PRESS ACT (preamble—pressact)

PRESS

*

CHAPTER 248

PRESS ACT

To make provision, in place of the Press Ordinance, in respect of printed matters, and in

respect of broadcasting.

23rd August, 1974

ACT XL of 1974, as amended by Acts LVIII and LIX of 1974; Legal Notice 148 of 1975;

Acts XII and XVII of 1978, XIII of 1983 , VIII of 1990 , XII of 1991 , X of 1996 , XV of

2000 and XVI of 2006 ; Legal Notice 411 of 2007 ; Acts XVI of 2008 and VIII of 2012 ;

and Legal Notice 426 of 2012 .

The short title of this Act is the Press Act.

In this Act, unless the context otherwise requires -

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

including that by satellite, in encoded or unencoded form of words

or of visual images, whether or not such words or images are in fact

received by any person;

"editor" means the person responsible for the publication of any

printed matter and in respect of a newspaper or broadcasting

service includes any person complying with the provisions of

article 35;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"newspaper" means any paper containing news, advertisements,

intelligence, occurrences, or any comments or observations

thereon, printed for sale or to be distributed free or in any other

manner, and published daily or periodically;

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

legal personality or not;

"printed matter" means any writing printed in typographical

characters or by lithography or any similar device or process on

paper or other substance, as well as any bill, placard or poster

containing any sign or script written, printed, painted, embossed or

in any other manner impressed, and includes any record, tape, film

or other means whereby words or visual images may be heard,

perceived or reproduced;

"publication" means any act whereby any printed matter is or

may be communicated to or brought to the knowledge of any

person or whereby any words or visual images are broadcast;

"publisher" means a person who owns an enterprise publishing a

newspaper or who holds a broadcasting licence and includes any

person who owns facilities for the production or reproduction of

any printed matter;

"Registrar" means such person as the Prime Minister may, from

time to time by notice in the Government Gazette, designate as

Press Registrar for the purposes of this Act.

PART II

PRESS OFFENCES

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.

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Whosoever, by any means mentioned in article 3, 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 one thousand and one hundred and

sixty-four euro and sixty-nine cents (1,164.69).

(1) Whosoever, by any means mentioned in article 3, 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 four hundred and sixty-

five euro and eighty-seven cents (465.87).

(2) Whosoever, by any means mentioned in article 3, 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 four hundred and

sixty-five euro and eighty-seven cents (465.87).

Whosoever, by any means mentioned in article 3, shall

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

person or group of persons because of their gender, gender identity,

sexual orientation, race, colour, language, ethnic origin, religion or

belief or political or other opinion, disability as defined in article 2

of the Equal Opportunities (Persons with Disability) Act, shall be

liable on conviction to imprisonment for a term not exceeding three

months and to a fine (multa).

Whosoever, by any means mentioned in article 3, 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.

Whosoever, by any means mentioned in article 3, 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.

(1) Whosoever shall maliciously, by any means mentioned

in article 3, 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 article, malice shall be presumed in

default of evidence showing that, prior to publication, the accused

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took reasonable measures to verify the truthfulness of the news.

Whosoever, by any means mentioned in article 3, 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

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).

(1) In any action for a defamatory libel under article 11,

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 -

(a) is a public officer or servant and the facts attributed to

him refer to the exercise of his functions; 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, an art or a 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 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 article -

(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 any 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

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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 one thousand and one hundred and sixty-

four euro and sixty-nine cents (1,164.69) or to both

such imprisonment and fine.

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.

Whosoever, by any means mentioned in article 3, 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 one

thousand and one hundred and sixty-four euro and sixty-nine cents

(1,164.69).

Save as otherwise provided in this Act, whosoever shall, by

any means mentioned in article 3, 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 four hundred and sixty-

five euro and eighty-seven cents (465.87) or to

detention in the case of any other offence.

Whosoever, by any means mentioned in article 3, 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).

Whosoever, by any means mentioned in article 3, 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 the instigation or incitement by any means

mentioned in article 3 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.

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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, such person shall be liable to punishment as if the

publication had taken place in Malta.

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.

(1) In the case of a conviction under article 11, and if so

requested by the injured party, the court shall in the judgment

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

judgment is given, the judgment 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 judgment 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 judgment 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 one thousand and one hundred and sixty-four euro and

sixty-nine cents (1,164.69).

(3) The action for the recovery of such penalty shall be

exercised by the complainant before the court making the order.

(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 article 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

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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 subarticle (1)

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 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.

(3) In the case of a broadcast, a statement in terms of subarticle

(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 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 article shall be liable

on conviction to a fine (multa) of a minimum of four hundred and

sixty-five euro and eighty-seven cents (465.87) and in the case of

such conviction the court shall 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 article. In default of

compliance with any such order the party convicted shall be liable t

o pay the complainant a penalty not exceeding one thousand and

one hundred and sixty-four euro and sixty-nine cents (1,164.69)

which shall be enforceable by the same court.

