IT&T and Media Law

Media Law is a legal field that relates to legal regulation of primarily publishing and broadcasting – such as television, radio, film, internet, newspapers, and advertising. Telecommunications law refers to the regulation of electronic communications, whether wired or wireless. Traditionally, this area of law pertained to telegraphs, the telephone system, facsimile, submarine cables and satellite communication. Information Technology law is the body of law which regulates all aspects surrounding electronic or digitized information or data – its collection, storage, dissemination and transfer; and its related technology – such as computers, networks and the internet.

As technology advanced, especially in the digital age, these three areas of law are heavily interlinked and the subject-matter which they regulate often overlap. For example, an online videoconference call which is broadcast to the public may be governed by media, IT as well as telecommunications law. However, one still finds actions or events which are governed solely by one area of law: eg. a traditional printed newspaper article published in one particular jurisdiction (assuming it cannot be found online) is governed by media law.

In Malta, the Broadcasting Authority and the Malta Communications Authority are the regulators in these fields of law. In December 2018, the EU has adopted Directive (EU) 2018/1972 establishing the European Electronic Communications Code, which will consolidate and enhance the legal framework in the sector. This Code must be transposed into local law by member States by 21 December 2020.

Examples of Maltese legislation dealing with

Media law

• The Broadcasting Act

• The Media and Defamation Act (formerly known as the Press Act)

• The Electronic Communications (Regulation) Act

Telecommunications law

• Electronic Communications (Regulation) Act

• Electronic Communications Networks and Services (General) Regulations (Chapter 399.28 of the Laws of Malta)

• General Authorisations (Radiocommunications Apparatus) Regulations (Chapter 399.40 of the Laws of Malta)

Information Technology Law

• Electronic Communications (Regulation) Act

• Electronic Communications Networks and Services (General) Regulations (Chapter 399.28 of the Laws of Malta)

• Data Protection Act (Chapter 586 of the Laws of Malta)

• Criminal Code (Sub-title V ‘Of Computer Misuse’ - Articles 337B-337H)

Lexvirtualis™ offers legal services and advice relating to:

• Broadcasting licenses and compliance

• Telecommunications licenses and compliance

• Radiocommunications Authorisations and Licenses

• The Media Register

• Contracts of services (eg. service provider agreements)

• Data Protection and Freedom of Information

• Cybersecurity

• Defamation and libel (right of reply, defences, etc…)

• Damages (inc. moral damages)

• Disputes and litigation including appeals