Clause 64 of Bill No 45, the Various Laws (Criminal Matters) (Amendment) Act, 2010 – published in The Malta Government Gazette of 12 February 2010 – is proposing the addition of a new provision to the Arms Act. It deals with toys in the shape of guns. The new provision, article 55A, if adopted by the House of Representatives, will read as follows:

'55A. (1) No person shall sell, or offer for sale, toys in the shape of firearms, arms proper, ammunition or knuckle dusters.

(2) Whosoever shall contravene the provisions of sub-article (1) shall, on conviction, be liable to a fine (multa) of not less than twenty-five euro and not more than four hundred and fifty euro.

(3) The provisions of article 41 and 64 shall not apply in relation to offences under this article.'

What is new about this provision? No much really. This provision was introduced by section 12 of Act No. XXXV of 1986 as section 22A of the Arms Ordinance. When the Arms Ordinance was repealed by the Arms Act, Act No. XIV of 2005, now chapter 480 of the Laws of Malta, section 22A of the Arms Ordinance – for some unknown reason – was not carried forward in the new law.

Clause 64 of Bill No 45 will drastically alter this situation. The provision which was introduced by Act No. XXXV of 1986 is now being proposed to be reintroduced into the Arms Act. This means that this provision in question has not been in force since the date of the repeal of the Arms Ordinance to date. It is very strange indeed why a provision intended to protect vulnerable persons such as children had not been included in the Arms Act. Perhaps the competent authority could enlighten us on the reason why this was so.

Notwithstanding the omission, the Government who is taking the opportunity to rectify this matter, should be commended for proposing the re-introduction of such a provision prohibiting toys in the shape of arms.

On the same subject it should be pointed out that notwithstanding the repeal of the Arms Ordinance and section 22A as introduced in 1986, in so far as broadcasting is concerned, the Broadcasting Code for the Protection of Minors, 2000, contains a provision in article 20(f) which reads as follows:

'20. Any situations where minors are to be seen or heard in advertisements shall be carefully considered from the point of view of safety. It should be borne in mind that in some circumstances, bad examples by adults may encourage emulation by minors. Circumstances to be avoided include the following:

…

(f) advertisements shall not depict toy weapons which are realistic (whether in size, shape or colour) and which can be confused with real weapons.'

Toy guns tend to glorify war and legitimise violence. Society should, on the contrary, emphasise in child education and child play the propagation of the virtues of peace. On an international plane, reference must be made to an international convention – the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict of 25 May 2000 – which prohibits children from being recruited as soldiers. Unfortunately, the mass media today tend to churn out several films which depict violence as a way of life instead of imbuing in children the ideal of peace. Toy guns contribute to this macho culture and hence their negative effect on children should be curtailed by law.

1st April 2010