Malta

Last update: October, 2026

Malta's cultural field operates within a general legal framework rooted in the Constitution of Malta (1964) and a mixed common-law and civil-law tradition inherited from British colonial rule and Continental influences. The framework operates at four interrelated levels: constitutional provisions safeguarding freedoms and cultural heritage; primary legislation enacted by Parliament; subsidiary legislation issued as Legal Notices; and directly applicable European Union regulations and directives. As a European Union Member State since 2004, Malta has progressively transposed the EU acquis across all areas of general legislation reviewed below — public finance, social security, taxation, labour law, copyright, data protection and language policy — with EU law taking precedence over conflicting domestic provisions.

Culture is not treated as a separate legal domain in most general legislation; rather, cultural workers, organisations and institutions are subject to the same general rules as other actors. Where cultural specificities require adjustment, sector-specific instruments (see 4.2) supplement the general framework. Recent developments, including the 2023 amendments to the Criminal Code and the Electronic Communications Act strengthening protection for artistic expression, and the Charter for the Status of the Artist (2024) endorsed by all eleven Public Cultural Organisations as a non-binding normative benchmark, illustrate the current direction of reform.

The Constitution of Malta (1964) contains several provisions that bear directly on the cultural field. Article 8 provides that “the State shall safeguard the landscape and the historical and artistic patrimony of the Nation,” establishing heritage protection as a constitutional duty of the State. Article 5 designates Maltese as the national language and recognises both Maltese and English as official languages, with Maltese as the language of the courts. Article 41 protects freedom of expression, including freedom to receive and impart ideas without interference — the constitutional anchor for artistic freedom, journalistic freedom and academic freedom; restrictions are admitted only on the grounds set out in Article 41(2) (defence, public safety, order, morality or decency, the rights and freedoms of others, and the prevention of contempt of court). Article 42 protects freedom of assembly and association, enabling cultural associations, unions and advocacy groups to operate.

Cultural rights are not yet enumerated as a distinct constitutional category. The National Cultural Policy (2021) calls for their inclusion in the Constitutional reform process under discussion, and the government pledged in September 2022 to enshrine freedom of the press in the Constitution as part of the media reform package that followed the public inquiry into the assassination of Daphne Caruana Galizia. Neither amendment has been enacted as of July 2026. A broader constitutional reform bill introduced in May 2025, which aimed to expand the Constitutional Court and address judicial retirement, failed to secure the required two-thirds majority, with the opposition seeking to tie its support to wider institutional reforms including the independence of the public broadcaster. Only one measure passed being the establishment of a Commissioner for the Standards of the Judiciary, requiring only a simple majority.

The 2023 amendments to the Criminal Code and the Electronic Communications Act operate at a sub-constitutional level but extend the practical protection afforded by Article 41 to artistic, satirical and comic expression.

Last update: October, 2026

Public expenditure on culture is allocated annually through the Budget Speech and the Financial Estimates published by the Ministry for Finance and Employment. The principal budget holder is the Ministry for Arts, Culture and the National Heritage, within which the Culture Directorate provides policy direction and oversight. The legal framework for budgetary discipline is the Fiscal Responsibility Act (Cap. 534, 2014) and the Public Finance Management Act (Cap. 601, 2019), which establish budgeting, accountability and reporting standards across the public sector.

Sector-specific allocation mechanisms operate under enabling legislation. The Arts Council Malta Act (Cap. 542, 2015) constitutes Arts Council Malta as the principal arms-length funder for the arts and authorises the Council to administer competitive funding schemes; the Council publishes its scheme portfolio annually (nineteen competitive schemes in 2026, delivered through approximately thirty individual calls). The Cultural Heritage Act (Cap. 445, 2002, amended 2024) establishes Heritage Malta and the Superintendence of Cultural Heritage, each with its own budget line. The Malta Libraries Act (Cap. 511, 2011) and the National Archives Act (Cap. 477, 1990, 2006) establish budgetary autonomy for those national bodies. The Malta Film Commission Act (Cap. 478, 2005) underpins Malta Film Commission allocations; since November 2024 the Commission has fallen under the culture portfolio following the transfer from the Ministry for Tourism.

