Cap. 113 чл. 11Penalties.

(1) Where it appears prima facie to the Speaker that a person, whether a Member of the House or not, has committed any of the acts referred to in subarticle (4), he shall, refer the matter to a committee set up in accordance with article 7 and to be styled

Committee of Privileges. The term "prima facie" shall mean that a complaint raised alleges a breach of a rule set out in this Ordinance or in the Standing Orders of the House of Representatives or any resolution approved by the House of Representatives in relation to the acts referred to in the said subarticle (4), and shall in no case mean or imply an expression of guilt or innocence.

(2) The Committee shall be delegated with powers to examine the evidence contained in article 6 with respect to the examination of witnesses and experts, documents or reports and the chairman shall be empowered to administer the oath or affirmation in accordance with article 7.

(3) The Committee shall, after having made such examinations as it deems fit and, where possible, after hearing the person allegedly committing the acts, report to the House recommending that:

(a) the House authorizes the Speaker to order the executive police to bring the person who allegedly has committed such acts before the Court of Magistrates (Malta), which shall have jurisdiction accordingly; and that Court shall have no such jurisdiction unless an order as aforesaid has been made by the Speaker; or

(b) the House resolves that the acts so committed would be adequately punished with an admonition, and in such case such person shall be admonished by the Speaker.

(4) The following shall constitute offences against this Ordinance, that is to say:-

(a) any act or contempt of the authority of the House by words or gestures committed by any witness or by any other person in the presence of the House or of a Committee of the House;

(b) any insult or disrespect to the person of the person presiding the meeting of the House or any of its committees and any insult or disrespect to a Member of the House even if such Member be not present at the time of the insult or disrespect, when in either case the directions made or given by the House relating to the admission of strangers to the Chamber of the House and their behaviour therein;

(d) any assault upon, obstruction or insult of a Member while on his way to or from the House or on account of his conduct in the House, or any endeavour to compel a Member by force, insult or menace to declare himself in favour of or against any proposition or matter pending or expected to be brought before the House;

(e) the sending to a Member of the House of any threatening letter respecting his conduct in the House;

(f) any assault upon, interference with, or resistance to an officer of the House while in the act of performing, or on account of having performed his duty;

(g) the creation of or participation in any disturbance in the House or in the vicinity of, or within the precincts of the Chamber of the House while the House is sitting, whereby the proceedings of the House are or are likely to be interrupted;

(h) any tampering with, deterring, threatening, beguiling or in any way unduly influencing any witness in regard to evidence to be given by him before the House or any Committee thereof;

(i) the presenting to the House or to any Committee thereof of any false, untrue, fabricated or falsified document with intent to deceive the House or that Committee;

(j) the publication of any defamatory libel on the Speaker or any Member touching anything done or said by him as Speaker or as a Member in the House or in a Committee thereof;

(k) the wilful or reckless publication of any false or perverted report of any debate or proceedings of the House or a Committee thereof.

(5) Without prejudice to any higher punishment laid down in the provisions of any other law, any person who commits any of these acts referred to in subarticle (4), shall be guilty of an offence against this Ordinance and shall on conviction, be liable to the punishment of admonition or to imprisonment for a term not exceeding six months or to a fine (multa) of not more than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to both such fine and imprisonment.

(6) For the purposes of this article: "publication" means any act whereby any printed matter is or words or images are in fact received by any person.

(7) A person shall be deemed guilty of the acts mentioned in article (4)(j) and (k) if the publication referred to in article (4)(j) and (k) consists in the publication of such defamatory libel, false or perverted report, in printed form in Malta, or in the distribution in Malta of such printed matter containing such defamatory libel, false or perverted report from whatsoever place such printed matter may originate, or in any broadcast from any place in Malta or any place outside Malta of any such defamatory libel, false or perverted report.

(8) In the case of a person guilty of an act mentioned in article (4)(j), the court may in addition to the punishments established in subarticle (3), order in the case of a newspaper that in a subsequent issue thereof, not later than the next but one, and in the case of a broadcasting medium that on the day immediately following that on which the order is given, the judgement whereby the accused is found guilty of such act, be published or broadcast as the case may be, free of charge in the same language in which the offence was committed; and if at the time such judgement or immediately thereafter the newspaper has ceased publication or the broadcasting medium has ceased to operate, or in the case of any other publication, the court may in the order or in a subsequent order, order that the judgement be published or broadcast at the expense of the person so found guilty in another newspaper or on another medium within a period not exceeding one month.

(9) In the case of persons found guilty of an act mentioned in article (4)(k), the court may in addition to the punishments established in subarticle (5) order that the offender publish, at such date and time as the court may establish, free of charge, in the same newspaper or on the same broadcasting medium as the case may be, a statement by way of contradiction or explanation.

(10) Default of compliance with an order made under subarticles

(8) and (9) shall be deemed to constitute an offence against this Ordinance and subject to the same penalties as provided in subarticle (5).

(11) Any person who is an accomplice in any of the acts mentioned in article (4)(a) to (k) shall be deemed to be guilty of the same acts and shall be liable to the penalties laid down in the said subarticle.

(12) Notwithstanding the foregoing provisions of this article, the House may punish with an admonition any person who in the presence of the House commits any act of indiscipline and may order that such person shall not be allowed to attend meetings of the House as a stranger for such period as the House may determine, being a period not beyond the last day of the session of the House in which such order shall have been given. the conduct of its members and order during its proceedings.