What is Pornography? Can you keep a zejza at home? And other salient questions
In the wake of Cyrus Engerer being, erm, investigated, for, erm, 'holding' pornography, or woqeva, here it is: the information you've been waiting for.
And no...there are no pictures! We don't want to be arrested ourselves. This is what the law says. Now can somebody please define 'pornography'?
208.(1) Whosoever, for gain, or for distribution, or for display
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
(multa) of not less than one thousand euro (1,000) and not more
CRIMINAL CODE[CAP. 9. 83
than three thousand euro (3,000), or to both such imprisonment and
(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
(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.
May 11, 2013
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