Public procurement by cultural agencies is governed by the Public Procurement Regulations (S.L. 601.03) and overseen by the Department of Contracts. The same regulations govern competitive grants disbursed under EU State Aid rules, including the de minimis threshold applied to most ACM individual-artist schemes.

Local government allocations for culture flow through the Local Government Act (Cap. 363, 1993, recast 2019), which assigns local councils competence over local cultural events and minor heritage maintenance and provides for an annual financial allocation from central government. The Regional Cultural Strategies 2022–2027 operate within this framework, with central funding directed to regional councils for cultural projects.

EU co-financing is a substantial complement to domestic allocation: the European Regional Development Fund co-financed MICAS and other capital infrastructure projects; Creative Europe is accessed through the Creative Europe Desk Malta hosted by Arts Council Malta. Budget 2026 announced Malta’s accession to Eurimages for film co-production support. Unlike some European jurisdictions, Malta does not operate a dedicated national-lottery fund earmarked for culture; private donations are incentivised instead through the 150% tax deduction on corporate donations (see 4.1.4).

Discretion in ministerial allocation is constrained by sector legislation but remains substantial within the annual Estimates cycle; the 2024 National Audit Office report on the Malta Film Commission identified shortcomings in transparency and accountability in large-event spending, prompting ongoing parliamentary scrutiny.

Last update: October, 2026

Social security in Malta is governed by the Social Security Act (Cap. 318, 1987), a single contributory-and-non-contributory scheme administered by the Department of Social Security. It applies generally to employed and self-employed persons. There is no artist-specific social security regime; cultural workers participate in the same scheme as other workers, paying Class 1 contributions (employees) or Class 2 contributions (self-employed) and accessing the same benefits — sickness, injury, invalidity, maternity, unemployment, contributory and non-contributory pensions, and assistance benefits.

Two structural features create particular pressure for cultural workers, most of whom are self-employed or work in intermittent project-based engagements as identified in the Cultural and Creative Practice Survey 2024. First, unemployment benefit eligibility under the Social Security Act requires a minimum number of paid contributions and is calibrated to standard employment patterns; self-employed creatives in between projects can fall outside the qualifying window. Second, contributory benefit rates for the self-employed (Class 2 contributors) are calculated on a different basis from those for employees (Class 1 contributors), which has implications for invalidity, sickness and maternity entitlements at the lower end of the contribution scale. The state’s COVID-19 Wage Supplement (2020–2022), administered by Malta Enterprise, was extended to self-employed cultural workers and demonstrated that the system can be calibrated for the sector, though only as an emergency measure.

The Charter for the Status of the Artist (2024) identifies social security and taxation as one of its seven principles and calls for review of unemployment-benefit contribution criteria for intermittent workers, parity in maternity and invalidity benefit treatment for self-employed creatives, and recognition of artistic apprenticeships and residencies as qualifying activity. The Charter is non-binding and no legislative amendments to Cap. 318 have been enacted as of May 2026. ACM’s research function and the Charter framework provide the basis for further sectoral consultation.

Cross-cutting frameworks indirectly support cultural workers. The Voluntary Organisations Act (Cap. 492, 2007) allows volunteers in cultural NGOs limited exemption from contribution liability for in-kind work. The Equality Act (in draft) and the Equal Treatment in Employment Regulations (S.L. 452.95) extend anti-discrimination protections relevant to cultural workplaces. The European Pillar of Social Rights Action Plan frames Malta’s domestic-reform commitments.

Sector advocacy on social security is led by the Malta Entertainment Industry and Arts Association (MEIA) and the Malta Producers Association. MEIA’s Budget 2026 recommendations called for a contribution-credit mechanism for periods between projects and for portability of social-security entitlements across short-term engagements, drawing on the EU Open Method of Coordination work on artists’ status. No artist-specific pension scheme exists; the universal contributory pension applies.

