ACT No. XXIX of 2023 AN ACT to further enhance freedom of artistic expression.

I assent.

(L.S.)

GEORGE VELLA

President

21st July, 2023

ACT No. XXIX of 2023

AN ACT to further enhance freedom of artistic expression.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows

The short title of this Act is the Artistic Expression

(Enhancement) Act, 2023.

PART I

Amendment to the Criminal Code

The provisions of this Part amend the Criminal Code and Amendment to

shall be read and construed as one with the Criminal Code, hereinafter the

Code.

in this Part referred to as "the Code".

Immediately after sub-article (2) of article 339 of the Code Amendment of

article 339 of

there shall be added the following new sub-article

the Code.

"(3) Paragraph (1)(e) insofar as it refers to the uttering of

insults or threats shall be interpreted to allow for the freedom of

artistic expression and in particular the said paragraph shall not

hinder artistic, satirical, comic or cultural expression, of any kind,

which does not lead to credible and realistic threats to the personal

liberty or security of the complainant or to his property.".

PART II

Amendment to the Electronic Communications (Regulation) Act

The provisions of this Part amend the Electronic

Communications (Regulation) Act and shall be read and construed as

one with the Electronic Communications (Regulation) Act, hereinafter

in this Part referred to as "the principal Act".

The proviso to article 49 of the principal Act shall be

substituted by the following new proviso

"Provided that, without prejudice to the application of any

other law, words or expressions uttered or published on an

electronic communications network or apparatus shall not

constitute an offence against this Act if they are uttered or

published as part of artistic, satirical, comic or cultural expression,

of any kind, and do not lead to credible and realistic threats to the

personal liberty or security of any person or to a person’s

property.".

Passed by the House of Representatives at Sitting No. 148 of the

12th July, 2023.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36