MALTA Law and Practice Contributed by: Karl Tanti and Christine Borg Millo, AE Legal
or safety warnings, for instance, may be necessary in accordance with the applicable legislation. 2.8 Other Regulated Claims It is important to note that the complex nature of advertising leads to a variety of claims, each depend - ent on the specific subject matter and issues involved. 3. Limitations and Special Laws 3.1 Representation and Stereotypes in Advertising While no special laws or regulations apply, advertising law in Malta specifically prohibits discrimination on the basis of gender, race or ethnic origin, nationality, religion or belief, disability, age or sexual orientation. In practice, this means that advertisements in Malta must not exploit or perpetuate negative gender ste - reotypes, racial bias, or discriminatory portrayals that could harm the dignity of individuals or groups. 3.2 Children Advertising to children and young people is addressed in most regulations pertaining to advertising in Malta. The Broadcasting Act and Malta’s transposition of the Audiovisual Media Services Directive (AVMSD) set strict limits on how children can be targeted in advertisements. Broadly, advertising must not exploit the credulity, inexperience, or sense of loyalty of minors, nor may it encourage them to pressure parents or guardians into making purchases. The Consumer Affairs Act also further prohibits directing advertisements towards children to buy advertised products or persuade their parents or other adults to buy advertised products for them. Ads aimed at children must also avoid content that could cause physical, mental, or moral harm, and unhealthy lifestyle promotions (such as junk food) are subject to tighter scrutiny when placed during pro - gramming likely to be watched by minors. The Broadcasting Code for the Protection of Minors (S.L. 350.05) further elaborates on this aspect. This addresses a vast array of restrictions intended to spe - cifically protect minors from the effects and influences
of advertising, minimising the exposure and impact advertisement may have on minors. 3.3 Dark Patterns Under the Consumer Affairs Act, the Commercial Code and the Unfair Commercial Practices Directive (2005/29/EC), any design feature in advertising or online platforms that misleads, manipulates, or sig - nificantly impairs a consumer’s freedom of choice is considered an unfair commercial practice and there - fore prohibited. At EU level, the Digital Services Act (DSA), directly applicable in Malta since February 2024, also address - es manipulative online practices by restricting the use of dark patterns on online platforms. Furthermore, the upcoming Digital Fairness Act (DFA), expected to be proposed in 2026, aims to specifically modernise con - sumer law to ban manipulative design techniques in advertising and marketing. In the Broadcasting Act, advertising that is not imme - diately recognisable as an advertisement, and con - sequently might mislead the public as to its nature is considered surreptitious and prohibited. Likewise, subliminal advertising techniques are also prohibited. 3.4 Sponsor Identification and Branded Content The Broadcasting Act mandates that viewers must be clearly informed about the existence of any sponsor - ship agreement or branded content, by a commercial entity that may exist. The Broadcasting Act further requires that sponsor - ship agreements for programmes must be transpar - ently disclosed to viewers. Such programmes should clearly display the sponsor’s name, logo, or other identifying symbols. Additionally, references to the sponsor’s products or services can serve as distinc - tive markers. 3.5 Special Rules for Native Advertising Native advertising is subject to the same transpar - ency and fairness obligations that apply to all forms of advertising, but with added emphasis on clear dis - closure to avoid misleading consumers.
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