Act No. XXXVII of 2016 : tolerating a morally sick society?

Abstract

There is no assumption behind the title of this dissertation. There is also no assumption that the laws regulating pornography in Act XXXVII of 2016 are morally wrong. The seed of this dissertation was irritation at the question that is normally asked whenever the subject of pornography is raised: - the question of morality. Such a question is very easy to ask but not that easy to answer. In this dissertation a thorough analysis of the law as it is found in Maltese law is carried out with the help also of local jurisprudence. Furthermore, a comparative law exercise is carried out to analyse the approach taken by England and Wales and Canada. One has also to answer the question whether there are or could be any limitations to the right to freedom of speech. Reference will be made to the Constitution of Malta and the European Convention on Human Rights in this regard. This is done with specific reference to Article 10 of the European Convention on Human Rights and Article 41 of the Constitution of Malta. Furthermore, social and philosophical studies will be used as an aid. This dissertation was carried out to analyse whether pornography has any effect, if at all, especially the possible harmful effect in particular on women. A broad analysis of scholarly literature was undertaken to seek to find any gaps in the law and eventually recommended how the law could be better amended.