Last update: October, 2026

The general tax framework is the Income Tax Act (Cap. 123, 1948), the Income Tax Management Act (Cap. 372) and the Value Added Tax Act (Cap. 406, 1998). Personal income tax is progressive; corporate tax is set at 35% with a full-imputation system that allows shareholder refunds. VAT is charged at a standard rate of 18%, with reduced rates of 7% (accommodation), 5% (books, e-books, certain printed matter, admission to museums and cultural events) and a zero rate for selected supplies including exports.

Several culture-specific instruments operate within this framework. The reduced 7.5% income-tax rate for creative practitioners, introduced by Legal Notice for base year 2022, applies to income from artistic activity (theatre, dance, music, literature, visual arts and other defined categories) and represents a substantial reduction from the standard minimum rate of 15%. The 150% tax deduction on corporate donations to voluntary cultural organisations and Public Cultural Organisations, in force since 2016, generated approximately €3.2 million in donations between 2016 and 2021. The VAT reclaim on a one-time purchase of a musical instrument provides a fiscal facility for individual musicians. The Tax Deduction on Fees paid for Cultural and Creative Courses recognises private investment in arts training.

The audiovisual sector is supported by the film cash rebate scheme, administered until 2024 by the Malta Film Commission and offering up to 40% on qualifying Malta spend. Since 2025 the Screen Support Scheme (€2 million in 2025) administered by Arts Council Malta supports local production through a separate instrument. The Get Qualified Scheme and Higher Educational Qualifications Scheme provide tax credits for individuals pursuing creative and other qualifications.

Heritage-property tax measures include the VAT and stamp-duty schemes for the restoration of properties in Urban Conservation Areas, properties scheduled under the Cultural Heritage Act, or built before 1925; the first-time-buyer scheme (made permanent in Budget 2026) and accelerated depreciation on qualifying digital investments are general measures with cultural-sector application.

The Duty on Documents and Transfers Act (Cap. 364) and the VAT Act together govern transactions in artworks and cultural property. Voluntary organisations registered with the Commissioner for Voluntary Organisations under the Voluntary Organisations Act benefit from income-tax exemption on activity in furtherance of their statutory purposes.

Author royalties have been the subject of an NBC reform proposal seeking income-tax exemption on royalty payments and a 200% tax refund for publishers on royalties paid to authors; the proposal was issued for public consultation in 2020 but has not been enacted as of May 2026. The income tax rate paid by authors on royalties has been reduced from 15% to 7.5%.   MEIA and the Malta Producers Association have continued to advocate for further fiscal measures to address late-payment cycles and to recognise project-based working patterns.

Last update: October, 2026

Employment in Malta is governed by the Employment and Industrial Relations Act (Cap. 452, 2002), which consolidates earlier legislation and implements the relevant EU acquis on employment standards, working time, equal treatment, transfer of undertakings, fixed-term work and part-time work. The Act applies to all employees, including those engaged by Public Cultural Organisations and private cultural employers. Self-employed creative workers fall outside its core employment-rights provisions but are covered by Subsidiary Legislation 452.95 – Equal Treatment in Employment Regulations on discrimination and by general civil-law contract rules.

The Department for Industrial and Employment Relations (DIER) administers the Act, enforces statutory employment conditions and registers collective agreements. The Industrial Tribunal adjudicates disputes. The Health and Safety at Work Act (Cap. 424, 2000) applies to all workplaces, including performance venues, studios and film sets; sector-specific guidance has been developed for fireworks factories and stage production.

Public Cultural Organisations under Arts Council Malta engage employees largely on terms aligned with general public-sector frameworks, including collective agreements negotiated by the central government with the public-service unions. Arts Council Malta itself operates as an arms-length entity with its own pay scales for non-public-service categories.

A defining feature of the cultural sector is the prevalence of self-employment, freelancing and short fixed-term engagements, with corresponding gaps in employment protection. Collective bargaining coverage in the cultural and creative sectors is limited; few sub-sectors have recognised trade unions, freelance creatives are largely outside the collective-bargaining infrastructure, and only 35.9% of performing artists surveyed by Culture Venture reported regularly signing a written agreement before work begins. MEIA and the Malta Producers Association have advocated for a sector rate card, model contracts and standardised payment terms to address chronic late-payment cycles. The Charter for the Status of the Artist (2024) identifies labour rights and collective bargaining as one of its seven principles and calls for recognition of representative associations of self-employed creative workers as social partners.

