MT
ACT No. L of 2021 AN ACT to amend various laws relative to online terrorist content.
Table of Provisions (12)
Statutory Text (12 Articles)
I assent.
(L.S.)
GEORGE VELLA
President
23rd July, 2021
ACT No. L of 2021
AN ACT to amend various laws relative to online terrorist content.
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:-
The short title of this Act is the Criminal Laws (Combating
Terrorism) (Amendment) Act, 2021.
PART I
Amendments to the Criminal Code
This Part amends the Criminal Code and it shall be read and
construed as one with the Criminal Code, hereinafter in this Part
referred to as "the Code".
Sub-article (2) of article 328A of the Code shall be amended
as follows
(a) in paragraph (f) thereof immediately after the word
"biological," there shall be added the word "radiological"; and
(b) in paragraph (g) thereof immediately after the word
"of biological" there shall be added the words ", radiological,
nuclear".
Article 328C of the Code shall be amended as follows
(a) in paragraph (c) of sub-article (2) thereof
immediately after the words "another person" there shall be
added the words "or self-studies"; and
(b) immediately after sub-article (6) thereof there shall
be added the following new sub-articles
"(7) For the purpose of ensuring the removal of
online content hosted outside the territory of Malta,
which online content constitutes a public provocation to
commit terrorist activities as defined in sub-article (2)(a),
the Police may request internet service providers hosting
such online content to remove such online content. The
request communicated to the internet service provider
shall contain reasoned grounds for which such a request
was made.
(8) Any decision taken by the Police in accordance
with sub-article (7) may be challenged in terms of article
469A of the Code of Organization and Civil Procedure.".
In article 328D of the Code the words "the aforegoing Amendment of
articles" shall be deleted.
In sub-article (1) of article 328F of the Code, immediately Amendment of
after the words "for the purposes of terrorist activities" there shall be article
added the words "under article 328A and offences linked to terrorist
acts under article 328C".
PART II
Amendments to the Victims of Crime Act
This Part amends the Victims of Crime Act and it shall be Amendments of
read and construed as one with the Victims of Crime Act, hereinafter the
in this Part referred to as "the principal Act".
In article 2 of the principal Act, in paragraph (a) of the Amendment of
definition "victim", immediately after the words "directly caused by a article
criminal offence" there shall be added the words "including harm from
terrorist activities".
In the proviso to article 10 of the principal Act the words Amendment of
"reference to the victim." shall be substituted by the words "reference article
to the victim:" and immediately after there shall be added the
following new proviso
"Provided further that the severity and circumstances
of the offence shall be taken into consideration when granting
legal aid to the victim.".
Paragraph (c) of article 12 of the principal Act shall be
amended by the following
(a) the words "victim support services" shall be
substituted by the words "for victim support services, as long as
necessary,"; and
(b) in sub-paragraph (vi) thereof immediately before the
words "medical treatment" there shall be added the word
"immediate".
Article 13 of the principal Act shall be amended as follows
(a) in the proviso to sub-article (1) thereof immediately
after the words "access to victim support services" there shall be
added the words "as provided in article 12"; and
(b) in sub-article (3) thereof, immediately after the
words "free of charge" there shall be added the words ", easily
accessible".
Passed by the House of Representatives at Sitting No. 489 of the
14th July 2021.
CLAUDETTE BUTTIGIEG
Deputy Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
€0.36