(5) The publication of any statement as required by this article

or any punishment thereunder shall not be a bar to the exercise of

any other action under this Act.

(6) This article shall not apply to any publication mentioned in

article 33 in cases where no action lies under that article in respect

of such publication.

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

demanding such right shall not have claimed it within one month

from the date of the publication of the newspaper or of the

broadcast in respect of which the said right may be exercised.

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Where any act committed by any means mentioned in

article 3 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

punishable with a higher punishment than that imposed by this Act,

such Code or other law shall apply.

PART III

ACTIONS ARISING FROM PRESS OFFENCES

Criminal proceedings for any offence under Part II and

civil proceedings under Part III of this Act 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 identified,

(c) the publisher.

It shall be no defence for any of the persons mentioned in

the last preceding article to prove that the writing is a copy, or an

extract, or abridgement, or a translation of another writing which

has been otherwise printed and published.

The criminal and the civil actions mentioned in article 23

may also be instituted against any person who shall have made a

public speech in circumstances where he was aware or could have

reasonably been aware or have expected that the content of his

speech was going to be published in a newspaper or a broadcasting

medium and in fact is in whole or in part so published.

(1) The persons mentioned in article 23 shall be deemed to

have acted knowingly, in default of evidence to the contrary.

(2) The editor and, where applicable, the publisher shall be

deemed to have acted knowingly if, being aware of the contents of

the newspaper, broadcast or other printed matter, as the case may

be, at any time before its publication, they did not prevent such

publication.

The persons mentioned in article 23, who shall not have

a c t e d k n o w i n g l y, s h a l l b e l i a b l e t o t h e p u n i s h m e n t s f o r

contraventions.

Criminal proceedings are independent of civil proceedings.

Both proceedings may be instituted at the same time or separately.

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(1) In the case of defamation, by any means mentioned in

article 3, the object of which is to take away or injure the reputation

of any person, the competent civil court may, 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, grant to the person

libelled a sum not exceeding eleven thousand and six hundred and

forty-six euro and eighty-seven cents (11,646.87).

(2) In any case to which this article applies, the defendant may,

in mitigation of damages, prove that he made or offered to make an

apology to the plaintiff for such defamation before the

commencement of the action for damages or, as soon afterwards as

he had an opportunity of doing so in case the action shall have been

commenced before there was an opportunity of making or offering

such apology

Provided that the defendant shall not be allowed to make such

proof in mitigation of damages if he has raised the plea of

justification in terms of article 12.

Whosoever, by any means mentioned in article 3, shall

publish any statement which he knows or with due diligence could

have known to be false and which is likely to damage any business

concern or other property, shall be liable to pay, 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, a sum not exceeding

eleven thousand and six hundred and forty-six euro and eighty-

seven cents (11,646.87) to be fixed by the competent court.

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

imputation in the same libel, and the persons concerned in the libel

may be sued either jointly or severally

Provided that the amount of damages or penalties recoverable

in regard to the same libel shall not exceed eleven thousand and six

hundred and forty-six euro and eighty-seven cents (11,646.87).

(1) Criminal proceedings for any offence under articles 11

and 21 may not be instituted except on the complaint of the injured

party or of the persons mentioned in article 542 of the Criminal

Code.

(2) All provisions of the Criminal Code relating to proceedings

on private complaint, including in particular the provisions of

article 373 of that Code, shall, so far as applicable, apply to

proceedings on private complaint under this article

Provided that the provisions of paragraph (d) of article 374

of the Criminal Code shall not apply in respect of criminal

proceedings instituted in terms of the foregoing provisions of this

article after the complainant has confirmed his complaint on oath

before the court and the absence of the complainant from the court

at any stage of the proceedings shall not be deemed to constitute

the abandonment of the proceedings or the withdrawal of the

complaint if the said absence is subsequent to the said confirmation

of the complaint on oath by the complainant.

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Criminal action for any offence under Part II of this Act

and limitation of the civil action under articles 28 and 29 shall be

barred by prescription after the lapse of one year.

No action shall lie in respect of the 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 interests of national security,

territorial integrity, public safety, for 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 curtailed 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

Provided that it shall not be lawful to publish -

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

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.

PART IV

NEWSPAPERS

Anyone who is resident in Malta and who has attained the

age of eighteen years may edit a newspaper.

(1) Whosoever is the editor or the publisher of a

newspaper shall, within ten days of his becoming editor or

publisher, as the case may be, produce to the Registrar a declaration

containing -

(a) in the case of the editor -

(i) his name and surname,

a

legally

valid

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identification document number, age and place

of residence; and

(ii) 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 residence and a legally

valid identification document number;

(ii) if the publisher is a company or other

association of persons, its name, address, the

particulars mentioned in sub-paragraph (i) in

respect of its judicial representative, and, where

applicable, its company or partnership

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 both the editor and the publisher of any newspaper shall keep

the Registrar at all times informed of his place of residence and

shall communicate to the Registrar any change in his place of

residence within ten days of such change.

