Hate Speech & Hate Crime

Article 82A of the Criminal Code states:

(1) Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age,disability, religion or belief or political or other opinion or whereby such violence or hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable to imprisonment for a term from six (6) to eighteen (18) months

(2) For the purposes of sub-article (1) “violence or hatred” means violence or hatred against a person or against a group of persons in Malta defined by reference to gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion.

Article 82C of the Criminal Code states:

(1) Whosoever publicly condones, denies or grossly trivialises crimes against peace directed against a person or a group of persons defined by reference to gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion when the conduct is carried out in a manner-
(a) likely to incite to violence or hatred against such a person or group; or
(b) likely to disturb public order or which is threatening, abusive or insulting, shall, on conviction, be liable to imprisonment for a term from eight months to two years.

(2) For the purposes of this article a crime against peace means conduct consisting of:
(a) the planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances;
(b) participation in a common plan or conspiracy for the accomplishment of any of the acts referred to in paragraph (a).

Investigation and Punishment for the Offence of Hate Speech/Hate Crime

Article 83B of the Criminal Code states:

The punishment established for any offence shall be increased by one to two degrees when the offence is aggravated or motivated, wholly or in part by hatred against a person or a group, on the grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion within the meaning of sub-articles(3) to (6), both inclusive, of article 222A.

Article 222A of the Criminal Code states:

(1)Deleted by Act LXV.2021.6.

(2) The punishments established in the foregoing provisions of this Sub-title shall also be increased by one to two degrees when the offence is aggravated or motivated on the grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion.

(3) An offence is aggravated or motivated on grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion if:

(a) at the time of committing the offence, or immediately before or after the commission of the offence, the offender demonstrates towards the victim of the offence hostility, aversion or contempt based on the victim’s membership (or presumed membership) of a group, denoting a particular gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion; or

(b) the offence is motivated, wholly or partly, by hostility, aversion or contempt towards members of a group as referred to in paragraph (a).

(4) In sub-article (3)(a):”membership”, in relation to a group, includes association with members of that group;”presumed” means presumed by the offender.

(5) It is immaterial for the purposes of sub-article (3)(a) or (b)whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in those paragraphs.

(6) In this article:”racial group” means a group of persons defined by reference to race, descent, colour, nationality (including citizenship) or ethnic or national origins;”religious group” means a group of persons defined by reference to religious belief or lack of religious belief.

(7) The punishment prescribed for any of the crimes referred to in the preceding articles of this Sub-title shall be increased by one to two degrees in the applicable cases referred to in article 202, provided that where an aggravation of punishment in respect of the circumstances mentioned in this article is already provided for under this Code or any other law, the higher punishment may be applied.

Freedom of Expression Law

Article 41

(1) Except with his own consent or by way of parental discipline, no person shall be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his correspondence.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of sub-article (1) of this article to the extent that the law in question makes provision –

(a) that is reasonably required –
(i) in the interests of defence, public safety, public order, public morality or decency, or public health; or
(ii) for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, protecting the privileges of Parliament, or regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication, public exhibitions or public entertainments; or

(b) that imposes restrictions upon public officers,

and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society