ACT No. XXX of 2007 AN ACT to amend various laws relating to communications and to make provision with respect to matters ancillary thereto or connected therewith.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

28th December, 2007

ACT No. XXX of 2007

AN ACT to amend various laws relating to communications and to make

provision with respect to matters ancillary thereto or connected

therewith.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows>

(1) The short title of this Act is the Communications Laws

(Amendment) Act, 2007.

(2) This Act shall come into force on such date as the

Minister responsible for communications may by notice in the Gazette

appoint, and different dates may be so appointed for different provisions

and different purposes of this Act.

Part I

Amendment of the Radiocommunications Act.

(1) This Part amends the Radiocommunications Act, and it

Radiocommunications

shall be read and construed as one with the Radiocommunications Act,

hereinafter in this Part referred to as “the principal Act”.

(2) This Part shall come into force on such date as the

Minister responsible for communications may by notice in the Gazette

appoint and different dates may be so appointed for different provisions

and different purposes thereof.

Article 2 of the principal Act shall be amended as follows>

Amendment of

article 2 of the

principal Act.

(a) before the definition “broadcast receiving apparatus”

there shall be added the following new definitions>

“ “this Act” includes any regulations made under this

Act<

“apparatus” means any apparatus intended for

radiocommunications and includes any component part of any

such apparatus<” < and

(b) before the definition “Malta” there shall be added the

following new definitions>

“ “general authorization” means the framework

established by or under this Act laying down the rights and

obligations of persons making use of or possessing any such

radiocommunications apparatus as the Minister may from time

to time in accordance with the provisions of this Act designate

by order in the Gazette as being covered by a general

authorization<

“licence” means an individual licence issued in

accordance with this Act and includes any general

authorization however so described applicable in relation to

any radiocommunications apparatus, as may be provided for

under article 19 of this Act<”.

Article 2A of the principal Act shall be amended as follows> Amendment of

article 2A of the

principal Act.

(a) subarticle (2) thereof shall be renumbered as subarticle

(5) thereof<

(b) immediately after subarticle (1) thereof, there shall be

added the following new subarticles>

“(2) The Malta Communications Authority may issue

any general authorizations relating to any radiocom-

munications apparatus as the Minister may from time to time

by order in the Gazette determine as being covered by any

such general authorizations>

Provided that any fees that may be payable in relation to

any such general authorizations shall be established by the

Minister>

Provided further that the faculty to issue a general

authorization shall include the faculty to amend the rights,

conditions and specifications stated in any such general

authorizations.

(3) In issuing or amending a general authorization the

Malta Communications Authority shall first publish a

statement of the proposed general authorization or of any

amendments thereto, giving any interested parties the

opportunity to comment on the proposed general authorization

or amendments thereto within a period which the Malta

Communications Authority considers reasonable.

(4) The Malta Communications Authority shall ensure

that any general authorizations or amendments thereto are

given publicity.”< and

(c)

in subarticle (5) thereof as renumbered, after the words

“in terms of subarticle (1)” there shall be added the words

“and, or any designation made in terms of subarticle (2)”.

Article 3 of the principal Act shall be amended as follows>

(a) for subarticle (1) thereof there shall be substituted the

following>

“3. (1) Subject to the provisions of subarticle (11)

no person shall, without an individual licence given in writing

by the Minister, make, buy, sell or have in his possession or

under his control any apparatus.

(2) Subject to the provisions of subarticle (11) no

person shall sell or give any apparatus to any person

who has not obtained an individual licence as referred

to in subarticle (1) of this article.

(3) The Minister may require any person who>

(a) has in his possession or under his control

any apparatus which is in breach of any of the

provisions of this Act and, or of any licence

conditions as may be applicable to that apparatus,

or

(b) is using or allowing such apparatus to

be used for unauthorized frequencies,

to desist from the use of any such apparatus and, or

require such a person to deliver the apparatus to the

Minister>

Provided that the Minister may seize and retain any

such apparatus and, or cause the use of any such

apparatus to be restricted in any manner, under such

conditions and for such period of time as the Minister

may specify where it results to the Minister that such

apparatus is being used in breach of this Act or of any

licence conditions that may apply in relation to the said

apparatus>

Provided further that any expenses incurred by the

Minister in the exercise of his functions under this

subarticle including in the seizure, retention or storage

however so described of the said apparatus, shall be

recoverable as a civil debt by the Minister from any

person acting in breach of this article.”<

(b) subarticles (2) to (6) thereof shall be renumbered as

subarticles (4) to (8) respectively<

(c) for subarticle (5) thereof as renumbered, there shall be

substituted the following>

“(5) Any person who contravenes the provisions of this

article or who acts in breach of any terms, conditions or

limitations, however so described, attached to a licence, shall

be guilty of an offence against this Part of this Act.”< and

(d) immediately after subarticle (8) thereof as renumbered,

there shall be added the following new subarticles>

“(9) No licence is required for sound only broadcast

receivers.