Volunteer engagement in cultural NGOs is regulated by the Voluntary Organisations Act (Cap. 492, 2007), which requires organisations engaging volunteers to register with the Commissioner for Voluntary Organisations, to ensure volunteers and to maintain clear roles distinguishing volunteers from employees. Many band clubs, feast committees and amateur theatre groups operate under this framework.

The employment of foreign nationals in the cultural sector is governed by the Immigration Act (Cap. 217) and processed through Identità (formerly Identity Malta). Specific work permits exist for performers and crew of short-term productions, including film and audiovisual projects under the cash-rebate scheme; specialised visas for esports athletes were introduced in 2025 as part of the Video Gaming Gateway initiative.

The National Minimum Wage Order applies across the economy. Sector-specific evidence on remuneration is provided by the Culture Venture research underpinning MEIA’s Towards Fair Pay for Performing Artists in Malta (2025) position paper, which found that 22.6% of performing artists surveyed reported they are “not always paid” and a further 3.1% reported being “never paid”; only 35.9% regularly sign a written agreement before work begins; and just 10% reported being satisfied with their income. MEIA has subsequently established a Fair Pay Working Group to pilot Malta’s first sectoral rate card, beginning with theatre. In parallel, MEIA has criticised the €250 screening fee paid to local filmmakers at the 2025 Mediterrane Film Festival — set against the festival’s approximately €5 million in public funding — as illustrative of the imbalance between public-sector investment in international visibility and remuneration of resident creative professionals.

Last update: October, 2026

Copyright in Malta is governed by the Copyright Act (Cap. 415, 2000), most recently amended by Act No. XXXV of 2023. Malta follows the droit d’auteur tradition characteristic of continental Europe, granting authors economic and moral rights in original literary, artistic, musical, audiovisual works and databases. As an EU Member State Malta has progressively transposed the EU copyright acquis into Cap. 415 and subsidiary regulations.

Key EU instruments transposed include: Directive 2001/29/EC (InfoSoc) on copyright in the information society; Directive 2004/48/EC on enforcement, transposed through the Enforcement of Intellectual Property Rights (Regulation) Act (Cap. 488, 2006); Directive 2011/77/EU extending performer and sound-recording protection to 70 years, transposed by the Extension to Term Protection (Neighbouring Rights) Regulations (2014); Directive (EU) 2019/789 on online transmissions of broadcasting organisations and retransmissions; and Directive (EU) 2019/790 on copyright in the Digital Single Market (DSM), transposed in June 2021 by the Copyright and Related Rights in the Digital Single Market Regulations (2021), which supplement Cap. 415 with provisions on press-publisher rights (Article 15) and platform liability (Article 17), text-and-data-mining exceptions, and contract-adjustment rights for authors and performers. The Marrakesh Treaty for visually impaired persons was transposed through Directive (EU) 2017/1564 implementing regulations.

Royalty collection in Malta is structured around the Control of the Establishment and Operation of Societies for the Collective Administration of Copyright Regulations (S.L. 415.05). The Performing Right Society (PRS for Music) operates through a local agent; the Malta Authors and Composers Society represents Maltese authors and composers. The Artists’ Resale Rights Regulation (S.L. 415.3, 2006) grants visual artists an inalienable royalty on resale (see 3.4 and 4.2.4).

The Public Lending Right scheme administered by the National Book Council since 2014 (extended to the University of Malta Library in 2021) remunerates authors, editors, translators, illustrators and photographers for borrowings from public libraries; the 2025 annual allocation was approximately €80,000.

Criticism of the DSM transposition was voiced by the National Book Council in July 2021, which described it as incomplete and shortsighted; the NBC has proposed a comprehensive reform package including an Education Exception contract for use of works in public education, income-tax exemption on royalty payments, and a 200% tax refund for publishers on royalties paid. The reform has not been enacted as of May 2026.

The Criminal Code (Cap. 9, Title IV) and the Enforcement of Intellectual Property Rights (Regulation) Act (Cap. 488) provide for criminal and civil enforcement; the Police Central Investigation Bureau handles copyright-infringement cases.

