Social media was buzzing these last few days over a controversy that seems to have arisen due to the fact that an individual was fined by law enforcement officials for not wearing a face mask during a picnic in a public place.

As the Law stood on that day – specifically through Legal Notice 402 of 2020, which came into force on 17 October, 2020 - that was indeed the case. Funnily enough, although this same Legal Notice had been in force for the better part of four months, it is only after this incident (and after a million social media posts about it) that the same Legal Notice was dissected under a microscope and amended by virtue of Legal Notice 82 of 2021, which came into force on 9 March, 2021. 

So what does the law currently say about wearing face masks?

The main points of the law are now quite clear and require no extensive examination in order to be properly understood.  These are as follows: 

What does the law cover?

Although the title of the Legal Notice refers only to medical or cloth masks, visors are also mentioned in the body of the same law and therefore are taken to be included in the same. 

Where is a person obliged to wear a medical or cloth mask or visor according to Law?

As soon as a person steps out of his/her residence, the obligation to wear a medical or cloth mask or visor immediately comes into play, notwithstanding whether the destination of that same person is going to be indoors or outdoors. 

How is a medical or cloth mask to be worn?

We have seen many styles in terms of how masks are being worn by individuals, whether leaving one’s nose out or in any other similar fashion. But the law also explains how a medical or cloth mask must be worn – it has to be worn in such a manner that covers the nose, mouth and chin of a person. Any other way will breach the law as it stands. 

What and who are the exemptions to the general rule that a person must wear a medical or cloth mask or visor as soon as he/she steps out of their homes? 

i)                When a person is inside a private home.

ii)               When a person is inside a private vehicle.

iii)              Children of up to 3 years of age.

iv)              People with severe cognitive, physical, mental or respiratory impairments. If this is the case, such persons must carry with them at all times a certificate issued by a licensed medical practitioner exempting them from wearing a mask.

v)               Children attending kindergarten, whilst they are in the classroom.

vi)              During high intensity physical activity.

vii)             Whilst speaking or providing assistance to any individual who relies on lip reading to communicate.

viii)            During official public speaking. A distance of at least 2 meters between individuals must be observed. Also it is important to note that according to law, delivery of lessons or lectures in school, universities or other education establishments are NOT construed as being “official public speaking” and therefore during the same, a mask must also be worn.

ix)              In cases where it is requested for identification purposes. This would be the case in banks, at the airport or seaport or by law enforcement officials. The emphasis is on the “requested” part – thus one cannot automatically take off their face mask in a bank, airport or seaport unless they have been requested to do so for identification purposes by officials of the same establishments.

x)               To receive any medical or cosmetic treatments involving the face or mouth.

xi)              To take medication.

xii)             When seated at establishments where food or drink is served. This is now technically obsolete given that there is a restriction in place whereby all restaurants, kiosks and the likes are now closed and only takeaways and deliveries from the same are allowed.

xiii)             When necessary during the consumption of food or drink. This is only permissible however while a person is stationary, and is not walking.

xiv)             When smoking lit tobacco products. This is only permissible however while a person is stationary, and is not walking. 

Is one allowed to take off their mask during a picnic held in an open, public space?

Yes, it is now permissible to take off one’s mask in order to consume food or drink in public. However it is important that when doing so, one is stationary, and is not walking. This is because according to the newly amended Legal Notice, the temporary removal of face masks is not permissible whilst a person is walking. 

Is one allowed to take off their mask in order to smoke outside?

Yes, it is now permissible to take off one’s mask in order to smoke. However it is important that when doing so, one is stationary and is not walking. This is because according to the newly amended Legal Notice, the temporary removal of face masks is not permissible whilst a person is walking. 

What are the penalties to be imposed should one be convicted for breaching this Legal Notice?

The penalty is that of €100 for each and every breach of the Legal Notice. If however there is an admission of guilt and the penalty is paid before proceedings are commenced against the person in question, then the penalty ahall be reduced to €50 instead of €100.

Dr Nadia Attard LL.D is an advocate