(10) The Minister may, after consultation with the

Malta Communications Authority, by order in the Gazette

exempt certain categories of apparatus from the requirements

of this article.

(11) The provisions of subarticles (1) and (2) of this

article shall not apply in relation to any apparatus regulated

by a general authorization issued in accordance with the

provisions of this Act.”

Immediately after article 3 of the principal Act there shall be

added the following new article>

3A. (1) Any person duly authorised by the Minister

“Enforcement.

to act on his behalf when exercising a power under this Act,

shall, if requested by any person thereby affected, produce to

that person for inspection a certificate issued by the Minister

stating that he is duly authorised to act for and on behalf of

the Minister.

(2) In the course of the exercise of any of the

powers under this article the Minister may request the

assistance of the Police.

(3) The directors and managers, by whatever

name designated, or any other persons who are or have been

in charge of the operations or activities falling under the

supervisory or regulatory functions of the Minister, shall assist

and shall collaborate with the Minister in order to enable him

to discharge his functions, and shall collate and transmit

without any undue delay such information and documentation

as the Minister may reasonably request from time to time.

(4) Any person who obstructs, impedes or assaults

any person duly authorised by the Minister to act on his behalf

in the exercise of any power under this Act, or fails or refuses

to comply with a requirement under this Act shall be guilty

of an offence against this Act and shall, on conviction, be

liable to a fine (multa) not exceeding five thousand liri or to

imprisonment for a period not exceeding three months, or to

both such fine and imprisonment.”.

For the proviso to subarticle (1) of article 11 of the principal

Act, there shall be substituted the following>

“Provided that the Minister may, notwithstanding the

provisions of this subarticle, issue a provisional licence or a number

of provisional licences which in the aggregate cannot cover a period

exceeding nine months, on the first registration of a vessel under

the Maltese flag, in such circumstances and under such conditions

as he may deem appropriate.”.

Article 19 of the principal Act shall be amended as follows>

(a) in paragraph (a) thereof the words “protected or

controlled<” shall be substituted with the words “protected or

controlled, and in the case of any apparatus seized in accordance

with article 3 of this Act, the manner as to the disposal and, or

storage of any such apparatus<”<

(b) paragraphs (c) and (d) thereof shall be renumbered as

paragraphs (e) and (f) respectively<

(c) immediately before paragraph (d) thereof as renumbered,

there shall be inserted the following new paragraphs>

“(c) the imposition of administrative fines upon any

person acting in breach of this Act provided that such fines

do not exceed ten thousand liri for each infringement and, or

two hundred liri for each day during which such infringement

persists<

Provided that>

(i) the procedure for the imposition of such

administrative fines shall allow for the right to be heard

to be respected before any such fines are imposed<

(ii) the procedure for the imposition and

contestation of such fines shall be that established in

respect of fines imposed by the Malta Communications

Authority under Part VII and Part VIII of the Malta

Communications Authority Act, and the relevant Cap. 418.

provisions of the said Act and of any regulations made

thereunder in respect of any such procedure shall apply

mutatis mutandis to administrative fines imposed by the

Minister under this Act in such a manner that any

reference to the Malta Communciations Authority shall

be construed as a reference to the Minister<

(iii) in all cases where the Minister imposes an

administrative fine in respect of anything done or omitted

to be done by any person and such act or omission also

constitutes a criminal offence, no proceedings may be

taken or continued against the said person in respect of

such criminal offence<

(d) any fees and, or charges, however so described,

that may be payable in relation to any matters regulated by

this Act.”<

(d) in paragraph (e) thereof as renumbered, the words

“relating to standards in Malta.” shall be substituted with the

words”“relating to standards in Malta>”< and

(e) after paragraph (e) thereof as renumbered, there shall

be added the following>

“Provided that the Minister may, when making any

regulations under this article which relate to standards,

specifications or to matters of a strictly technical nature, make

such regulations in the English language only.”.

Article 20 of the principal Act shall be amended as follows>

(a) the words “public security or civil protection

requirements.” shall be substituted with the words”“public security

or civil protection requirements>”< and

(b) after the words “public security or civil protection

requirements>” there shall be added the following proviso>

“Provided that the Prime Minister may in making an order

under this article, impose any such conditions as he may consider

appropriate. In imposing such conditions the Prime Minister shall

consult the Malta Communications Authority.”.

The provisions of the Radiocommunications Act as in force

prior to the coming into force of the Communication Laws (Amendment)

Act, 2007 shall continue to apply in respect of anything done or omitted

to be done by any person prior to the said coming into force of Part I of

the said Act.

Part II

Amendment of the Postal Services Act.

(1) This Part amends the Postal Services Act, and it shall

be read and construed as one with the Postal Services Act, hereinafter

in this Part referred to as “the principal Act”.

(2) This Part shall come into force on such date as the

Minister responsible for communications may by notice in the Gazette

appoint and different dates may be so appointed for different provisions

and different purposes thereof.