(2) If any person fails to comply with any of the provisions of

subarticle (1) he shall, on conviction, be liable to a fine (multa).

(1) The Registrar shall keep a register of newspapers and

enter therein the particulars referred to in article 35 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 under this Act.

(2) Any person may inspect the 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 Registrar shall cancel the registration of a newspaper -

(a) if he is so requested in writing by the editor thereof; 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, if it is not published for a

period exceeding one year.

Every editor of a newspaper shall deliver, free of charge, to

the Registrar, the Attorney General and the Commissioner of Police

a copy of every issue of such newspaper, not later than the day

following that of its publication, and in default thereof, he shall be

liable to a fine (ammenda) of two euro and thirty-three cents (2.33)

for each copy not so delivered.

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Repealed by Act X.1996.23.

Where any false statement is made in any of the particulars

required under article 35 the offender shall, on conviction, be liable

to imprisonment for a term not exceeding three months.

(1) Criminal prosecution for any offence under this Part

shall be barred by prescription after the lapse of three months.

(2) Nevertheless criminal prosecution for the offence

mentioned in article 39 shall be barred after the lapse of one year.

The provisions of this Part shall not apply to any periodical

publication published by, or by order or leave of or for the use of,

the Government of Malta or any of its Ministries or Departments or

the House of Representatives.

PART V

BROADCASTING SERVICES

Every holder of a broadcasting licence in Malta shall

appoint a person having the qualifications listed in article 34 to be

the editor of, and be editorially responsible for, the broadcasting

service provided in terms of the said licence.

The provisions of articles 35, 36, 38, 39 and 40 shall

mutatis mutandis apply to editors of broadcasting services and to

broadcasting licencees as they apply to editors of newspapers and

to newspapers respectively.

Editors of broadcasting services shall have the same duties

and obligations under this Act as are by the same imposed on

editors of newspapers.

For the purpose of this Part the term "broadcasting licence"

shall have the same meaning as is attributed to it in the

Broadcasting Act.

PART VI

JOURNALISTIC FREEDOMS

No court shall require any person mentioned in article 23

to disclose, nor shall such person be guilty of contempt of court for

refusing to disclose, the source of information contained in a

newspaper or broadcast for which he is responsible unless it is

established to the satisfaction of the court that such disclosure is

necessary in the interests of national security, territorial integrity or

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

protection of the interests of justice

Provided that the court shall not order such disclosure unless it

is also satisfied that in the particular circumstances of the case the

need for investigation by the court outweighs the need of the media

to protect its sources, due regard being taken of the importance of

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the role of the media in a democratic society

Provided further that nothing in this article shall be interpreted

as exempting any person mentioned in article 23 from proving the

truth of any facts attributed by him in terms of article 12.

It shall not be lawful for Government to issue general

instructions t hat prohibit the giving of information to a ny

newspaper or licensed broadcasting service holding a particular

view or to any specified newspaper or licensed broadcasting

service.

PART VII

MISCELLANEOUS

Every decision of the Court of Magistrates in respect of an

offence under this Act may, in all cases, be appealed against by the

Attorney General or by the complainant, as the case may be, and by

the party convicted.

Where any offence under this Act is committed by a body

of persons, every person who, at the time of the commission of the

offence, was a director, manager, secretary or other similar officer

of such body of persons or was purporting to act in such capacity

shall be guilty of that offence and shall be liable on conviction to

the punishment for that offence unless he proves that the offence

was committed without his knowledge and that he exercised all due

diligence to prevent the commission of the offence.

It shall be lawful for the Prime Minister to make, and when

made, to amend or repeal, regulations for carrying out the

provisions of this Act and in particular, but without prejudice to the

generality of the foregoing, to prescribe anything that is to be or

may be prescribed under this Act.

(1) Every newspaper published in Malta shall publish the

name of its publisher and the date on which it was printed.

(2) It shall be lawful for the Registrar to demand and obtain

information from any person concerning the ownership of a

newspaper published in Malta or of a company or other association

of persons that is or at any time was, directly or indirectly, the

owner of such a newspaper or with regard to the transfer of shares

or control of any such company.

(3) Information demanded by the Registrar in terms of

subarticle (2) shall be given within ten days of communication of

the demand to the person from whom the information is required,

and shall be included by the Registrar in the register of newspapers.

(4) Whosoever shall contravene the provisions of this article

shall on conviction be liable to a fine (multa).

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In any proceedings before a court, or before a tribunal or

board established by law, a certificate issued and signed by the

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 provisions of the Press Act in force prior to the coming

into force of the Press (Amendment) Act, 1996 shall continue to

apply in respect of any civil or criminal action, right of action, right

or obligation relating to or arising out of any publication made

prior to the coming into force of that Act

Provided that the provisions of the proviso to article 31(2), of

article 46 and of article 52 as introduced by the Press (Amendment)

Act, 1996 shall come into force with immediate effect.