IT&T and Media Law
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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
For further information about how LexVirtualis™ Advocates can help you with your law requirements kindly contact us on info@lexvirtualis.com.mt
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Our area of practice is vast, so feel free to see other types of law that we specialise in.