Article 2 of the principal Act shall be amended as follows>

(a) before the definition “access points” there shall be

inserted the following new definition>

“ “this Act” includes any regulations made made under

this Act unless the context otherwise requires<”.

(b) before the definition “direct mail” there shall be inserted

the following new definition>

“ “decision” includes any determination, direction,

measure, requirement or specification, however so described,

made by the Authority<”

(c) in the definition “postal article”, the words “periodicals

and postal packages” shall be substituted with the words

“periodicals and postal parcels, however so described, including

packages<”.

The words “package” and “packages” wherever they occur General substitution

in the principal Act.

in the principal Act shall be substituted by the words “parcel”

and”“parcels” respectively.

Immediately after subarticle (2) of article 24 of the principal Amendment of

article 24 of the

Act, there shall be added the following new subarticle>

principal Act.

“(3) The Authority may, when establishing quality of service

standards under this article, adopt those measures that it considers

to be appropriate in respect of non-compliance with such standards

by the universal service provider. Such measures may include

requiring the universal service provider to pay such administrative

fines as the Authority may establish in accordance with the

provisions of this Act.”.

In subarticle (5) of article 62 of the principal Act the words Amendment of

“any person who contravenes or fails to comply with any provisions of article

principal Act.

this Act or of any regulations made or directives given thereunder”

shall be substituted by the words “any person who contravenes or fails

to comply with any provisions of this Act”.

Immediately after article 76 of the principal Act there shall Addition of new

article 76A to the

be added the following new article>

principal Act.

76A. (1) The Authority may in accordance with the

“Issue of

directives

provisions of article 4(6) and (7) of the Malta Communications

Authority Act, issue any such directives as the Authority

administrative

fines.

considers to be necessary for the purposes of and in accordance

with the provisions of this Act.

(2) Any postal operator who fails to comply with

a directive or a decision, however so described, issued by the

Authority, shall be liable to the imposition by the Authority

of an administrative fine not exceeding the sum of ten

thousand liri and, or two hundred liri for each day during

which failure to observe the requirements of any such directive

or decision persists.”

In the proviso to article 81(2)(k) of the principal Act, the

words “the sum of five thousand liri for each offence” shall be substituted

with the words”“the sum of ten thousand liri for each offence”.

The provisions of the Postal Services Act as in force prior to

the coming into force of the Communication Laws (Amendment) Act,

2007 shall continue to apply in respect of anything done or omitted to

be done by any person prior to the said coming into force of Part II of

the said Act.

Part III

(1) This Part amends the Broadcasting Act, and it shall be

read and construed as one with the Broadcasting Act hereinafter in this

Part referred to as “the principal Act”.

(2) This Act shall come into force on such date as the Prime

Minister may by notice in the Gazette appoint, and different dates may

be so appointed for different provisions and different purposes of this

Article 16B of the principal Act shall be amended as follows>

(a) the marginal note “Digital radio.” thereto shall be

substituted with the words “Regulation of broadcasting on

networks.”<

(b) the words “digital radio services” in subarticle (1) shall

be substituted with the word “networks”<

(c)

subarticle (2) shall be amended as follows>

(i) the words “digital radio broadcasting licence”,

wherever they occur shall be substituted with the words

“broadcasting licence to be used by or on a network”, and in

the Maltese text of the last paragraph thereof for the words

“servizzi ta’ radju di;itali” there shall be substituted the words

“servizzi ta’ xandir fuq network”<

(ii) the words “digital radio broadcasting licensee” in

paragraph (d) thereof shall be substituted with the words

“broadcasting licensee who broadcasts on a network”<

(iii) the words “digital radio broadcasting contractor

or licensee” in paragraphs (h) and (j) thereof shall be

substituted with the words “broadcasting licensee who

broadcasts on a network”< and

(d) the following new subarticle shall be added immediately

after subarticle (2) thereof>

“(3) For the purpose of this article, “network” means

any electronic communications network and any electronic

communications service as defined in article 2 of the

Electronic Communications (Regulation) Act.

Part IV

Amendment of the Electronic Communications (Regulation) Act.

(1) This Part amends the Electronic Communications Amendment of the

(Regulation) Act, and it shall be read and construed as one with the Electronic

Communications

Electronic Communications (Regulation) Act, hereinafter in this Part (Regulation) Act.

referred to as “the principal Act”.

(2) This Part shall come into force on such date as the

Minister responsible for communications may by notice in the Gazette

appoint and different dates may be so appointed for different provisions

and different purposes thereof.

Subarticle (2) of article 6 of the principal Act shall be deleted, Amendment of

article 6 of the

and subarticle (1) thereof shall be renumbered as the whole article.

principal Act.

Subarticle (2) of article 7 of the principal Act shall be deleted, Amendment of

article 7 of the

and subarticle (1) thereof shall be renumbered as the whole article.

principal Act.

