REQUIREMENTS AS TO ADVERTISEMENTS, METHODS OF ADVERTISING AND DIRECTIONS APPLICABLE TO TATTOO ADVERTISING

REQUIREMENTS AS TO ADVERTISEMENTS, METHODS

OF ADVERTISING AND DIRECTIONS APPLICABLE

TO TATTOO ADVERTISING

SUBSIDIARY LEGISLATION 350.23

REQUIREMENTS AS TO ADVERTISEMENTS,

METHODS OF ADVERTISING AND DIRECTIONS

APPLICABLE TO TATTOO ADVERTISING

22nd March, 2007

GOVERNMENT NOTICE 266 of 2007.

The title of these requirements is the Requirements as to

Advertisements, Methods of Advertising and Directions applicable

to Tattoo Advertising.

Introduction

1.1 These Requirements as to Advertisements, Methods of

Advertising and Directions have been made by the Broadcasting

Authority in virtue of article 19(3) and (5) of the Broadcasting Act,

Chapter 350 of the Laws of Malta.

Requirements

2.1 The Authority refers stations to the provisions of the

Control of Tattooing Act, Chapter 270 of the Laws of Malta. In

terms of article 5(1) of this Act, it is a criminal offence for any

person to request, allow, suffer or permit the tattooing of any part

of his/her body except when the tattoo is performed by a person

who is in possession of a valid licence from the Minister

responsible for public health or any person authorised in his/her

behalf.

2.2 Broadcasters shall air any such advertisements or other

form of programming including information slots concerning

tattoos after 9.00p.m. and not later than 6.00a.m. in view of the fact

that in terms of law tattoos are permitted only on adults. In fact, the

provisions of article 3 of the Control of Tattooing Act are quite

clear in prohibiting the tattooing of a minor, so much so that it is a

criminal offence to tattoo any person who is under eighteen years

of age.

2.3 If an advert for a tattooist or a programme referring to

tattoo performance is made between 9.00p.m. and 6.00a.m., the

station should ensure that the tattooist is licensed to practise as a

tattooist. Broadcasters should furthermore inform viewers and

listeners of the danger to health if a tattoo is carried out by an

unlicensed tattooist and that a tattoo is of a permanent nature and

can only be removed through surgical intervention. This is due to

the fact that a tattoo requires the insertion into the skin of colouring

material designed to leave a permanent mark.

2.4 If such advertisements or programming material are

broadcast, stations should ensure that these are not in conflict with

the bad taste and decency requirements of the Broadcasting Act.

2.5

In order to know whether a person is in possession of a

REQUIREMENTS AS TO ADVERTISEMENTS, METHODS

OF ADVERTISING AND DIRECTIONS APPLICABLE

TO TATTOO ADVERTISING

valid licence to act as a tattooist, broadcasters should get in touch

with the Director of Public Health, 37/39 Rue D’Argens, Msida.

2.6 Broadcasters shall ensure that the Department of Public

Health is provided with a copy of the advertisement or other

programming for legal vetting purposes prior to being aired.