New measures to protect children from exploitation
The government is introducing tough new measures to protect children from exploitation, including child porn.
Justice and Home Affairs Minister Carm Mifsud Bonnici said today that the changes target participation by children in sexual acts with other persons, the enticement of children to take part in or be present for sexual activities and child porn. In such cases, the prison term is being raised to up to five years.
He said the law will include a better definition of indecency, including photos and audio visual material.
He said that all Maltese citizens or persons in Malta who produce, allow the production of, or are involved in the distribution of indecent material involving children will be committing a crime and be subject to imprisonment for between 18 months and five years.
Conviction for the possession of child porn will carry a prison term of up to three years. That includes scenes of bestiality, brutality, sadistic acts and torture involving children. The prison term increases in certain instances.
Enticement of children to prostitution, through the internet will, on conviction, be liable for a prison term of between 12 months and two years.
Dr Mifsud Bonnici said that in this context, the legal definition of vulnerable persons will include all people under 15 years old, all those who suffer from some sort of physical or mental disease and other categories as defined by the courts.
He said that the punishment will increase when it is shown that the enticement of children, through the internet, to commit a crime involves vulnerable persons and when the crime results in physical or mental harm. There will also be increased punishment when more people are involved in the commission of the crime and when the crime is committed against persons protected by the Domestic Violence Act.
Convicted people may also be ordered not to perform any duties near children,
BAN ON TOY GUNS
Among other amendments, Dr Mifsud Bonnici said there will be a ban on the sale of toy guns.
There was a better definition of the crime of the illegal trafficking of children.
Furthermore, an action which causes the involuntary death of more than one person will henceforth be subject to a higher punishment than had there been one victim.
The law is also being amended to improve the definition of the crime of illegal possession, distribution or use of radioactive material.
Dr Mifsud Bonnici also announced higher fines for traffic violations (see separate story).
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MARK MIFSUD BONNICI
Feb 13th 2010, 02:38
Wake up to reality. Who needs toy guns when in an hour at PlayStation kids can kill more people then all those killed during the second world war.
Gun related violence in films, television and games is what needs to be banned, as this is what conditions children to the possible misuse guns. Guns at an appropriate age are a source of leisure as can be witnessed by the various Olympic disciplines. Clay pigeon and target shooting being most popular as is the use of guns in hunting.
Does the minister expect to be congratulated for such nonsense. This farce is as stupid as proposing a ban on sweets for children since these cause tooth decay. it is proper education on the misuse of weapons or about the harm of eating sweets that needs to be taught to our children.
Incidentally what is the penalty for a child carrying a toy gun and do toy guns also include water pistols, Can the minister please tell us? Since I do not consider my kids having a whale of a time wetting themselves with water pistols as any form of premeditated murder!!!
Joseph Schembri
Feb 12th 2010, 20:49
JF Grech: Can you explain to me why it is "sick" for a 60 year old man to have sex with a 16 year old girl/ woman? Remember that the law in Malta allows marriage of 16 year olds to anyone of the opposite sex of any age. Was it sick / pereverse for 70 year old Berlusoni when he cavorted round with 17 year olds? I asked a psychiatrist friend about this and his reaction was that it would be actually not normal for a 70 year old man not to feel sexually attracted towards a shapely and fully developed 17 year old. The word 'perverse' and 'sick' are used by people (usually women who are past their prime) who are jealous of the attention men give to younger women. The reverse is also sometimes true. If you have ever watched trashy American comedies (which are nonetheless a relflection of real life) you will know what MILF means.
Joseph Schembri
Feb 12th 2010, 20:37
Age of consent is not an imaginary fixation of mine, JF Grech, Just look in the back issues of the Times. From last year alone I can remember 3 cases of Men who were aged 18 - 21 being accused of defilement of minors because the girls they had consensual sex with those under 18. But for the most scandalous is the judgment of a couple of months ago where a 60 year old men was sent to prison for having had sex with a 17 year old male prostitute. Have you heard of 'ageism'? Stop imagining all younger people as 'innocent' lambs. When I was a first year university student I had a girlfriend who was in her last year of secondary school. 'Kienet iddahalni fil but u tohrogni'. I am saying this here because I happen to know that her circumstances now won't allow her to do this but if she wanted to she can send me to prison. I am a decent person and other decent people like me and you can end up in prison.
Richard Scotto
Feb 12th 2010, 19:31
So now kids cannot play at cowboys and Indians,cops and robbers or whatever the modern equivalent is! We used to play with toy guns when we were young and none of us grew up to be homicidial maniacs.(plus it was very good exercise,sorely needed by today's children).This Nanny State mentality throws us to the dark ages when it was the government to decide instead of the parents what kinds of toys are to be played with.There is absolutely no causal effect between type of toys played with and later adulthood criminality!Criminality is mostly due to an antisocial personality disorder which cannot be eradicated by feel good legislation.
