Malta To Criminalise ‘Offending’ People Online In New Cyberbullying Law
Malta could soon criminalise the act of “offending” people online through a bill intended to clamp down on cyberbullying and cyberstalking.
The law, tabled in Parliament by Justice Minister Edward Zammit Lewis, introduces new definitions in the Criminal Code for “cyberstalking” and “cyberbullying”.
Cyberstalking is defined as “stalking a person by contacting [them]” through the use of an electronic device, causing an unauthorised computer function in someone else’s computer, and tracing another person’s internet use.
Cyberbullying is legally defined as “threatening, intimidating or using abusive or offensive words” to someone via an electronic device, or “performing abusive or offensive acts” to someone through electronic means.
People found guilty of either offence will be liable to a jail term of between one and five years, to a fine not exceeding €30,000 or to both jail time and a fine.
The section of the bill which deals with cyberstalking states that it shall be a defence for the accused to prove that their behaviour was carried out without malicious intent in the normal course of their business or for the purpose of discussion on public affairs.
However, there is no such clause in the section of the bill which deals with cyberbullying and neither is there a legal definition on what should be constituted as “offensive”.
This was flagged by PN MP Therese Comodini Cachia in a parliamentary debate today, with the politician warning it could effectively see criminal libel reintroduced under the guise of cyberbullying.
Justice Minister Edward Zammit Lewis said that while people have a right to express themselves freely online, the government cannot ignore the harmful effects of cyberbullying and cyberstalking, which can even drive people to suicide.
The bill passed the second reading, with both government and opposition MPs voting in favour.
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