          SEDITIOUS PROPAGANDA (PROHIBITION)   g CAP.  71.   1
CHAPTER 71
SEDITIOUS PROPAGANDA (PROHIBITION) 
ORDINANCE
 To prohibit the importation, publication, possession and distribution of
seditious matter.
(15th September, 1932) *
Enacted by 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; and Acts: X of 1977,
XLIX of 1981, XIII of 1983 and VIII of 1990.
Short title.
(Prohibition) Ordinance.
Interpretation. 
Substituted by: 
I.1973.2;
Amended by: 
LVIII.1974.68; 
L.N. 148 of 1975; 
XI.1977.2.
 2. 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 section 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.
  2       CAP. 71. h           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.
Interception of 
suspected postal 
articles. 
Amended by: 
XXII.1936.2; 
L.N. 46 of 1965; 
LVIII.1974.68. 
3. 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.
Search for and 
detention of 
seditious matter 
imported into 
Malta. 
Amended by:
L.N. 46 of 1965; 
LVIII. 1974.68. 
4. 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.
Authority to enter 
any place to search 
for seditious 
matter. 
Amended by: 
L.N. 46 of 1965; 
LVIII. 1974.68.
5. 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
writing empower any Police officer not below the rank of
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. 
Prohibition to 
print, publish, 
import, keep or 
distribute seditious 
matter. 
6. 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 against this
Ordinance.
Innocent receiver 
of seditious matter. 
7. (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
section shall not be guilty of the offence of having in his possession
any such seditious matter.
Importation of 
newspapers, etc., 
may be prohibited. 
Added by: 
XXXIII.1935.2. 
Amended by: 
L.N. 46 of 1965; 
LVIII.1974.68.
8. (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)   g CAP.  71.   3
(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.
Packages 
containing such 
newspapers, etc., 
may be detained. 
Added by: 
XXXIII.1935.2. 
Amended by: 
XVI. 1960.3; 
L.N. 46 of 1965; 
LVIII. 1974.68;
9. 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.
Penalties. 
Amended by: 
L.N. 46 of 1965; 
LVIII.1974.68; 
L.N. 148 of 1975; 
XLIX. 1981.4; 
XIII. 1983.5; 
VIII. 1990.3.
10. (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 five hundred liri 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 twenty liri 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.