Subarticle (2) of article 8 of the principal Act shall be deleted, Amendment of

article 8 of the

and subarticle (1) thereof shall be renumbered as the whole article.

principal Act.

Subarticle (8) of article 11 of the principal Act shall be deleted. Amendment of

article 11 of the

principal Act.

Subarticle (7) of article 14 of the principal Act shall be deleted. Amendment of

article 14 of the

principal Act.

Subarticle (2) of article 15 of the principal Act shall be deleted, Amendment of

article 15 of the

and subarticle (1) thereof shall be renumbered as the whole article.

principal Act.

Subarticle (2) of article 16 of the principal Act shall be deleted, Amendment of

article 16 of the

and subarticle (1) thereof shall be renumbered as the whole article.

principal Act.

Subarticle (5) of article 19 of the principal Act shall be deleted,

and subarticle (6) thereof shall be renumbered as subarticle (5).

Subarticle (2) of article 21 of the principal Act shall be deleted,

and subarticle (1) thereof shall be renumbered as the whole article.

Articles 24 to 26 of the principal Act shall be deleted.

31.

In paragraph (k) of subarticle (1) of article 34 of the principal

Act, the words “prescribe measures to be taken by any person” shall be

of the principal Act.

substituted with the words “provide for data retention obligations, and

for rules regarding the access by the Authority and by the Police to data

retained by undertakings, and prescribe measures to be taken by any

person”.

Immediately after article 35 of the principal Act there shall

be added the following new article>

to the principal Act.

“Use of

Any person who by means of an electronic

electronic

communications

network or apparatus>

communications

apparatus to

make threats.

(a)

threatens the commission of any crime< or

(b) with intent to extort money or any other thing,

or to make any gain, or with intent to induce another

person to do or omit from doing any thing, threatens to

accuse or to make a complaint against, or to defame,

that or another person< or

(c) makes any other improper use thereof, shall

be guilty of an offence under this Act and shall, on

conviction, be liable to a fine (multa) not exceeding ten

thousand liri and, in the case of a continuing offence, to

a further fine (multa) not exceeding two hundred liri for

each day during which the offence continues.”.

34. In subarticle (1) of article 37 of the principal Act, the words

“under article 27 or under article 35(1)(d)” shall be substituted with the

of the principal Act.

words “under article 27, under article 35(1)(d) or under article 35A”.

35. In subarticle (2) of article 43 of the principal Act, the words

“exempt from the provisions of this Act” shall be substituted with the

words”“exempt from any of the provisions of this Act and from the

provisions of any regulations made thereunder”.

The provisions of the Electronic Communications Transitory

provision.

(Regulation) Act as in force prior to the coming into force of the

Communication Laws (Amendment) Act, 2007 shall continue to apply

in respect of anything done or omitted to be done by any person prior to

the said coming into force of Part III of the said Act.

Part V

Amendment of the Malta Communications Authority Act

(1) This Part amends the Malta Communications Authority Amendment of the

Act, and it shall be read and construed as one with the Malta Malta

Communications

Communications Authority Act, hereinafter in this Part referred to as Authority Act.

“the principal Act”.

(2) This Part shall come into force on such date as the

Minister responsible for communications may by notice in the Gazette

appoint and different dates may be so appointed for different provisions

and different purposes thereof.

Article 2 of the principal Act shall be amended as follows>

Amendment of

article 2 of the

principal Act.

(a) immediately before the definition “Authority” there shall

be added the following new definition>

“ “authorization” means any authorization including any

general authorization, licence, right to use or permit, however

so described, that a person may hold or be granted under any

law which the Authority is entitled to enforce or administer<”<

(b) immediately after the definition “communications” there

shall be added the following new defintion>

“ “Community” means the European Community<”< and

(c) immediately after the definition “undertaking” there shall

be added the following new definition>

“ “user” includes any person who uses or requests any

communications service.”.

In subarticle (9) of article 4 of the principal Act, the words Amendment of

article 4 of the

“for the application of the provisions of this Act” shall be substituted principal Act.

with the words “for the application of the provisions of this Act, and of

any other law relating to competition issues and, or consumer affairs,”.

Immediately after sub-article (9) of article 5 of the principal Amendment of

article 5 of the

Act there shall be added the following new subarticle>

principal Act.

“(10) Nothing in this Act shall be construed as giving rise

to or as ever having given rise to the nullity or invalidity of any

decision or directive made by the Authority at any time during

which any one or more of the Directorates was not established.”.

Subarticle (1) of article 29 of the principal Act shall be

amended as follows>

(a) paragraphs (c), (d) and (e) thereof shall be renumbered

as paragraphs (d), (e) and (f)<

(b) before paragraph (d) thereof as renumbered there shall

be added the following new paragraph>

“(c) remove and retain such books, documents or

records for such period as may be reasonable for further

examination<”< and

(c) in paragraph (f) as renumbered the words “make such

inspections,” shall be substituted with the words “make such

inspections including site inspections to enable the Authority to

carry out its functions at law and in doing so the Authority may

also undertake”.