Last update: October, 2026

Data protection in Malta is governed by the Data Protection Act (Cap. 586, 2018), which gives effect to and supplements the General Data Protection Regulation (Regulation (EU) 2016/679) and the Law Enforcement Directive (Directive (EU) 2016/680). The supervisory authority is the Office of the Information and Data Protection Commissioner (IDPC), which enforces GDPR compliance, handles complaints and cooperates within the European Data Protection Board.

Cultural organisations engaging with personal data — ticketing operators, museums, libraries, broadcasters, audience-research bodies — operate within the same framework as other controllers and processors. The framework affects audience-database management, mailing lists, online-content services, image rights for performers and visitors, and the management of historical and archival records containing personal data.

Sector-specific tensions arise particularly around (i) the balance between public access to archival records and personal-data protection — addressed in part by the National Archives Act (Cap. 477, 2006) provisions on access and embargo, (ii) academic and journalistic exemptions under Article 85 GDPR, transposed through Cap. 586, and (iii) the use of biometric, locational and image data in interactive and immersive cultural experiences. The Processing of Personal Data (Education Sector) Regulations and similar subsidiary instruments establish sector-specific rules of relevance to arts education.

Last update: October, 2026

The language framework rests on Article 5 of the Constitution, which designates Maltese as the national language and recognises both Maltese and English as official languages, with Maltese as the language of the courts. The Maltese Language Act (Cap. 470, 2004) establishes the Kunsill Nazzjonali tal-Ilsien Malti (National Council for the Maltese Language) with responsibility for the promotion, standardisation, orthographic regulation and lexicographical development of Maltese.

Language provisions of relevance to culture include: the Broadcasting Act (Cap. 350, 1991) and its subsidiary regulations on Maltese-language content quotas for public-service broadcasting; the Code of Organization and Civil Procedure (Cap. 12), which has provided for Maltese as the language of judicial proceedings since 1934; and curriculum frameworks under the https://education.gov.mt/Ministry for Education and Sportsprescribing Maltese as the medium of primary education and bilingual provision in secondary education.

Malta signed the European Charter for Regional or Minority Languages in 1992 but has not ratified it; the Government’s 2021 National Cultural Policy does not commit to ratification. There is no statutory minimum-language requirement for theatre, cinema or live performance, but cultural-policy instruments — including the ACM Call for Proposals for Original Musicals in the Maltese Language (2022–2026), the Newspapers Support Scheme and the National Book Council’s Maltese-language literary prizes — incentivise Maltese-language production.

Last update: October, 2026

Several other general laws bear on the cultural field. The Competition Act (Cap. 379, 1994) and the Malta Competition and Consumer Affairs Authority framework apply to cultural undertakings engaged in economic activity, including festivals and ticketing operators. The Criminal Code (Cap. 9) contains provisions relevant to artistic expression — notably on obscenity, hate speech, incitement and threatening communications, all amended by the 2023 artistic-expression reform to require a “credible and realistic” threat for prosecution where the expression at issue is artistic, satirical or comic.

The Public Domain Act (Cap. 564, 2016), designating certain land and coastal areas as inalienable public domain with cultural-landscape implications, remains largely unimplemented as of 2025. The Development Planning Act (Cap. 552, 2016) and the Environment Protection Act (Cap. 549, 2016) govern heritage and landscape decisions, including assessments by the Superintendence of Cultural Heritage and the Environment and Resources Authority.

Legal Notice 177 of 2024 transposed the EU anti-SLAPP Directive (Directive (EU) 2024/1069), of particular relevance to journalists, commentators and satirists. The proposed Equality Act and Human Rights and Equality Commission Act remain under parliamentary discussion.

Last update: October, 2026

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

Last update: October, 2026

In 2002, and most recently amended in 2024, Parliament passed the Cultural Heritage Act to promote improved management, conservation and restoration of national cultural heritage. It guarantees greater public accessibility and appreciation of Malta's cultural treasures and ensures cultural and educational benefits for future generations.

