MALTA Law and Practice Contributed by: Karl Tanti and Christine Borg Millo, AE Legal
and cannabis-related organisations are not permitted to advertise their activities in any form. 10.2 Product Placement Product placement within entertainment content is regulated primarily under the Broadcasting Act and related subsidiary legislation. Any advertising conducted through product place - ment must be clearly and unambiguously disclosed to viewers. Disclosure should occur at the beginning and end of the programme and immediately after any advertising breaks to ensure that viewers are aware that a commercial arrangement is in place. The purpose of these requirements is to ensure trans - parency regarding the commercial nature of the con - tent. Any references to the trader’s commitments, motives for the commercial practice, or the nature of the sales process, whether direct or indirect, must be presented clearly. Symbols or statements indicating sponsorship, approval, or endorsement of a product must not be misleading and should accurately reflect the commercial relationship. Special care must be taken when the programme’s audience includes minors. Product placement of cer - tain products (such as alcohol, tobacco, or gambling) may be restricted or subject to additional rules to pro - tect younger viewers. Products placed within the content should not be given undue prominence or be promoted in a way that undermines the editorial independence of the programme. All product placement must still comply with general consumer protection and advertising regulations, including the Consumer Affairs Act and any sector- specific rules for regulated products.
consumers about the chances of winning. Promotions, including bonuses, prizes, or odds, must be transpar - ent, and all advertising should comply with principles of responsible gambling. Aggressive or excessive market - ing practices are prohibited, and operators are required to ensure that advertising content is fair and accurate. Cosmetics and Personal Care Products Cosmetic advertising in Malta is governed by EU Regu - lation (EC) No 1223/2009 on Cosmetic Products, which requires that all claims be truthful, substantiated, and not misleading. Advertisements cannot imply therapeu - tic or medicinal effects unless the product is classified and authorised as a medicinal product, in which case stricter regulations apply. Marketing materials must accurately represent ingredients, usage instructions, and product benefits to avoid misleading consumers. Adult Entertainment and Pornographic Services Advertising of adult content is heavily restricted. Pro - motional material cannot be directed at minors, and placement in mainstream media or public spaces is generally prohibited or limited. Advertisements must also comply with the Consumer Affairs Act and Broad - casting Authority standards, ensuring that content is not misleading or coercive, and that adult services are marketed responsibly. Financial Services and Investments (including Cryptocurrency and NFTs) Marketing of financial products, investment schemes, cryptocurrencies, and NFTs is tightly controlled. Under the Malta Digital Innovation Authority Act, the Virtual Financial Assets Act, and MFSA financial promotions rules, advertisements must clearly disclose risks and cannot imply regulatory endorsement without authori - sation. Misleading statements about returns, security, or regulatory approval are strictly prohibited. Energy Products, Environmental, and AI-Related Claims While less regulated by legislation, advertisements for energy products, environmental claims, and AI- powered services are subject to consumer protection and anti-misleading advertising rules. Claims about sustainability, AI capabilities, or energy efficiency must be accurate, substantiated, and not exaggerated, in line with Consumer Affairs Act principles.
10.3 Other Products Gaming and Gambling
Advertising of gambling products, including lotteries, online casinos, sports betting, and raffles, is strictly regulated under the Gaming Act and the oversight of the MGA. Advertisements must not target minors or vulnerable individuals, and they must not mislead
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