Articles 31 to 33 of the principal Act shall be substituted

with the following>

31. (1) Without prejudice to any other provisions

the Authority under this Act or any other law which the Authority is entitled

may impose. to enforce, the Authority may take the following measures in

respect of any person who infringes any provision of this Act

or of any other law which the Authority is entitled to enforce,

or who fails to comply with any directive or decision given

by the Authority>

(a) the imposition of an administrative fine in

accordance with the provisions of this article and articles

32 and 33< and

(b) in cases where the Authority considers that

the person has seriously and repeatedly infringed the

provisions of this Act or of any other law which the

Authority is entitled to enforce, or the decisions or

directives of the Authority, the Authority may withdraw

or suspend the right to provide any services or networks

regulated by or under this Act or any other law which

the Authority is entitled to enforce.

(2) In all cases where the Authority imposes an

administrative fine in respect of anything done or is omitted

to be done by any person and such act or omission also

constitutes a criminal offence, no proceedings may be taken

or continued against the said person in respect of such criminal

offence.

32. (1) The Authority shall before proceeding to take

any of the measures under article 31 write to the person

concerned, warning him of the measure that may be taken

under article

31. and the specific reason why it may be taken, requiring him to

rectify his acts or omissions and, or to make his submissions

thereto>

(a) within such period not being less than thirty

days in relation to any infringement of the Electronic

Communications (Regulation) Act or of any regulations Cap. 399.

made thereunder<

(b) within such period not being less than fifteen

days in relation to any other infringement in relation to

which paragraph (a) does not apply, which period without

prejudice to the provisions of subarticle (4) of this article,

may be abridged if the continuance of the infringement

impacts negatively the effective exercise by the Authority

of its regulatory functions>

Provided that where the measure is an

administrative fine the person concerned shall also be

informed of the amount of the fine>

Provided further that when issuing a warning under

this subarticle the Authority may impose such conditions

as it may consider reasonable in the circumstances.

(2) If the person concerned remedies the

infringement within the period established by the Authority

in accordance with subarticle (1), and agrees in writing to

abide with any conditions that the Authority may impose, the

Authority shall desist from proceeding any further.

(3) If after the lapse of the period mentioned in

paragraphs (a) and (b) of subarticle (1) the Authority considers

that the person concerned has not given any valid reasons to

demonstrate why no measure should be taken against him,

the Authority shall give notice in writing to the person

concerned specifying the nature of the infringement, stating

the measure being taken, and if the measure is an

administrative fine, stating the amount of the fine being

imposed.

(4) Notwithstanding the provisions of subarticle

(1), where the Authority has prima facie evidence that the

infringement -

(a) represents an immediate and serious threat to

public safety, public security or public health< or

(b) creates or may create serious economic or

operational problems for other providers of

communications services or networks, or for consumers,

the Authority may take urgent interim measures to remedy

the situation in advance of reaching a final decision including

the imposition of administrative fines, and, or may shorten

the periods mentioned in paragraphs (a) and (b) of subarticle

(1)>

Provided that the person against whom such

measures are contemplated, shall be given a reasonable

opportunity to state his view and propose any remedies.

(5) The notice as referred to in subarticle (3) shall,

upon the expiry of the time limit for appeal therefrom, upon

the service of a copy thereof by means of a judicial act on the

person indicated in the notice, constitute an executive title

for all effects and the purposes of Title VII of Part I of Book

Second of the Code of Organization and Civil Procedure>

Provided that if the person against whom the notice

has been issued, files an appeal before the Appeals Board

within the thirty day period referred to under article 38, and

concurrently with or before the filing of his appeal requests

the Appeals Board to suspend the effects of the notice, then

the Authority shall desist from issuing a judicial act as referred

to in this subarticle until such time as the the request for

suspension has been determined, withdrawn or otherwise dealt

with>

Provided further that the Appeals Board shall determine

any requests for suspension referred to in this subarticle

expeditiously. Before determining any such request the

Appeals Board shall give the Authority a reasonable

opportunity to reply and make its submissions.

(6) Interest at the rate of eight per cent per annum

shall run as from the date set by the Authority for the payment

of any administrative fine imposed by it in terms of this Act.

In cases where the Appeals Board or the Court of Appeal, as

the case may be, after having upheld an application to suspend

the fine pending proceedings, finally decides that the fine is

due, such fine shall be due together with any interests accrued

thereon as from the date originally set by the Authority for

payment including the period during which the payment of

the said fine was suspended.

(7) The Authority shall give its reasons for any

decision taken under this article.

(8) Notwithstanding the provisions of any law,

no precautionary warrant or order shall be issued by any court

restraining the Authority from the exercise of any of the

powers conferred upon it under this article.

