Stiff penalties for xenophobic, racist acts proposed
Whatever is verbally immoral should also be made illegal - minister
Derogatory comments and attacks relating to skin colour, descent or creed could lead to a prison sentence or hefty fine under proposals in a new xenophobia bill.
Anybody who behaves in a threatening, abusive or insulting manner, either through actions, words, or printed material, with the intention of stirring racial trouble, could be liable to a prison term of between six and 18 months.
The proposals will give broader meaning to the terms 'violence' and 'racial hatred', and are intended to eradicate legal loopholes which have for several decades exonerated people perpetrating racism and xenophobia.
The first reading of the amendments will take place this week and the changes could come into force as early as the beginning of next year.
The amendments were a clear message that xenophobic elements do not have a place in society, Home Affairs Minister Carmelo Mifsud Bonnici told The Sunday Times.
"We will update our laws to reflect the reality that a modern civilised country such as ours will not tolerate in any manner violence or hatred against anyone on the basis of skin colour, race, religion, descent, nationality or ethnic or national origins."
He called for the elimination of xenophobic and racist statements, made under the pretext of freedom of expression. "Whatever is verbally immoral should also be made illegal," he said.
Punishments established for any offence contained in the criminal code will be increased by one to two degrees when the offence is racially or religiously aggravated or motivated.
To date, aggravating factors were limited to offences against a person.
Another provision will also make it an offence for anyone to condone, deny or trivialise genocide, crimes against humanity and war crimes. One of the sub-articles provides for corporate criminal liability in circumstances where the offender is an employee.
The court will have the power to sentence offenders up to 18 months' imprisonment and to close down an establishment used for the offence.
Amendments will also be made in connection with sea piracy in light of the re-emergence of this phenomenon in the Indian Ocean.
Any person guilty of piracy under this article shall be liable to hefty punishments, including life imprisonment.