Formal cultural legislation in Malta dates to the mid-1920s, when the British colonial government issued a short set of ordinances, passed by the Antiquities Protection Act of 1925, and other pieces of legislation to establish the National Library, the National Archives and local libraries. Below is an outline of how current regulations evolved.
The Ordinance on Public Libraries (1937) was codified as Chapter 92 of the Laws of Malta and later amended several times between 1955 and 1981. However, it was repealed and replaced by the Malta Libraries Act (Act VII of 2011), which came into force on 1 August 2011. This newer legislation modernised the legal framework for public libraries in Malta, establishing Malta Libraries as the national authority responsible for the management and development of public libraries, including the National Library and regional branches.
Previously, Act IV of 1990 regulated the National Archives. It established the National Archives as a statutory body and laid out its responsibilities, including the preservation, management, and accessibility of Malta’s documentary heritage. While there may have been amendments or updates to its provisions over time, principally in 2006, the core legislation remains the legal foundation for the operation of the National Archives.
The Environment Protection Act (2001) re-enforced efforts to protect and conserve landscapes, including historic centres, through the establishment of an authority to advise the ministry responsible for culture. It was repealed and replaced by the Environment Protection Act (Chapter 549), which came into effect in 2016. This newer legislation established the Environment and Resources Authority (ERA) as the national body responsible for environmental regulation and protection. The 2016 Act significantly expanded the scope of environmental governance in Malta, aligning it with EU directives and modern sustainability principles.
The Malta Council for Culture and the Arts Act (2001) introduced a structure that replaced the Department of Culture, created in 1987, to administer and fund creative events, including an annual arts festival. Subsidiary legislation under the act was in turn updated by the Arts Council Malta Act (2015). The 2015 Act established Arts Council Malta as the new national agency for cultural development, replacing the Malta Council for Culture and the Arts. Its purpose was to modernise and expand the role of the national cultural body, aligning it more closely with contemporary cultural policy goals, including broader socio-economic development through the arts. This transition also involved a restructuring of governance and operations, granting Arts Council Malta a wider mandate and more autonomy, including oversight of various Public Cultural Organisations.
Subsidiary Legislation 542.01 Cinema and Stage Age-Classification Regulations were introduced following amendments in 2012 to modernise the classification system for films and stage productions. They were governed under the Malta Council for Culture and the Arts Act, and now under the Arts Council Malta Act. The regulations did the following:
- Shifted responsibility for classifying stage productions from a state-appointed board to the producers/directors themselves;
- Established a Theatre Guidance Board to assist with age classification when requested;
- Created a Board of Film Age-Classification for cinema, which is responsible for classifying films and publishing the criteria and justifications for each classification;
- Introduced a Review Board to handle appeals regarding film classifications.
Subsidiary Legislation 444.02 Creativity Trust Order established a charitable trust known as the Creativity Trust, with the aim of supporting Malta’s cultural and creative industries.
The Malta Crafts Act (Cap. 613) addresses the crafts sector in Malta. The sector is supported and regulated through a combination of institutional frameworks and general cultural policy instruments, including the Malta Crafts Foundation, which operates under the Ministry for the Economy.
In the media sector, the Broadcasting Act of 1991 has assured the right for plurality and the democratic right for information, besides guaranteeing the need for qualitative, educational programming. It has been amended and updated over time to reflect changes in the media landscape. These include the expansion of subsidiary legislation to regulate emerging areas in broadcasting, and ongoing updates to align with EU directives, particularly the Audiovisual Media Services Directive (AVMSD). The Broadcasting Authority’s remit has been extended to include online video-sharing platforms and on-demand services, distinguishing between linear (traditional TV) and non-linear (streaming) content.
The Cultural Heritage Act (2002, last amended 2024) provides the legal framework for the protection, preservation, and management of Malta’s cultural heritage.
The Malta Arts Scholarships Scheme aims at providing more opportunities to support individuals who are exceptionally talented in the creation and/or promotion of the expressive arts.
In Malta, there is no single, overarching “Censorship Act.” Instead, content regulation is governed through a combination of laws and regulatory frameworks that collectively define the boundaries of acceptable expression across various media:
- The Broadcasting Act (Chapter 350) plays a central role in regulating television and radio content. It prohibits material that is obscene, offensive, or incites hatred or violence. The Broadcasting Authority is responsible for enforcing these standards and has the power to issue fines or sanctions for violations;
- For cinema and theatre, the Cinema and Stage Age-Classification Regulations (Subsidiary Legislation 542.01) require that all productions be assigned an age classification. This responsibility lies primarily with the producers and directors, though classification boards provide oversight and guidance;
- The Press Act (as Chapter 248, repealed, now article 33 of Act XI of 2018) governs printed media and includes provisions against libel, defamation, and hate speech. While it does not impose direct censorship, it sets legal limits on what can be published, particularly in relation to personal reputation and public order;
- The Criminal Code (Chapter 9) also contains relevant provisions. These include laws against hate speech, incitement to violence, and the distribution of obscene material. Although blasphemy laws have been largely repealed, other restrictions remain in place to protect public morality and safety.
Additionally, Malta has laws aimed at protecting minors from harmful content, particularly in media and online environments. These laws ensure that children are shielded from material deemed inappropriate for their age.
Recent openness regarding censorship supports the progressive and liberal European agenda, rather than suppressing it as is happening in other states across Europe. However, the specification of more artistic rights in expression, which on the surface may seem to strengthen and protect the artist, could lead to the weakening not only of freedom of creative thought and expression, but even of the broader freedom of expression, based on the distinction between artistic expression and other forms of expression.
The Charter of Status for the Artist issued by Arts Council Malta in 2024 is non-binding but may help influence legislation in terms of providing a dynamic framework of reference for any legislation, policy or initiative that will have an impact, direct or indirect, on the cultural and creative sectors.
Table 2: International legal instruments implemented by Malta in the cultural field
Comments are closed.