Prohibition of Publication of Information concerning Adoptions
I would like to draw your attention to the provisions of article 128A of the Civil Code which was added to this Code very recently by means of amendments made to the Civil Code by article 41 of Act IV of 2008, the Adoption Administration Act, now Chapter 495 of the Laws of Malta.
The relative text of article 128A of the Civil Code reads as follows:
Prohibition of Publication
128A. (1) No person shall, without the approval in writing of an accredited agency, publish or cause to be published in any newspaper, periodical or any other printed matter or by means of broadcasting, television, public exhibition or by any other means or medium, any advertisement, news item or other matter indicated, whether or not in relation to a particular child, born or unborn, that:
a) a child may be adopted;
b) a person intends to adopt a child; or
c) a person intends or is willing to make arrangements with a view to the adoption of a child.
(2) Unless authorised by the court, no person shall publish or cause to be published in any newspaper, periodical, any other printed matter or by means of broadcasting or television, public exhibition or by any other means or medium, anything related to an application for the adoption of a child or to adoption proceedings including:
a) the name of the applicant or applicants;
b) the name of the person who is or will be adopted;
c) the name of the father, mother, curator or tutor of the child who is or will be adopted; or
d) any matter likely to enable any of the persons mentioned in paragraphs (a), (b) and (c) to be identified.
(3) Any person who contravenes the provisions of this article shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term of not less than three months but not exceeding six months or to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) but not more than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to both.
The above is being brought to your attention for compliance therewith. Kindly circulate to all members of staff and independent production houses.
Dr Kevin Aquilina
Chief Executive
13th October 2008
Ref 51/04