33. (1) An administrative fine imposed shall not,

unless

provided otherwise by or under this Act, exceed one

administrative

hundred and fifty thousand liri for each infringement or failure

to comply and, or five thousand liri for each day of

infringement or non-compliance as the case may be>

Provided that if the act or omission which constitutes an

infringement is committed by an undertaking and the

Authority considers that such act or omission has especially

significant effects on the market to the detriment of

competitors and, or consumers, the stated amount that may

be imposed as an administrative fine may be increased to an

amount that is not more than five per cent of the turnover of

the undertaking in the calendar year immediately preceding

the year when the infringement was committed.

(2) In determining the amount of an

administrative fine, regard shall be had in particular to the

nature and extent of the infringement, its duration and its

impact on the market and on consumers.

(3) The Minister may in regulations made under

this Act establish the administrative fines that may be imposed

by the Authority for breaches of the said regulations>

Provided that the amount of the fines that may be so

prescribed shall not exceed the maximum amounts referred

to under subarticle (1).”.

Immediately after article 34 of the principal Act there shall

be added the following new article>

34A. (1) For the purposes of this article>

(a) ““authorization” means any authorization,

however described, that a person may hold or be granted

under the Act<

(b) “shareholder” means>

(i) in the case of a company that is not listed

on the Malta Stock Exchange or on a Stock

Exchange of a Member State of the European

Union, a person who holds any amount of shares in

a company<

(ii) in the case of a company listed on the

Malta Stock Exchange or on the Stock Exchange

of a Member State of the European Union, a person

holding more than two percent of shares in a

company.

(2) When the Authority is satisfied that>

(a)

any person holding any authorization< or

(b) any person who is a secretary, director or other

principal officer of any company, partnership or other

body holding any authorization or who otherwise

exercises control or significant influence over the said

company, partnership or other body< or

(c) any person who is a shareholder of any

company, partnership or other body holding any

authorization, is not a fit and proper person or are not fit

and proper persons to hold any authorization or to act in

any capacity mentioned in paragraphs (b) or (c) above

and that the holding by such person or persons of an

authorization or of any said capacity may reasonably

pose a threat to public trust, public security or public

order, the Authority may prohibit such person or persons

or any company, partnership or other body in which the

said person or persons hold any said capacity from

holding an authorization.

(3) The Authority may, for the purpose of ascertaining

whether any person referred to in subarticle (2) of this article

is a fit and proper person to hold an authorization or to act in

any capacity mentioned in paragraphs (b) or (c) of subarticle

(2) of this article, require, within such time as it may consider

reasonable in the circumstances, such information and, or

consent to obtain any information as the Authority may deem

appropriate from any such person or from any person who

intends to provide a communications service and, or network

in accordance with the Act.

(4) Without prejudice to the other provisions of this

article>

(a) any person convicted, whether in Malta or

outside Malta, of a crime against public trust shall not

be deemed to be a fit and proper person to hold an

authorization or to act in any capacity mentioned in

paragraphs (b) or (c) of subarticle (2) of this article<

(b) any authorization enjoyed by any person

convicted of a crime against public trust, or enjoyed by

a company, partnership or other body which has a

shareholder or a secretary, director or other principal

officer who has been convicted, whether in Malta or

outside Malta, of a crime against public trust, or over

which a person who has been convicted, whether in Malta

or outside Malta, of a crime against public trust otherwise

exercises control or significant influence, shall be

voidable upon a decision of the Authority taken after

having considered all the relevant facts.”.

Article 37 of the principal Act shall be amended as follows> Amendment of

article 37 of the

principal Act.

(a) in the marginal note thereto there shall be added the

words “Cap. 426”< and

(b) in subarticle (1) thereof the words “the Broadcasting

Authority Act or the Postal Services Act>” shall be substituted with

the words “the Broadcasting Act, the Postal Services Act or the

Electronic Commerce Act>”.

Article 38 of the principal Act shall be amended as follows> Amendment of

article 38 of the

principal Act.

(a) subarticle (2) thereof shall be substituted with the

following>

“(2) A person who is notified with a notice in writing

given under subarticle (3) of article 32, may within thirty days

from the date of such notification lodge an appeal before the

Appeals Board objecting to the administrative fine so fixed.”<

and

(b) in subarticle (3) thereof the words “unless such fine

cannot at law be imposed in the circumstances of the case, or cannot

at law be fixed in the amount established by the Authority” shall

be substituted with the words “unless it results to it that such fine

could not at law be imposed in the circumstances of the case, or

could not at law be fixed in the amount established by the

Authority”.

(1) Part IX of the principal Act shall be renumbered as Part

X and articles 43 to 47 shall be renumbered as articles 45 to 49

respectively.

