precautionary

warrant of seizure, warrant of seizure of a commercial going

concern or garnishee order in security of any right or claim

against any person for damages for libel or other defamation

under any law.".

27. Article 6 of the Judicial Proceedings (Regulation of

Reports) Act shall be deleted.

28. In paragraph 8.15.2 of the Requirements as to Standards and

Practice applicable to News Bulletins and Current Affairs Programmes

the words "Such requirements are without prejudice to article 21 of the

Press Act." shall be substituted by the words "Such requirements are

without prejudice to article 15 of the Media and Defamation Act,

2018.".

29. In the Requirements as to Standards and Practice on the Consequential

amendment to

Promotion of Racial Equality, the words

the

Requirements

as to Standards

"Article 6 of the Press Act reads as follows

and Practice on

the Promotion

of Racial

"6. Whosover, by any means mentioned in article 3, shall

Equality.

threaten, insult, or expose to hatred, persecution or contempt, a

person or group of persons because of their race, creed, colour,

nationality, sex disability as defined in article 2 of the Equal

Opportunities (Persons with Disability) Act, or national or ethnic

origin shall be liable on conviction to imprisonment for a term

not exceeding three months and to a fine (multa).".",

shall be deleted.

30. In form 7a in the Schedule to the Digital Radio Broadcasting Consequential

Regulations the words "Who will be registered under the Press Act amendment

the Digital

as the person responsible for editorial content of the radio service?" Radio

Broadcasting

shall be substituted by "Will any person be registered as editor or Regulations.

publisher under the Media and Defamation Act, 2018 and if so who will S.L. 350.29.

that person be?".

31. In form 6a in the Schedule of the Broadcast Distribution Consequential

Services Regulations the words "Who will be registered under the amendment

the Broadcast

Press Act as the person responsible for editorial content of the Distribution

Services

broadcast distribution service?" shall be substituted by the words Regulations.

"Will any person be registered as editor or publisher under the Media S.L. 350.33.

and Defamation Act, 2018 and if so who will that person be?".

32. In the Electronic Communications (Regulation) Act Consequential

immediately after article 49 thereof there shall be added the following amendment

the Electronic

new proviso

Communications

(Regulation)

Act.

"Provided that mere defamatory words or statements Cap. 399.

uttered or published on an electronic communications network or

apparatus and which may give rise to an action for defamation or

slander in terms of the Media and Defamation Act, shall not

constitute an offence under this Act.".

33. (1) The Press Act, hereinafter referred to as "the repealed Repeal and

Act", is hereby repealed subject to the provisions of this article and transitory

provisions.

without prejudice to anything done or which may still be done Cap. 248.

thereunder.

(2) Notwithstanding the other provisions of this Act, the repealed

Act, as in force prior to being repealed by virtue of this Act, shall

continue to apply in respect of all causes pending before the courts at

the time of its repeal

Provided that by not later than the second court hearing after

the coming into force of this Act of any cause involving a civil claim

for defamation which at the time of the coming into force of this Act is

pending and not adjourned for final submissions or for judgement

before the Court of Magistrates in its civil jurisdiction, the said Court

shall mutatis mutandis apply the provisions of article 10(2).

(3) The amounts of civil damages applicable under the repealed

Act prior to its repeal by this Act shall, notwithstanding the provisions

of this Act, continue to apply in respect of defamation causes filed

under the repealed Act prior to the coming into force of this Act.

(4) Any criminal proceedings instituted under the repealed Act

prior to the coming into force of this Act and which, on the coming

into force of this Act, are pending before any court shall be

discontinued.

(5) Any reference in any other law to "Press Act", after the coming

into force of this Act, shall, mutatis mutandis, be read and construed as a

reference to the "Media and Defamation Act, 2018".

Passed by the House of Representatives at Sitting No. 101 of the

17th April, 2018.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€2.16