Chapter 300 – Foreign Interference Act
What is this act about?
This law regulates the political activities of foreign individuals and entities in Malta, ensuring they do not unduly influence Maltese elections or internal/foreign affairs, in line with human rights conventions.
Who it applies to: "Aliens," defined as non-Maltese citizens, bodies controlled by non-Maltese citizens, or foreign states/governments; Maltese citizens or ordinary residents who might participate in or aid foreign political broadcasts.
At a glance
- Country
- Malta
- Area of law
- Constitutional law and human rights
- Articles
- 7
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- Limitations on political activities by aliens in Malta.
- The provision of money, equipment, or materials to political parties by aliens.
- Participation by Maltese citizens or residents in political broadcasts from outside Malta intended for Malta.
- The establishment and functions of a Monitoring Committee to oversee these regulations.
Who does this act apply to?
- "Aliens," defined as non-Maltese citizens, bodies controlled by non-Maltese citizens, or foreign states/governments.
- Maltese citizens or ordinary residents who might participate in or aid foreign political broadcasts.
What are the key points?
- Aliens cannot engage in "restricted activities" in Malta, which include political activities during specific election-related periods or providing resources to political parties without authorization.
- "Restricted activity" also includes providing money, equipment, or materials to political parties, unless authorized by the Monitoring Committee or considered a bona fide gift of no political significance.
- Maltese citizens or residents cannot participate in or aid foreign political broadcasts primarily intended for Malta, unless authorized by the Broadcasting Authority.
- Offences against this Act can result in fines up to €11,646.87 and imprisonment up to six months for repeat offenders, with forfeiture of funds or equipment.
Constitutional law and human rights
Constitutional law and human rights
Legal text
Legal text
FOREIGN INTERFERENCE
CHAPTER 300
FOREIGN INTERFERENCE ACT To regulate the limitations on the political activities of aliens, and this in accordance with Article 16 of the Convention of Rome (1950) for the Protection of Human Rights and Fundamental Freedoms.
Substituted by:
I. 1987.2. (1st September, 1982)* ACT XI of 1982, as amended by Acts XVII of 1982, XIII of 1983 and I of 1987 †; and Legal Notice 423 of 2007.
Art. 1
Art. 2
The shirt title of this Act is the Foreign Interference Act.
In this Act, unless the context otherwise requires - "alien" where it refers to an individual means a person who is not a citizen of Malta; where it refers to a body of persons, in whatever manner constituted juridically, means any such body of persons directly or indirectly controlled by persons who are not citizens of Malta, and includes any State or Government; and where it refers to a broadcast means any such broadcast transmitted from a station or installation situate outside the territory of Malta and which is not authorised by the Broadcasting Authority; "broadcast" means broadcast by wireless telegraphy or wire or both, and includes both sound and television broadcast; "Broadcasting Authority" means the Broadcasting Authority established by article 118 of the Constitution; "intermediary agent" means any person or group of persons who, irrespective of the proclaimed objectives, is involved in political activity, and includes any citizen of Malta resident outside Malta who so acts; "Malta" has the meaning assigned to it in article 124 of the Constitution; "Monitoring Committee" means the Committee established under this Act; "Minister" means the Minister responsible for foreign affairs; "person" includes any political party, and any political or other organisation, institution or body whatsoever; "political" where it does not refer to a party, person, club or similar institution is restricted in meaning to matters connected with the elections in Malta, or which may be reasonably deemed to influence such elections, and matters connected with the internal or foreign affairs of Malta; "programme" includes an advertisement. *See article 1(2) as originally enacted, which subarticle has been omitted under the Statute Law Revision Act, 1980 and Government Notice No. 461 of 1st September, †See article 9 of Act I of 1987.
Short title.
Interpretation.
Substituted by:
I. 1987.3.
Restricted activities.
Amended by:
XVII.1982.2.
Substituted by:
I.1987.4.
FOREIGN INTERFERENCE
Art. 3
Provided that nothing in this subarticle shall be deemed to include anything which, taking into account the value and any other circumstances, may be reasonably considered as a bona fide gift of no political significance.
Broadcasting received in Malta.
Amended by:
I. 1987.5.
Art. 4
Art. 5
Amended by:
XIII. 1983.5;
I. 1987.6;
L.N. 423 of 2007.
FOREIGN INTERFERENCE or other thing are the property of, or are kept or used by, the person convicted or are the property or are used or kept by any other person whatsoever.
Provided that in the case of an alien broadcast, no such foreign interference shall be deemed to subsist if the person or the political party, in whose favour or to whose benefit such a broadcast is made or intended to be made, proves that he, or the political party, as the case may be, did not make such broadcast or in any way aid or abet prior to, during, or after the transmission, any person in such broadcast.
Monitoring Committee.
Amended by:
XIII. 1983.4,5.
Substituted by:
I. 1987.7.
Art. 6
Power to make regulations.
Amended by:
I. 1987.8.
Art. 7
The Minister may make regulations (a) to prescribe the form to be used for the purposes of this Act and any other matter that may be prescribed under this Act; (b) generally for the better carrying out of any of the FOREIGN INTERFERENCE provisions of this Act or for any other matter incidental or supplementary thereto.