At inception, it provided for the following entities to take over from the previous Department of Culture:

• the Superintendence of Cultural Heritage, to (a) establish, update, manage and publish a national inventory of cultural property; (b) exercise surveillance over cultural property; (c) excavate and monitor excavations and (d) advise the Minister responsible for Culture;
• Heritage Malta, responsible for ensuring that museums and other heritage property on the sister islands are conserved, restored, administered and managed in the best way possible;
• the Committee of Guarantee, created to enable and facilitate the collaboration between the different agencies with direct responsibility for the protection and management of the cultural heritage sector; and
• the National Archives, laid down by the National Archives Act of 1990, ensure that all documents of a public nature, which are no longer in use for the purpose of administration, shall be properly preserved and made reasonably accessible to the public for the purpose of study and research. In 2006, the National Archives and the Libraries Department became two separate entities. Through the National Archives Act (Cap. 477) the National Archives became a government agency intended to protect written memory. Moreover, a Council for National Archives was created in the same year, under the aegis of the Ministry of Education.

Malta has a legal framework aimed at protecting and managing its public and natural spaces. At the core of this framework is the Environment Protection Act (Chapter 549), which establishes the Environment and Resources Authority (ERA). This Act provides the foundation for environmental governance in Malta, including the protection of natural habitats, landscapes, and biodiversity. It also outlines procedures for environmental impact assessments and encourages public participation in environmental decision-making.

Complementing this is the Development Planning Act (Chapter 552), which regulates land use and spatial planning through the Planning Authority. This legislation governs zoning, development permits, and the designation of public open spaces and green areas, ensuring that development is balanced with environmental and community needs.

Another key piece of legislation is the Public Domain Act (Act XXV of 2016). This law designates certain lands and coastal areas as part of the public domain, meaning they are preserved for public use and environmental protection. It places restrictions on the privatisation or development of these areas, reinforcing their role as shared national assets. However, till 2025, it has not been implemented yet.

Additionally, the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44) implement EU directives related to Natura 2000 sites. These regulations are crucial for the protection of endangered species and natural habitats, and they govern activities within protected areas to ensure ecological integrity.

Last update: October, 2026

Performance and Theatre Regulation

Malta’s regulation of public performance dates to the Public Theatres Regulations of 1899. These regulations established procedural norms for theatres licensed as such, including safety, licensing, and operational standards. In response to censorship matters gaining significant attention in the public space and a 2009 human rights case concerning freedom of expression, government initiated a review of classification systems as part of the 2011 National Cultural Policy. This led to reforms in how stage and film productions have been classified.

Therefore, under Subsidiary Legislation 542.01, producers of stage productions are now empowered to assign their own age classifications. A Guidance Board, appointed by the minister responsible for culture, supports this process by:

• Drafting and updating classification guidelines;
• Providing recommendations upon request;
• Receiving and reviewing public complaints about stage content.

Public Celebrations and Festi

Public celebrations, including traditional festi, are subject to local council regulations, public order laws, and event permitting. While Malta does not impose direct censorship on festi, standards of decency, such as appropriate attire and conduct, are often enforced under public morality and safety laws.

For outdoor events and parties, organisers previously had to provide a substantial €11,000 bank guarantee. This requirement has been lifted for small-scale events, easing access for DJs and grassroots cultural organisers. Permits are still required, and Arts Council Malta provides guidance on compliance and good practice.

Religious and Sacred Spaces

Performances in churches or religious venues are subject to ecclesiastical approval. While not governed by civil censorship laws, the Catholic Church in Malta may restrict or prohibit non-religious music or performances in sacred spaces. This is typically handled through internal church policy rather than state regulation.

Fiscal Incentives

Artists and musicians may benefit from targeted fiscal support. Notably, Value-Added Tax (VAT) may be reclaimed on a one-time purchase of a musical instrument, providing financial relief for professional or aspiring musicians.

Censorship and Freedom of Expression

While Malta has moved away from formal censorship, content in public performances is still subject to the following legal instruments:

• Broadcasting Act (Cap. 350) – for televised or streamed performances.
• Criminal Code (Cap. 9) – for obscenity, hate speech, or incitement.

