MALTA Law and Practice Contributed by: Andrew J Zammit, James Bartolo and Nicholas Scerri, GVZH Advocates
Advertising standards The Consumer Affairs Act (Chapter 378 of the Laws of Malta) regulates advertising practices, prohibiting misleading and deceptive advertise - ments. This Act applies to all forms of adver - tising, including those disseminated via social While primarily focused on traditional media, the Broadcasting Act (Chapter 350 of the Laws of Malta) also encompasses certain aspects of online content dissemination, ensuring that con - tent is accurate, fair and balanced. Copyright Act (Chapter 415) The Copyright Act (Chapter 415 of the Laws of Malta) protects intellectual property on social media, preventing unauthorised reproduction and distribution of content such as images, vid - eos and music. Trademarks Act (Chapter 597) media platforms. Broadcasting Act The Trademarks Act (Chapter 597 of the Laws of Malta) ensures brand protection on social media, preventing misuse of logos, business names and slogans. Cybersecurity Act (Regulation (EU) 2019/881) Strengthens online security by setting EU-wide cybersecurity standards for social media plat - forms. Consumer Affairs Act (Cap. 378) The Consumer Affairs Act (Chapter 378 of the Laws of Malta) regulates advertising and influ - encer marketing on social media to protect consumers from misleading promotions, hidden sponsorships and online scams, ensuring trans - parency in e-commerce and digital transactions.
Key Legal Challenges in Malta Regarding Social Media IP Protection in the digital sphere In Malta, the Copyright Act (Chapter 415 of the Laws of Malta) and Trademarks Act (Chapter 597 of the Laws of Malta) govern IP rights, including digital content on social media. However, enforc - ing these rights is challenging due to the rapid and widespread sharing of copyrighted materi - als across platforms. Cybersecurity and misinformation risks Malta’s cybersecurity framework is still evolving, with no specific social media cybersecurity law beyond existing criminal code provisions and the Cybersecurity Act (Regulation (EU) 2019/881). The lack of platform-specific legislation means that enforcement often relies on reporting mech - anisms within social media platforms, which are not always effective in addressing fake accounts, deepfake technology or cyberbullying incidents. 10.2 Regulatory and Compliance Issues Malta Communications Authority (MCA) The MCA regulates electronic communications and eCommerce in Malta, ensuring compliance with online service standards. Its relevance to social media lies in monitoring ISPs and digital platforms. It has investigative and enforcement powers, including the enforcement of fines and sanctions for non-compliance with electronic communications regulations. Office of the Information and Data Protection Commissioner (IDPC) The IDPC enforces data protection laws, particu - larly under the GDPR and Malta’s Data Protec - tion Act. It oversees social media platforms by ensuring lawful processing of personal data and user privacy compliance. It has the authority to investigate breaches, issue fines and order the cessation of unlawful data processing.
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