in a pu b l i c p l a c e o r i n a place accessible to t h e public,

manufactures, prints or otherwise makes, or introduces into Malta,

or acquires, keeps, puts in circulation or exports, any pornographic

or obscene print, painting, photograph, film, book, card or writing,

or any other pornographic or obscene article whatsoever, whether

similar to the above or not, shall, on conviction, be liable to

imprisonment for a term from six to twelve months or to a fine

(

than three thousand euro (3,000), or to both such imprisonment and

fine.

(2) Whosoever trades in any article mentioned in subarticle (1),

even if such trade is clandestine, or distributes any such article or

displays any such article in public or in a place accessible to the

public, shall, on conviction, be liable to the punishment prescribed

in subarticle (1).

(3) For the purposes of this article an article shall be regarded

as pornographic or obscene if it is so described or defined by

regulations made under subarticle (4) or is otherwise to be so

regarded in accordance with any regulation made as aforesaid.

(4) The Minister responsible for justice shall, in consultation

with the committee established under subarticle (5), make

regulations for the purpose of describing or defining or otherwise

establishing what is to be regarded as pornographic or obscene for

the purposes of this article and may by such regulations make

provision regarding the criteria to be followed for that purpose and

may make different provision for different circumstances and

different purposes.

(5) There shall be a committee whose functions shall be to

advise the Minister responsible for justice in making regulations

under this article. The committee shall consist of the said Minister,

who shall be the chairman, and four members of the House of

Representatives appointed by the Prime Minister after he has

consulted the Leader of the Opposition.

(6) Without prejudice to any other right competent to him, any

member of the committee may request that any regulation made

under this article with which he disagrees be discussed in the House

of Representatives; and upon receipt of any such request in writing,

the Minister responsible for justice shall ensure that the matter is

discussed in the House as early as practicable.