ACT No. XXVII of 2025 AN ACT to further amend the Criminal Code, Cap. 9.

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

5th August, 2025

ACT No. XXVII of 2025

AN ACT to further amend the Criminal Code, Cap. 9.

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 Code (Amendment Short title.

No. 4) Act, 2025 and this Act shall be read and construed as one with

the Criminal Code, hereinafter referred to as "the Code".

Immediately after article 251BA of the Code there shall be Addition of new

added the following new articles

251BB. (1) Any person who with intention to cause

"Cyber-

stalking.

physical or mental harm to another person, including self

harm or to arouse apprehension or fear in the other

person for his or her own safety or that of any other

person, does any of the following acts shall be guilty of

an offence against this article

(a) stalks another person by contacting

another person through the use of a computer or

other electronic communication device or by any

other digital or communication device whatsoever;

(b) causes an unauthorised computer

function in a computer owned or used by another

person;

(c) traces the other person’s use of the

internet or other electronic communication.

(2) For the purpose of this article, a person whose

course of conduct is in question ought to know that it

will cause physical or mental harm to another person,

including self harm or that it will arouse apprehension or

fear in the other person for his own safety or that of any

other person, if a reasonable person in possession of the

said information would think that the course of conduct

would cause any one of the said consequences on the

other person on that occasion.

(3) A person found guilty of an offence under this

article shall be liable to imprisonment for a term for one

(1) year to five (5) years, or to a fine (multa) not

exceeding thirty thousand euro (€30,000), or to both

such fine and imprisonment.

(4) The provision of sub-article (1) shall not apply

to conduct engaged in by a person performing official

duties for the purpose of

(a) the enforcement of criminal law;

(b) the administration of any Act;

(c) the enforcement of a law imposing a

pecuniary penalty;

(d) the execution of any warrant issued by a

competent authority; or

(e) the protection and collection of public

revenue.

(5) It shall constitute a defence to the charge, for the

accused to prove that the course of conduct was engaged

without malicious intent

(a) in the normal course of a lawful

business, trade, profession or enterprise; or

(b) for the purpose of engaging in

discussion or communication with respect to public

affairs.

(6) The punishment shall be increased by one

degree where any one or more of the following

circumstances results

(a) where the harm is caused to a person

under age or a person who is vulnerable as a result

of his mental capacity; or

(b) where the offence is committed by two

(2) or more persons acting together.

251BC. (1) Any person who, with intention to cause

Cyberbullying.

physical or mental harm to another person, including self

harm or to cause apprehension or fear in the other person

for his safety or that of any other person, does any of the

following acts shall be guilty of an offence against this

article

(a) threatens, intimidates or uses abusive or

offensive words directed to the other person by

means of the use of a computer or other electronic

communication device or by any other digital or

communication device whatsoever;

(b) performs abusive or offensive acts to

the person or directs abusive or offensive acts

towards the other person by means of the use of a

computer or other electronic communication device

or by any other digital or communication device

whatsoever.

(2) For the purpose of this article, a person whose

course of conduct is in question ought to know that it

will cause physical or mental harm to another person,

including self harm or it will cause apprehension or fear

in the other person for his own safety or that of any other

person, if a reasonable person in possession of the said

information would think that the course of conduct

would cause any one of the said consequences on the

other person on that occasion.

(3) A person found guilty of an offence under this

article shall be liable to imprisonment for a term for one

(1) year to five (5) years, or to a fine (multa) not exceeding

thirty thousand euro (€30,000), or to both such fine and

imprisonment.

(4) The punishment shall be increased by one

degree where any one or more of the following

circumstances results

(a) where the harm is caused to a person

under age or a person who is vulnerable as a result

of his mental capacity; or

(b) where the offence is committed by two

or more persons acting together.".

In sub-article (3) of article 251D of the Code the words Amendment of

"articles 251 to 251BA, both inclusive" shall be substituted by the words article

"articles 251 to 251BC, both inclusive".

Passed by the House of Representatives at Sitting No. 372 of the

30th July, 2025.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.54