Malta/ 5.3 Sector specific legislation  

5.3.2 Performing arts and music

Levies on blank tapes were introduced by the Ministry of Finance in 1994. This was regarded as a positive step by the audio-visual sector, but retailers maintain that more drastic action is needed to counter piracy, especially in music.

VAT can be reclaimed for a one time purchase on a musical instrument.

The Public Theatres Regulations was enacted as far back as the 26 July 1899. These regulations lay down certain procedural norms that need to be observed by theatres in possession of a licence for the building to be declared as such.

Legislation 10.7 regulates the establishment of a Classification Board which classifies films and stage productions. The Cinema and Stage Regulations were enacted on the 28 September 1937. It is relevant to note that Article 42 establishes the set up of the Board of Film and Stage Classification. The remit of the Board is to classify films and stage productions on the basis of guidelines drawn up by the Board based on the following criteria:

• the standards of morality, decency and propriety generally accepted by reasonable adults; and
• the literary, artistic or educational merit, if any, of the production; and
• the general character of the production including whether it is of medical, legal or scientific character; and
• the person or class of persons to whom it is intended or by whom the production is likely to be viewed.

Following numerous incidents on censorship and a Human Rights case on infringement of freedom of expression in 2009, the Minister responsible for Culture announced a thorough review of the classification as part of the 2011 cultural policy (see chapter 4.1 on the main cultural policy issues and priorities).

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