ACT No. XXIX of 2023 AN ACT to further enhance freedom of artistic expression.
Table of Provisions (6)
Statutory Text (6 Articles)
I assent.
(L.S.)
GEORGE VELLA
President
21st July, 2023
ACT No. XXIX of 2023
AN ACT to further enhance freedom of artistic expression.
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 Artistic Expression
(Enhancement) Act, 2023.
PART I
Amendment to the Criminal Code
The provisions of this Part amend the Criminal Code and Amendment to
shall be read and construed as one with the Criminal Code, hereinafter the
Code.
in this Part referred to as "the Code".
Immediately after sub-article (2) of article 339 of the Code Amendment of
article 339 of
there shall be added the following new sub-article
the Code.
"(3) Paragraph (1)(e) insofar as it refers to the uttering of
insults or threats shall be interpreted to allow for the freedom of
artistic expression and in particular the said paragraph shall not
hinder artistic, satirical, comic or cultural expression, of any kind,
which does not lead to credible and realistic threats to the personal
liberty or security of the complainant or to his property.".
PART II
Amendment to the Electronic Communications (Regulation) Act
The provisions of this Part amend the Electronic
Communications (Regulation) Act and shall be read and construed as
one with the Electronic Communications (Regulation) Act, hereinafter
in this Part referred to as "the principal Act".
The proviso to article 49 of the principal Act shall be
substituted by the following new proviso
"Provided that, without prejudice to the application of any
other law, words or expressions uttered or published on an
electronic communications network or apparatus shall not
constitute an offence against this Act if they are uttered or
published as part of artistic, satirical, comic or cultural expression,
of any kind, and do not lead to credible and realistic threats to the
personal liberty or security of any person or to a person’s
property.".
Passed by the House of Representatives at Sitting No. 148 of the
12th July, 2023.
ANĠLU FARRUGIA
Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
€0.36