Legal Question in Criminal Law in Malta
pornography legal?
Is possesion of pornography for private use legal in malta? Im NOT referring to child pornoghraphy or any other clearly illegal forms, but to ''normal'' pornography. I read up on the applicable law on http://www.legal-malta.com/law/laws-of-malta.htm , chapter 9 (criminal code)�208, and took it to mean only trading(for financial gain?), or public display is illegal, but wan't to be certain, as the sentences are rather stiff.
1 Answer from Attorneys
Re: pornography legal?
Sub 1 of Section 208 of the Criminal Code can be better understood by recognising two aspects:
(1) certain activities are prohibited but only
(2) when they are conducted for certain purposes
The activities are not allowed if they are conducted for the purpose of distribution or for the purpose of display in a public place or a publicly accessible place.
As to the activities, it is illegal to, basically, create, reproduce, import, export, distribute buy, sell or possess pornographic material if that is done for the said purposes.
Therefore, non-commercial possession for private purposes would seem to be permitted.
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