Article 33 of Act XI of 2018 has taken the place of the Press Act (Cap. 248), which has been repealed, to address matters related to the media. These laws aim to balance freedom of expression with public decency and safety. The shift from censorship to classification and guidance reflects a broader alignment with European human rights standards.

Last update: October, 2026

The legal frameworks surrounding the visual arts and crafts sectors are relatively limited but include several important provisions that reflect a commitment to preserving cultural identity and supporting creative professionals. While there is no single, comprehensive law dedicated exclusively to visual arts or crafts, various legislative instruments and policy measures contribute to the regulation and promotion of these fields. These include the following:

The Malta Crafts Act (Cap. 613, 2020) provides the legislative framework for the crafts sector in Malta, including provision for a national Crafts Register and ministerial designation of recognised crafts. The Malta Crafts Foundation, established in 2021 under the framework of Cap. 613, is a public entity under the Ministry for the Economy dedicated to the preservation, promotion and sustainability of Maltese artisanal products and skills, including training, certification and marketing support for artisans. While the Foundation sits within the economy portfolio, crafts also fall under the broader cultural policy framework: the Cultural Heritage Act (Cap. 445) covers intangible cultural heritage, which includes traditional crafts, and Arts Council Malta's funding schemes and development programmes are open to craftspeople as part of the wider cultural and creative sectors. Craftspeople operating as self-employed or small businesses are subject to general economic and employment legislation, including the Employment and Industrial Relations Act (Cap. 452), VAT and tax regulations, and health and safety standards.In the visual arts, the Artists' Resale Rights Regulation, enacted in 2006, introduced key legal protection for artists. This regulation grants the author of a copyrighted work of art the right to receive royalty on any resale of that work, provided it occurs after the first transfer of ownership. This resale right is unalienable and cannot be waived, even in advance, ensuring that artists continue to benefit from the increasing value of their work in the art market.

Regarding the movement of artworks and crafts across borders, Malta adheres to EU regulations on the export and import of cultural goods. These rules are designed to prevent the illicit trafficking of cultural property and to ensure that significant works of art and heritage items are not removed from the country without proper authorisation. Exporting certain artworks or crafts may require a license, particularly if the item is deemed to have historical or cultural significance. Similarly, the importation of artworks is subject to customs and cultural heritage controls, especially if the items originate from outside the EU.

In terms of religious context, while there is no specific legislation restricting the creation or display of visual art or crafts in religious settings, informal norms and ecclesiastical guidelines may influence what is considered appropriate, particularly in churches or sacred spaces. Artworks intended for religious use or display may be subject to approval by church authorities, especially if they are to be installed in heritage-listed or consecrated buildings.

Together, these legal and policy instruments form a meaningful framework that supports the development, protection, and ethical circulation of visual arts and crafts in Malta, while also respecting cultural and religious sensitivities.

Last update: October, 2026

The objects and reasons of the Act No. XI of 2018 - Media and Defamation Act are the updating of the laws on defamation, the abolition of criminal libel and the introduction of a new civil remedy for slander. The Act includes various provisions which strengthen freedom of the media by seeking to avoid disproportionate restrictions on journalists in actions in libel whilst protecting the victims of libel and slander. It also encourages increased use of alternative means of dispute resolution such as the right of reply, voluntary clarifications, mediation and other practical means of avoiding libel litigation or the protraction thereof.

The Act includes consequential amendments to the Criminal Code that retain some of the criminal offences formerly provided for in the Press Act. The bill also introduces an amendment to the Code of Organisation and Civil Procedure to prohibit the issue of precautionary warrants in defamation cases. The Bill also abolishes the crime of defamation which shall henceforth only be a civil tort.

The Ordinance on Public Libraries has been in existence since 1937, as expressed in Chapter 92 of the Laws of Malta. It was amended several times between 1955 and 1981, while the Act IV of 1990 regulated the National Archives. In 2004, the Local Councils' Public Libraries Development Committee was created, with the aim of helping to coordinate the administration of local and regional libraries. An Online Public Access Catalogue was installed in all libraries to make tracking books easier and more efficient.

In 2006, according to new legislation, the National Archives and the Public Libraries Department became two separate entities, and a National Archives Council was created for consultative reasons but was not given executive power. It has been agreed that the Councils make an annual contribution for the provision of new material.

