MALTA Law and Practice Contributed by: Karl Tanti and Christine Borg Millo, AE Legal
1.7 Self-Regulatory Authorities In Malta, advertising is primarily regulated through statutory bodies, but there are also self-regulatory and co-regulatory authorities that complement formal enforcement. The Malta Chamber of Commerce, Enterprise and Industry, for instance, issues codes of ethics and best practice guidelines that apply to its members, includ - ing businesses, advertisers, and marketing agencies. These codes establish standards of fairness, honesty, and responsibility in commercial communications. While the Chamber does not have statutory enforce - ment powers, it can handle complaints, mediate dis - putes between members and consumers, and take disciplinary action against members who breach the standards. Sector-specific industry associations also play a self- regulatory role in Malta. For example, the alcohol and beverages industry has voluntary codes aligned with EU standards that govern responsible marketing, ensuring that advertising does not target minors or promote excessive consumption. Similarly, associa - tions in the food and retail sectors maintain codes of practice related to promotional claims, nutrition, and labelling. These bodies typically manage compli - ance through internal review processes and complaint handling, and remedies often include withdrawal or amendment of the advertising, publication of correc - tive statements, and reputational accountability within the industry. In addition, professional advertising and marketing bodies in Malta adopt voluntary standards based on principles from the European Advertising Standards Alliance (EASA). These principles cover truthfulness, decency, transparency, and social responsibility in advertising. Compliance with these standards is vol - untary but often incorporated into professional or con - tractual obligations for marketing and PR agencies. 1.8 Private Right of Action for Consumers Consumers can challenge advertising practices through a private right of action against businesses or entities that engage in misleading advertising that harms their interests. The Consumer Affairs Act pro - vides the legal framework for such challenges.
The Consumer Claims Tribunal has been established to hear and determine consumer claims that do not exceed EUR10,000, and where the claim relates to, arises out of or concerns, whether directly or indi - rectly, the purchase or hire of goods by a consumer from a trader or the provision of services by a trader to a consumer. Larger claims must be heard by the Civil Courts of Malta. Action may also be sought by means of the Complaints and Conciliation Directorate, within the MCCAA. Prior to the registration of such complaints, all efforts must be made to reach an amicable solution between the parties in dispute. Failing this, a complaint can be filed with the MCCAA. The MCCAA will evaluate the merits of the claim and inform the trader of their legal obliga - tions. If an amicable solution is not reached, the con - sumer may then submit a claim before the Consumer Claims Tribunal. 1.9 Regulatory and Legal Trends Regarding important legislative reform, the proposed Digital Fairness Act (DFA) represents the European Commission’s response to the growing gap between traditional consumer protection laws and the reali - ties of the digital marketplace. Current EU rules in force were designed for a pre-digital world and do not adequately address online environments shaped by algorithms, manipulative interfaces, deceptive sub - scription models, and influencer marketing. The DFA is intended to complement the Digital Services Act (DSA) and Digital Markets Act (DMA), focusing specifi - cally on the position and rights of individual consum - ers. However, the proposal is expected in 2026, with legislation likely to apply following 2027 or 2028. In case actions regarding deceptive advertising, the MCCAA has initiated legal proceedings against Melita Limited over alleged unfair commercial prac - tices related to a price increase announced in August 2024. The case, filed in the First Hall of the Civil Court (Commercial Section) on 3 April 2025, follows an investigation prompted by consumer complaints. The MCCAA contends that Melita’s communications and contract changes may have misled consumers, particularly because customers were not offered the option to retain their existing service at the previous rate, despite being able to terminate or switch plans.
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