JF Grech
Feb 12th 2010, 15:58
@ Joseph Schembri What is this fixation with the age of consent as being draconian in Malta?Those who some how feel that it should be substantially lowered must consider the overall implications. Having it as low as 14, 15, or 16 means that these children(and I say children based on the article yesterday siting 3 under 15 year olds in prison as children)have no legal protection against much older adults who would prey on their youth and vulnerability.Stop siting the scenarios of 17 year olds and 21 year olds-this is why we have judges there to make proper decisions.With a changed law there would be no legal grounds for a parent to protect a minor child against say a 30 year old,40 year old,or 50 year old?How disgusting a society we are to not think it morally wrong for a 40 year old to have sex with a 14 year old no matter how willing they are.As for the toy gun ban - you have got to be kidding?We made guns out of sticks and wood-who cares about toys-you need only imagination.This is just a public relation decision.
Roderick Micallef
Feb 12th 2010, 15:54
It seems that this ministry is making it a point to make it's voice well heard however most points in this article make me wonder, this is a country that has and is still debating censorship which in my opinion is an absolete topic for obvious reasons and this applies for most of these 'new' measures and here is why :- 1. Ban on sale of toy guns? That means locally but any one can buy most things on internet and get it delivered locally so what's the point exactly? 2. Will we be banning the fake guns and keep the REAL ones? If we are only after the toy guns then this makes it a childish move. 3. The conviction for the possession of child porn makes sense, this material is even banned from the internet officially however this includes scenes of bestiality, brutality, sadistic acts. Most (especially internet users) know that anyone can easily pay a subscription (or not even) and get access to bestiality, brutality, sadistic acts and more so now what, will the ministry be banning the internet as well? 4. It is also important to point out that most content is online, no evidence!
Charles Sammut
Feb 12th 2010, 14:53
"Among other amendments, Dr Mifsud Bonnici said there will be a ban on the sale of toy guns."
Dr Carm Mifsud Bonnici is still living in the 1970s. Children don't play with toy guns any more. Video games are far more realistic and you get to shoot hundreds of people at each sitting, run down old people with your 3 ton American car, set up drug cartels, bomb the hell out of the natives, the possibilities are endless.
And CMB is banning toy guns! Do I laugh or do I cry?
Alfred Bugeja
Feb 12th 2010, 14:46
@ Joseph Schembri
Did you bother to read the article? If my eyes arn't failing me, the age of 15 is used to define a vulnerable person, not a minor.
"the legal definition of VULNERABLE persons will include all people under 15 years old"
louise vella
Feb 12th 2010, 14:23
When is the Maltese parliament going to pass a law to impose compulsory reporting to civil authorities by institutions, including the Church, of any person suspected of child abuse within the institution and to prosecute officials of organizations/institutions for covering up sexual abuse of children?
In many serious countries the bishop who gets to know that one of the priests under his authority has committed a crime (such as child abuse), has the legal obligation to report him to the civil justice system - otherwise he is condemned by law for failing in his civic duty. But
not in Malta.
Let us keep in mind that the law must first and foremost protect the most vulnerable members of society and that the sexual abuse of children is not only a sin (to be dealt with by the Church) but also a crime (to be punished by the State).
Jesmond Micallef
Feb 12th 2010, 13:40
Apart from the very obvious implications of mistreated childhood or even childhood trauma, there are indeed couples who wish to have children of their own out of love, but due to some whatever reason they cannot. They have options off course, make it expensive biological techniques but also through legal adoption (not easy and niether low on costs !!). There also parents who will do anything in their power to see their children healthy and free from sickness. We read of stories, such as those cases brought forward during the L-istrina campaign..............!!
Well done to the Justice and Home Affairs Ministery.
With my very best wishes.
Joseph Schembri
Feb 12th 2010, 13:33
Ramon but don't you see that all these are just populist measures? I too played with toy guns when I was young but grew up to hate not only guns but also hunting. One must remember that some years ago the age for carrying of real guns by hunters was lowered from 21 to 18.
No one is going to protest about a ban on toy guns but it will make the Minister look oh so in favour of the protection of innocent children.
M. J. Mallia
Feb 12th 2010, 13:30
So there's a ban on toy guns, and yet there are primary schools with no form of parental control on the computers used for IT lessons. Children there have been known to access the most awful and inappropriate game sites, inappropriate You Tube, etc.
Maybe the Minister for Education should make it a priority for all schools - be they government, private of church-run - to have restricted internet access. The ban on toy guns I can understand, but surely, in this day and age, the minister responsible realises that there are far greater dangers to our children.?
Ramon Casha
Feb 12th 2010, 13:19
"Among other amendments, Dr Mifsud Bonnici said there will be a ban on the sale of toy guns."
This really makes no sense! We're banning toy guns for kids a short time after making it easier for adults (eg. the kids' parents) to own real ones.
All through my childhood I played with toy guns (anything from a plastic gun to a bent stick) and it did not lead me to kill anyone. Is there any reliable evidence that playing with toy guns has any detrimental effect at all?
Joseph Schembri
Feb 12th 2010, 12:58
So well and good if by children the Minister means people under 15. But the definition of a minor in Malta is not 15, as it is in most European countries, but 18. So if the age of consent law is not being amended these are but draconian measures that will only serve to increase the prison population. There is an article here about age of consent and sex in Malta: http://malta-exposed.blogspot.com/
Joseph Schembri
Feb 12th 2010, 12:57
So well and good if by children the Minister means people under 15. But the definition of a minor in Malta is not 15, as it is in most European countries, but 18. So if the age of consent law is not being amended these are but draconian measures that will only serve to increase the prison population. There is an article here about age of consent and sex in Malta: http://malta-exposed.blogspot.com/