In 2011, the Malta Libraries Act was enacted to establish a new legal entity under the responsibility of the National Librarian to ensure the collection and conservation of Malta's documentary heritage for present and future generations, to maintain and develop Malta's libraries and to encourage reading for study, research, self-development and lifelong-learning information and leisure purposes.

The Public Lending Rights scheme is a remuneration scheme which benefits authors, editors, translators, illustrators and photographers whose books are available to borrow from all public libraries. The scheme was introduced in 2014, and in 2021 it was widened in scope by including a remuneration for books borrowed from the University of Malta Library. As of 2025, the fund allocated €80,000 annually, and payments are issued quarterly to all subscribers. In the case of a book having more than one author, editor, translator, illustrator or photographer, payment is divided equally between the parties.

In 2024 Legal Notice 177 of 2024 on Strategic Lawsuits Against Public Participation Order, allowed the transposition of Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (hence, ‘Strategic lawsuits against public participation’, or SLAPP).

Last update: October, 2026

In 2005, the Malta Film Commission was legally established through Chapter 478 for the promotion, development and support of the audiovisual industry, including the film servicing industry, in Malta, through the office of the Film Commissioner. Since 2014, cash rebates for filmmakers have been introduced and increased, making the financial guidelines more attractive to the film industry. Qualifying productions are required to present a provisional application to the Malta Film Commission, including a detailed projection of the Malta budget for the production.  A variety of productions apply, provided that they are all or partially produced in Malta.

Since 2024 the funding of the film industry focusing on local production has been shifted from the Malta Film Commission to Arts Council Malta.

The age-classification of films was carried out by the Film Board as stipulated in S.L. 542.01 of 2012 under the Arts Council Act as per Legal Notice 416 of 2021, as amended by Act XV of 2015 and Legal Notice 387 of 2020.

All policy regulations related to broadcasting in Malta are the responsibility of the Malta Broadcasting Authority. Formal laws are enacted through Parliament. The Broadcasting Act of 1991 (amended several times since) stipulates that public broadcasting in the Maltese islands should provide high-quality programming across a full range of public tastes and interests. The most recent amendments are carried in Act XVI of 2018 Cap. 350.

On 1 January 2001, the Malta Communications Authority was set up to liberalise and regulate telecommunication services. This was done through the Malta Communications Authority Act Cap 418 of 2000. It has been regularly amended since.

The European Media Freedom Act (Regulation (EU) 2024/900), a directly applicable EU regulation covering media pluralism, editorial independence, state advertising and public service media governance, has applied in Malta since August 2025. Malta's implementing measures are set out in Legal Notice 175 of 2025; see 2.5.3 for detail on implementation status and international assessments.

Last update: October, 2026

The Patents and Designs Act , Cap. 417 Act XVII of 2000, amended in 2023, applies to patents and design. It provides protection for the protection of designs and models of manufacture.  The Act defines ‘designs’ as the appearance of the whole or a part of a product resulting from the features of a series of elements conducive to distinguishing identities.  A design is considered to display individual character if the general impression it has on the informed user differs from the overall impression produced by any other design which has been made available to the public before the date of filing of the application for registration or, if priority is claimed, before the priority date.  A design right is protected for a period of five years from the date of filing of the application and is renewable for one or more periods of five years each up to a total term of 25 years.

The Building Regulation Act Cap. 513 addresses the construction of buildings and related matters.

The Digital Content and Digital Services Contracts Regulations, 2021, was published by means of Legal Notice 406 of 2021 on the 29 October 2021 and came into force on 1 January 2022. The purpose of these Regulations is to transpose Directive (EU) 2019/770 of the European Parliament and of the Council on certain aspects concerning contracts for the supply of digital content and digital services. These regulations, lay down common rules on certain requirements concerning contracts between traders and consumers for the supply of digital content or digital services, in particular, rules on:

• the conformity of digital content or a digital service with the contract;
• remedies in the event of a lack of such conformity or a failure to supply, and the modalities for the exercise of those remedies, and
• the modification of digital content or a digital service.