(2) Immediately after Part VIII of the principal Act, there

shall be added the following new Part IX>-

“PART IX

DISPUTE RESOLUTION

43. (1) Unless otherwise provided in any other law,

in

the

event of a dispute arising between persons holding an

authorization and who are established in Malta, in connection

authorization.

with obligations that the persons have towards each other

under any law which the Authority is entitled to enforce, the

Authority shall, subject to subarticle (2) of this article, at the

request of any party to the dispute, initiate an investigation of

the dispute and, as soon as possible and in any case, other

than in circumstances which the Authority considers

exceptional, within four months from the date on which the

dispute was notified to it by a party to the dispute, make a

determination to resolve the dispute and ensure compliance

with the applicable law>

Provided that nothing in this article shall be construed

as restricting or prohibiting the Authority from undertaking

of its own initiative any investigation of any disputes it may

become aware of and which the Authority believes ought to

be investigated.

(2) The Authority may decide not to initiate an

investigation referred to in subarticle (1) where it is satisfied

that other means of resolving the dispute in a timely manner

are available to the parties or if legal proceedings in relation

to the dispute have been initiated by any party to the dispute.

(3) Where the Authority decides not to initiate

an investigation under subarticle (2) of this article, it shall

inform the parties of such a decision as soon as possible

thereafter.

(4) If four months from the date of a decision

referred to in subarticle (3) the dispute is not resolved and the

party seeking redress has not initiated legal proceedings before

the ordinary courts or any other competent adjudicative forum,

however so described, the Authority shall, at the request of

any of the parties to the dispute, initiate an investigation and

give a decision in accordance with the provisions of this

article.

(5) In giving a decision under this article the

Authority shall in relation to disputes between persons

providing electronic communications services and, or

networks, have regard to the objectives under article 4 of the

Electronic Communications (Regulation) Act.

(6) Without prejudice to the provisions of article

31 of this Act, a person to whom a decision under this article

applies shall, saving the provisions of article 42 of this Act,

forthwith comply with that decision. If such person fails to

do so, he shall be deemed to have committed an infringement

of this article. The period of non-compliance shall be deemed

to have commenced from the date of notification of the

decision of the Authority or from any such other date as may

be communicated in the decision which date shall in any case

be on or subsequent to the date of notification of the decision>

Provided that if it results to the Authority that a breach

of this Act or any other law which the Authority is entitled to

enforce has been committed by a party to a dispute, the

Authority may notwithstanding the provisions of this article

apply the provisions of articles 31 to 33 of this Act.

(7) In issuing a decision under this article the

Authority shall state the reasons on which the decision is

based, and shall, subject to such requirements of commercial

confidentiality as it may deem appropriate, notify the parties

to the dispute with a copy of the decision.

(8) The Authority shall publish notice of a

decision given under this article and shall indicate where

copies of, or information regarding the decision may be

obtained.

(9) The procedure referred to in this article shall

not preclude any party to the dispute from bringing an action

before the courts or any other competent adjudicative forum.

(10) The Minister may by regulation vary the

periods stated in subarticles (1) and (4) of this article.

44. (1) Where a dispute, however so described, arises

between a person holding an authorization and a user further

to a complaint by a user alleging an infringement of any law

or decision which the Authority is entitled to enforce, any

party to such a dispute may refer the dispute to the Authority>

Provided that in making a complaint the user must prima

facie show that he has been affected by the act or omission of

the person holding the authorization in relation to which he

has made the complaint.

(2) Upon receipt of any reference as aforesaid, or

upon otherwise becoming aware of any such dispute that the

Authority believes should be investigated, the Authority shall

notify all the parties to the dispute that the matter is being

investigated. In doing so the Authority shall regulate its own

procedure, which procedure shall, as far as is reasonably

possible, be transparent, simple, inexpensive and conducive

to a prompt and fair settlement of the dispute, and it shall

afford all parties to the dispute reasonable opportunity to make

their submissions and to produce any relevant information>

Provided that the Authority may decide not to initiate

an investigation in accordance with this article where it is

satisfied that other means of resolving the dispute in a timely

manner are available to the parties or if legal proceedings in

relation to the dispute have been initiated by any party to the

dispute.

(3) The Authority in resolving any disputes

referred to it under this article, may issue directives to the

person against whom the complaint has been lodged requiring

that person to comply with any measure that the Authority

may specify for the resolution of the dispute. Such directives

may, having regard to the determination of the dispute and to

all other relevant matters, include an order to effect the

reimbursement of payments received or to make compensation

payments. Such payments may also include the whole or part

of the costs of any party relating to the engagement of a lawyer

and, or of a technical adviser in relation to any submissions

relating to the dispute.

(4) The Authority shall make publicly available

any rules of administrative procedure which it may from time

to time establish in relation to the handling of any disputes

referred to it under this article.

(5) The provisions of this article shall be without

prejudice to the right of a user to have recourse to any other

body in resolving any such disputes.

(6) In issuing a decision under this article the

Authority shall state the reasons on which it is based, and

shall, subject to such requirements of commercial

confidentiality as it may deem appropriate, notify the parties

to the dispute with a copy of the decision.

(7) The Authority shall publish notice of a

decision given under this article and shall indicate where

copies of, or information regarding the decision may be

obtained.

