Criminal Code (Cap. 9), article 208

208. (1) Whosoever displays or permits to display any pornographic material in a pub lic place shall, on conviction, b e liable to a fine ( multa ) of not less than one thousand euro (€1,000) and not more than three thousand euro (€3,000). (2) For the purposes of this a rticle, "public place" means any place to which the public have or are permitted to have access, whether on payment or otherwise: Provided that for the purposes of this article a "public place" shall not include a place to which the public are permit ted to have access only on payment which is or includes payment for th e said display, or to a shop or establishment, or to any part of such shop or establishment, to which the public can only gain access by passing beyond an adequate warning notice: Provided further that these exclusions shall only apply where minors are not permitted to enter while the display in question is continuing. (3) This article shall not apply to any material: Cap. 350 (a) that is included by any person in a television broadcasting service regul ated by the Broadcasting Authority within the meaning of the Broadcasting Act ; or (b) included in the display of an art gallery or museum and visible only within the gallery or museum where the organiser of the display has taken reasonable precautions for the prot ection of minors; or S.L. 542.01 (c) included in a film exhibition which is subject to the Cinema and Stage-Age Cla ssification Regulations ; or (d) which otherwise serves the public good on the ground that it is in the interests of science, literature, art or learning or other object s of general concern. (4) For the purposes of this article, material shall include anything capable of being display ed, except that it does not in clude an actual human body or any part thereof and nothing in this ar ticle shall be construed as permitting any show of live and actual se xual activity involving the sexual organs made solely or principally for the purpose of sexual arousal. In determining for the purpose o f this article whether any displayed material is p ornographic: (a) there shall be disregarded any part of that material which is not exposed to view; (b) account may be taken of the effect of juxtaposing one thing with another. (5) A warning notice shall not be adequate for the purposes of this article unless it complies w ith the following requirements : (a) The warning notice must contain the following words, and no others: "WARNING Persons passing beyond this notice will find material on display which they may consider indecent. No admittance to p ersons under 18 years of CRIMINAL CODE [CAP. 9. 105 age."; (b) the word "WARNING" mus t appear as a heading; (c) no pictures or other matter shall appear on the notice; (d) the notice must be so situated that no one could reasonably gain access to the shop or estab lishment, or part of the shop or establishment in question, without being aware of the notice an d it must easily be legible by any person gaining such access. Indecent photographs, films, etc., of persons under age. Added by: III.2002.36. Amended by: L.N. 407 of 2007; XXXI.2007.12; VII.2010.11; Amended by: IV .2014.11; VIII.2015.9; XXIII.2017 .9; LXIV .2021.14.