Following the publication of ‘the Classification of Films and of Dramatic and other Stage Productions (Amendment) Act, to amend various laws relating to the classification of films and of dramatic and other stage productions,’ on the 2nd of November 2012, the two enabling Legal Notices have been published in the Government Gazette of today.

These are the Cinema and Stage Age Classification Regulations which are now published under the Malta Council for Culture and the Arts Act and which define the new procedures for film and stage classification; and the Legal Notice amending the Code of Police Law which repeal the old regulations formerly falling under the Code of Police.

Under the new legal system Malta’s stage and theatre classification practices were amended to allow for self-classification for theatrical productions. The role of a state-appointed board to classify dramatic and other stage productions has been removed in the new regulations, and this responsibility is being placed in the hands of the producer and/or director of the theatrical production, who will in each case be responsible to ensure that any applicable laws and regulations are respected.

A Theatre Guidance Board is being established, with one of its tasks being that of assisting producers/directors who seek its counsel by suggesting appropriate age-classifications for their stage productions, or confirming the age-classification given by the producer/director in the first instance.

In the area of film, a new Board of Film Age-Classification will be constituted, which shall be responsible for the a priori classification of films, in line with international practices in this field of cultural production. The Board of Film Age-Classification will have the duty to publish its criteria for classifying films in the categories established in law.

It will also publish the age-classifications given to each film, citing the reasons for such a classification and providing any additional pertinent information that might assist film audiences in making an informed choice before deciding to watch a film. A Review Board will be created to hear appeals from a classification applicant in connection with the age-classification given to a film.

These changes are the result of a process started off on the 17th of January of this year with a public consultation to discuss the Ministry for Culture’s proposed amendments to the classification systems for cinema and theatre. Following this consultation period, the first reading of the Bill in Parliament was presented on the 16th of March 2012. This was followed by the second and third reading stages in Parliament, and the publication of the new Act.

The updating of Maltese legislation by placing the responsibility of the classification board within the Ministry responsible for Culture is one of the completed measures of the National Cultural Policy which was issued last year by the Government.

The Ministry has also set up a working group chaired by Judge Giovanni Bonello former member of the European Council of Human Rights, on matters relating to freedom of expression in the context of literary and artistic works.

The working group is in the process of finalising proposals related to possible changes to legislation or administrative practices regulating them. The Ministry will continue working on improving access to cultural and artistic expression by addressing and implementing any necessary legal and administrative adjustments on matters effecting artists and creatives active in other fields outside of theatre and film, through the assistance of this working group.

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