(8) A person may, where the dispute involves

persons enjoying authorizations in more than one Member

State, request the Authority to co-ordinate its efforts with any

relevant regulatory authority in another Member State with a

view to bringing about a resolution of the dispute.”.

For subarticle (2) of article 45 as renumbered of the principal Amendment of

article 45 as

Act, there shall be substituted the following>

renumbered of the

principal Act.

(2) For a period of one year after a member or officer

“Employment

of

the

Authority has ceased to be a member or officer of the

officer of the Authority as the case may be, such member or officer shall

not, without the prior approval of the Authority, accept any

office, consultancy or employment where, in the course of

such office, consultancy or employment, the member or

officer would be in a position to make use of confidential

information acquired by him in the exercise of his functions

under this Act to the detriment of the Authority or

undertakings regulated by it>

Provided that such prior approval shall not be

unreasonably withheld by the Authority>

Provided further that the Authority shall, upon

withholding such approval, give reasons therefore.

(3) Notwithstanding subarticle (2), a person who was

a member or officer of the Authority shall not be precluded

from -

(a) holding office, or engagement in, any

employment in the civil service or any statutory

regulatory body, or

(b) acting as a consultant to any Minister of the

Government, on the basis that the period referred to in

that subarticle has not expired.

(4) Any person who acts in breach of this article shall

be liable to pay an administrative fine which fine shall not

exceed the sum of ten thousand Maltese liri.

(5) For the purpose of this article the words “a member

or officer of the Authority” shall mean the Chairman, members

of the Authority, the Director General, the Directors and such

other officers who the Minister, after consultation with the

Chairman, considers as being officers responsible for the

taking of executive decisions of the Authority as the Minister

may from time to time designate by notice in the Gazette.”.

After subarticle (3) of article 49 as renumbered of the principal

Act there shall be added the following new subarticle>

“(4) Any debts due to the Authority in accordance with this

article shall be prescribed by the lapse of the period of five years

from the date on which the debt was due.”.

The provisions of the Malta Communications Authority Act

as in force prior to the coming into force of the Communication Laws

(Amendment) Act, 2007 shall continue to apply in respect of anything

done or omitted to be done by any person prior to the said coming into

force of Part IV of the said Act.

Part VI

Amendment of the Electronic Commerce Act

(1) This Part amends the Electronic Commerce Act, and it

shall be read and construed as one with the Electronic Commerce Act,

hereinafter in this Part referred to as “the principal Act”.

(2) This Part shall come into force on such date as the

Minister responsible for communications may by notice in the Gazette

appoint and different dates may be so appointed for different provisions

and different purposes thereof.

Amendment of

Article 2 of the principal Act shall be amended as follows>

article 2 of the

principal Act.

(a) in the definition “recipient”, the word “recipient” shall

be substituted with the words “recipient of the service”<

(b) immediately before the definition “signature verification

device”, there shall be inserted the following new definition>

“ “service provider” means any person providing an

information society service<”< and

(c) in the definition “signature verification data”, for the

word “private” there shall be substituted the word “public”.

The word “originator” wherever it occurs in the Act other General substitution

than in Part IV thereof, shall be substituted with the words “service in the principal Act.

provider”.

In subarticle (1) of article 4 of the principal Act, the words Amendment of

“the provisions of articles 5 to 15” shall be substituted with the words article

principal Act.

“the provisions of this Act, other than any provisions relating to signature

certification services,”.

Article 10 of the principal Act shall be substituted with the Amendment of

article 10 of the

following>

principal Act.

10. (1) Unless otherwise agreed by parties who are

of electronic

not consumers, where the recipient of the service places his

order through technological means>

(a) an electronic contract is concluded when after

placing his order, the recipient of the service has received

from the service provider an acknowledgement of receipt

of the order made by the recipient>

Provided that the service provider must acknowledge

receipt of the order made by the recipient without undue delay

and by electronic means< and

(b) the order made by the recipient and the

acknowledgement of receipt are deemed to have been

received when the parties to whom they are addressed

are able to access them.

(2) Unless otherwise agreed by parties who are

not consumers, the service provider shall provide the recipient

of the service with effective and accessible technical means

to identify and correct handling and input errors and accidental

transactions prior to the conclusion of the contract.

(3) The provisions of subarticle (1)(a) and of

subarticle (2) of this article shall not apply to contracts

concluded exclusively by electronic mail or by equivalent

individual communications.”.

For paragraph (k) of the Fifth Schedule to the principal Act

there shall be substituted the following>

“(k) any contracts governed by family law.”.

The provisions of the Electronic Commerce Act as in force

prior to the coming into force of the Communications Laws

(Amendment) Act, 2007 shall continue to apply in respect of anything

done or omitted to be done by any person prior to the coming into force

of Part V of the said Act.

Passed by the House of Representatives at Sitting No. 602 of 12th December,

2007. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives