MALTA Law and Practice Contributed by: Andrew J Zammit, James Bartolo and Nicholas Scerri, GVZH Advocates
whether such mechanics qualify as gambling under Maltese law, focusing on elements such as monetary value, chance and player out - comes. Operators offering such features may require a licence and must comply with relevant provisions, including those on transparency and player protection. Specific requirements address ensuring fairness, disclosure of odds and the prohibition of deceptive practices. Under the Gaming Act, a “minor” is defined as a person under the age of 18, except in spe - cific instances prescribed under the Act or other regulatory instruments. The Act imposes strict restrictions to protect minors from exposure to gaming activities. It is unlawful to offer, permit, entice, or otherwise enable a minor to participate in gaming activities that are restricted to adults. This prohibition extends to granting access to gaming premises, selling gaming tickets, engag - ing minors in the provision of gaming services, or advertising and promoting such services to minors. Game developers and operators must ensure that their products and services comply with these provisions by implementing robust age verification mechanisms and avoiding themes, content or marketing strategies that appeal pri - marily to minors. Advertising and promotional activities must align with regulatory guidelines, ensuring they do not directly or indirectly target individuals under the legal gaming age. Furthermore, the Act includes a specific provi - sion for land-based casinos, requiring that Mal - tese nationals under the age of 25 be excluded from using casino gaming services, highlighting an additional layer of local age-based restric - tions.
For game developers offering interactive gaming products, compliance with these legal standards necessitates designing content and advertising strategies that respect the protection of minors while ensuring alignment with the Pan European Game Information (PEGI) age-rating system and applicable GDPR provisions. 9.2 Regulatory Bodies The primary regulatory body overseeing the gaming industry in Malta is the MGA, established under the Gaming Act. The MGA is responsible for the regulation, supervision and enforcement of gaming activities, ensuring that all operations within its jurisdiction comply with legal and regu - latory frameworks. Its mandate covers licens - ing, compliance monitoring, player protection and enforcement of gaming standards, including AML and combating the financing of terrorism (CFT) measures. Additionally, certain aspects of gaming opera - tions may fall under the oversight of other authorities, such as the Financial Intelligence Analysis Unit (FIAU) for AML compliance and the Office of the IDPC for data protection and privacy matters. The MGA is vested with extensive enforcement powers under the Gaming Act to ensure compli - ance with regulatory standards. These powers include the following. • Issuing administrative penalties and sanc - tions – the MGA can impose fines, suspend or revoke licences, and issue warnings for non-compliance with licensing conditions or legal requirements. • Conducting investigations – it has the author - ity to investigate licensees and gaming activi - ties, including requesting information, con - ducting audits and interviewing stakeholders.
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