SEDITIOUS PROPAGANDA (PROHIBITION) ORDINANCE

SEDITIOUS PROPAGANDA (PROHIBITION)

CHAPTER 71

SEDITIOUS PROPAGANDA (PROHIBITION)

ORDINANCE

To prohibit the importation, publication, possession and distribution of

seditious matter.

(15th September, 1932) *

ORDINANCE XIX of 1932, as amended by Ordinance XXXIII of 1935,

XXII of 1936, XVI of 1960; Legal Notice 46 of 1965; Acts: I of 1973, LVIII

of 1974; Legal Notice 148 of 1975; Acts: X of 1977, XLIX of 1981, XIII of

1983 and VIII of 1990; and Legal Notice 408 of 2007.

1 .

The short title of this Ordinance is the Seditious

Propaganda (Prohibition) Ordinance.

It-titolu fil-qosor ta’ din l-Ordinanza huwa l-Ordinanza

dwar il-Projbizzjoni ta’ Propaganda Sedizzjuża.

In this Ordinance, unless the context otherwise requires -

"Constitution" means the Constitution of Malta;

"force" means any naval, military or airforce of the Government

or the Malta Police Force;

"Government" means the Government of Malta;

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

of the Constitution;

"seditious matter" means any printed or written matter, sign or

visible representation contained in any newspaper, poster, book,

letter, parcel or other document and any gramophone record or

recorded tape which is likely or may have a tendency directly or

indirectly, whether by inference, suggestion, allusion, metaphor,

implication or otherwise -

(a) to seduce any member of the forces from his allegiance

or his duty or to cause disaffection in these forces

towards the State of Malta;

(b) to bring into hatred or contempt or to excite

disaffection against the person of the President of

Malta or against the Government or the Constitution;

(c) to incite persons in Malta to take up arms against the

Government or to attempt otherwise than by lawful

means to compel the Government to change its

measures or counsels or to obstruct the exercise of its

lawful authority;

(d) to raise discontent or disaffection among the

inhabitants of Malta; or

(e) to promote feelings of ill will and hostility between

different classes or races of such inhabitants

Provided that no such matter, representation, record or tape

shall be deemed seditious matter by reason only that it is likely, or

*See Proclamation No. XXXI of the 15th September, 1932.

SEDITIOUS PROPAGANDA (PROHIBITION)

may have a tendency, to show that the President of Malta or the

Government has been misled or mistaken in the measures, or

administrative or other action taken by any of them, or to point out

errors or defects in, or to incite persons to attempt by lawful means

the alteration of any matter by law established;

"postal article" means any letter, postcard, package, newspaper,

printed matter, parcel and any article or thing conveyable by post

and shall include a cablegram, radiogram or telex communications.

It shall be lawful for the President of Malta by express

warrant in writing under his hand, to direct that any postal article

suspected of containing any seditious matter shall be intercepted or

detained or shall be delivered to any person or persons mentioned

in such warrant to be disposed of or dealt with in such manner as

the President of Malta may direct. In the case of a postal article, not

being a cablegram or radiogram, the said warrant shall be addressed

to the Postmaster General.

Any person authorized by the President of Malta by

express warrant in writing under his hand may search, open and

detain any package, parcel, letter or any other thing imported or

brought into Malta whether by land, sea or air which he suspects to

contain seditious matter, and may detain, during such search, any

person bringing such package, parcel, letter or any other thing into

Malta.

Where it appears to the President of Malta that there is

reasonable cause to suspect that any seditious matter exists in any

building, vessel or place, the President of Malta may by warrant in

w r i t i n g e m p o w e r a n y P o l i c e o ff i c e r n o t b e l o w t h e r a n k o f

Superintendent of Police, to enter and if necessary to break into or

forcibly enter such building, vessel or place, and to search for and

take possession of any seditious matter which may be found there.

Any person who prints, publishes, imports, whether by

land, sea, or air, sells or offers for sale, distributes, exhibits or

exposes, or without lawful excuse has in his possession any

seditious matter, shall be guilty of an offence a gainst this

Ordinance.

(1) Any person to whom any seditious matter has been

delivered without his knowledge or privity shall forthwith deliver

to the Commissioner of Police such seditious matter and in default

thereof he shall be guilty of an offence against this Ordinance.

(2) Any person who has complied with the provisions of this

article shall not be guilty of the offence of having in his possession

any such seditious matter.

(1) The President of Malta may, by Proclamation, prohibit

the importation into Malta of any newspaper, book or document,

which, in his opinion, contains any seditious matter, and, in the

case of any newspaper which is published periodically, may, by the

same or any subsequent Proclamation, prohibit the importation of

any past or future issue thereof.

SEDITIOUS PROPAGANDA (PROHIBITION)

(2)

Any person who -

(a) imports, sells, offers for sale, circulates or reproduces

any newspaper, book or document, or any part or

extract therefrom which has been declared by the

President of Malta to be prohibited to be imported into

Malta; or

(b) being found in possession of any such newspaper,

book or document does not prove to the satisfaction of

the court that it came into his possession without his

knowledge or privity,

shall be guilty of an offence against this Ordinance.

The Postmaster General, the Comptroller of Customs, the

Commissioner of Police and any other officer authorized in that

behalf by the President of Malta may detain, open and examine any

package which he suspects to contain any newspaper, book or

document which has been declared by the President of Malta to be

prohibited to be imported into Malta.

(1) Any person who is guilty of an offence against this

Ordinance shall be liable either -

(a) on conviction before the Criminal Court to

imprisonment for a term not exceeding four years 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; or

(b) on conviction before a Court of Magistrates to

imprisonment for a term not exceeding ten months or

to a fine (multa) not exceeding forty-six euro and fifty-

nine cents (46.59) or to both such imprisonment and

fine.

(2) A person who is charged with committing an offence

against this Ordinance shall not be liable to be tried by the Criminal

Court unless the President of Malta certifies that it is desirable that

he should be so tried.