MALTA Law and Practice Contributed by: Andrew J Zammit, James Bartolo and Nicholas Scerri, GVZH Advocates
6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements Technologies and Services That Fall Within the Scope of the Telecommunications Rules The Maltese regulatory framework is modelled on its European counterpart. It is technology neutral. The primary pieces of legislation that govern telecommunications are the Malta Com - munications Authority (MCA) Act, (Cap 418 of the Laws of Malta) and the Electronic Communi - cations Regulation Act (ECRA), (Cap. 399 of the Laws of Malta). Subsidiary Legislation includes the Electronic Communications Networks and Services (General) Regulations (ECNSR). In terms of the ECRA, undertakings wishing to provide telecommunications services must noti - fy the MCA to obtain a general authorisation. An authorisation is required to operate a telecom - munications network and the provision of tele - communications services. A frequency licence is required for the allocation and use of spectrum. An individual licence or general authorisation is also required for the sale and use of radio equip - ment. The following categories of services need to be notified to the MCA and as such fall within the MCA’s remit: • voice communications services; • internet access services; • television and radio distribution services; • interpersonal communications services; and • services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine-to- machine services and for broadcasting.
An audiovisual media service transmitted by a media service provider falling under the jurisdic - tion of Malta must comply with specific provi - sions of the Broadcasting Act as to the content of its transmissions, as well as other provisions which may be relevant under consumer and press laws. Requirements for Video-Sharing Platform Providers A supplier of a video-sharing website based in Malta is subject to Maltese law. A provider of a video-sharing platform does not need a broad - casting licence as defined under the first head - ing in this section but they must nevertheless notify the MBA in writing by sending a letter to the Chairperson of the MCA that includes the following information: • in the case of a natural person, the name, surname and address, identity card number, passport number or any other identification document as may be accepted by the MCA; and • in the case of a legal person, the name and address of the company and of the registered office. Video-sharing platform providers falling under the jurisdiction of Malta must also comply with specific provisions of the Broadcasting Act as to the content of its transmissions, as well as other provisions that may be relevant under consumer and press laws.
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