MALTA Law and Practice Contributed by: Karl Tanti and Christine Borg Millo, AE Legal
constrained posts, to prevent consumer deception and potential enforcement actions. 5.4 Requirements for Use of Social Media Platforms In Malta, there are no platform-specific bans, and all major social media platforms are legally permitted for use by individuals and businesses. However, advertis - ers and content creators using these platforms must comply with general Maltese and EU laws governing advertising, consumer protection, and online disclo - sures. 5.5 Influencer Campaigns and Online Reviews 5.5.1 Special Rules/Regulations on Influencer Campaigns Influencer campaigns are not directly regulated under Maltese law; however, depending on the advertising medium, the relevant legislation will apply. As a result of the Consumer Affairs Act, it is expected that influ - encers and/or brand ambassadors should disclose any connections with the brands or clients being endorsed. All information provided must be truthful, accurate and transparent and any endorsements must be genuine. In addition, all forms of advertising by influencers or brand ambassadors must comply with the regulations governing the relevant products or services, while tak - ing particular care to avoid misleading the average consumer or causing any negative impact on minors. 5.5.2 Advertiser Liability for Influencer Content The Civil Courts shall impose a penalty upon any per - son who is found to have infringed a provision of the Consumer Affairs Act or any regulation made there - under for each infringement. No distinction in this regard is made between the influ - encer and/or advertiser. Both have an obligation not to contravene the rights of the consumer under the Consumer Affairs Act. 5.5.3 Consumer Reviews The solicitation and use of consumer reviews is sub - ject to the general consumer protection framework, primarily under the Consumer Affairs Act, which implements the EU Unfair Commercial Practices
Directive (2005/29/EC). Advertisers must ensure that reviews are authentic, accurate, and not misleading. This means that fake reviews, incentivised reviews without disclosure, or manipulated testimonials that misrepresent the product, or service can constitute misleading advertising and expose the advertiser to regulatory enforcement. Under the Consumer Affairs Act, making persistent and unwanted solicitations by telephone, fax, email or other remote media except in circumstances and to the extent justified under national law to enforce a contractual obligation is considered an aggressive commercial practice and not permitted. This is without prejudice to the Data Protection Act (Cap. 586) and the Processing of Personal Data (Electronic Commu - nications Sector) Regulations (S.L. 586.01). Under the same Act, where a trader provides access to consumer reviews of products, information needs to be provided about whether and how the trader ensures that the published reviews originate from con - sumers who have used or purchased the product. It is a misleading commercial practice to state that reviews of a product are submitted by consumers who have actually used or purchased the product without taking reasonable and proportionate steps to check that they originate from such consumers. Advertisers are expected to implement reasonable procedures to detect and remove fake, fraudulent, or misleading reviews promptly. Failure to do so may result in actions by the MCCAA, including fines, enforcement orders, or reputational consequences.
6. Privacy and Advertising 6.1 Email Marketing
Email marketing is strictly regulated under the GDPR and the Electronic Commerce Regulations (S.L. 426.02). Organisations must obtain explicit, freely given, and informed consent from recipients before sending marketing emails, meaning individuals must actively opt in (pre-ticked boxes or assumed consent are not valid). Every marketing email must include a clear and straightforward way for recipients to opt out or unsubscribe from further communications.
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