ACT No. I of 2024 AN ACT to amend various laws relating to communications and to make ancillary and consequential provisions thereto.

I assent.

(L.S.)

GEORGE VELLA

President

2nd February, 2024

ACT No. I of 2024

AN ACT to amend various laws relating to communications and to

make ancillary and consequential provisions thereto.

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 Short title and

commencement.

(Amendment) Act, 2024.

(2) Paragraphs (c) and (e) of article 10, paragraph (a) of article 12

and articles 20 and 21 shall come into force on the 17 February 2024.

(3) The provisions of this Act, apart from those mentioned in sub-

article (2), shall come into force on such date or dates as the Minister

responsible for communications may by notice in the Gazette establish,

and different dates may be so established for different provisions and

different purposes of these provisions of this Act.

PART I

AMENDMENTS TO THE ELECTRONIC COMMUNICATIONS

(REGULATION) ACT

(CAP. 399)

This Part amends the Electronic Communications

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

Electronic Communications (Regulation) Act, hereinafter in this Part

referred to as the "principal Act".

The words "administrative fine" or "administrative fines" in

the principal Act shall be substituted by the words "administrative

penalty" or "administrative penalties" respectively, wherever they

In the marginal note of article 31 of the principal Act the word

"Penalties" shall be substituted by the word "Punishments".

Article 34 of the principal Act shall be amended by the

following

(a) in sub-paragraph (ii) of paragraph (d) thereof the

words "be guilty of an infringement punishable as an

administrative fine provided that such fines" shall be substituted

by the words "be guilty of an infringement punishable as an

administrative penalty provided that such administrative

penalties";

(b) paragraph (A) of the proviso of sub-paragraph (ii) of

paragraph (d) thereof shall be amended by the following

(i)

in the Maltese version, the words "pieni

amministrattivi" shall be substituted by the words

"penalitajiet amministrattivi"; and

(ii) the word "fines" shall be substituted by the

words "administrative penalties";

(c) paragraph (B) of the proviso of sub-paragraph (ii) of

paragraph (d) thereof shall be amended by the following

(i) the words "such fines shall be that established

in respect of fines imposed by the Authority under Part VII

and Part VIII" shall be substituted by the words "such

administrative penalties shall be that established in respect

of administrative penalties imposed by the Authority under

Part VI"; and

(ii) in the Maltese version, the words "penali

amministrattivi" shall be substituted by the words "

penalitajiet amministrattivi";

(d) in the Maltese version, in paragraph (C) of the

proviso of sub-paragraph (ii) of paragraph (d) thereof the words

"multa amministrattiva" shall be substituted by the words "penali

amministrattiva"; and

(e) in paragraph (g) thereof the word "fine" shall be

substituted by the words "fine (multa)".

Sub-article (1) of article 47 of the principal Act shall be Amendment of

article 47 of the

amended by the following

principal Act.

(a)

paragraph (q) thereof shall be amended by the

following

(i) in the Maltese version, the words "penali

amministrattivi" thereof shall be substituted by the words

"penalitajiet amministrattivi"; and

(ii) the words "such fines" shall be substituted by

the words "such administrative penalties";

(b) in the Maltese version, in paragraph (r) thereof the

words "penali amministrattivi" shall be substituted by the words

"penalitajiet amministrattivi"; and

(c) in paragraph (u) thereof the word "penalties" shall be

substituted by the word "punishments".

In article 50 of the principal Act the word "penalties" shall be Amendment of

article 50 of the

substituted by the word "punishments".

principal Act.

PART II

AMENDMENTS TO THE MALTA COMMUNICATIONS

AUTHORITY ACT

(CAP. 418)

This Part amends the Malta Communications Authority Act Amendments to

a n d i t s h a l l b e r e a d a n d c o n s t r u e d a s o n e w i t h t h e M a l t a the

Communications

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

"the principal Act".

The words "administrative fine" or "administrative fines" in General

the principal Act shall be substituted by the words "administrative amendment

the principal

penalty" or "administrative penalties" respectively, wherever they Act.

Article 32 of the principal Act shall be amended by the

following

(a)

in the first proviso to sub-article (1) thereof the

words "the fine" shall be substituted by the words "the

administrative penalty";

(b) in sub-article (3) thereof the words "the fine" shall be

substituted by the words "the administrative penalty";

(c) immediately after paragraph (a) of sub-article (4)

thereof there shall be added the following new paragraph (aa)

"(aa) represents the risk of serious harm for the

purposes of Regulation (EU) 2022/2065 of the European

Parliament and of the Council of 19 October 2022 on a

Single Market for Digital Services and amending Directive

2000/31/EC, (Digital Services Act); or";

(d) in sub-article (6) thereof the words "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" shall be substituted by the words "to suspend the

administrative penalty pending proceedings, finally decides that

the administrative penalty is due, such administrative penalty

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 administrative

penalty was suspended"; and

(e) sub-article (9) thereof shall be substituted by the

following new sub-article

"(9) The Authority may at its discretion seek or

accept all written commitments from any person

responsible for any infringement of any law or decision,

however so described, enforced by the Authority. Any such

commitment as may be accepted by the Authority shall be

binding on the person making that commitment

Provided that the Authority in accepting any

such commitment may impose any such conditions as it may

consider appropriate in the circumstances and shall in all

instances act in a transparent, non-discriminatory and

objective manner.".

Sub-article (3) of article 32A of the principal Act shall be Amendment of

article 32A of

amended by the following

the principal

Act.

(a) the words "civil fine" shall be substituted by the

words "administrative penalty";

(b) the words "fine of not less" shall be substituted by the

words "administrative penalty of not less"; and

(c) the words "which fine or fines" shall be substituted

by the words "which administrative penalty or administrative

penalties".

Article 33 of the principal Act shall be amended by the Amendment of

article 33 of the

following

principal Act.

(a) in sub-article (1) thereof the words "An administrative

fine imposed shall not, unless provided otherwise by or under this

Act," shall be substituted by the words "An administrative penalty

imposed shall not, unless provided otherwise by or under this Act

or by any other law enforced by the Authority,";

(b) in the second proviso to sub-article (1) thereof the

words "daily fine" shall be substituted by the words "daily

administrative penalty"; and

(c) sub-article (3) thereof shall be substituted by the

following new sub-article (3)

"(3) The Minister may make regulations to establish

the administrative penalties that may be imposed by the

Authority in relation to any law enforced by the Authority

Provided that the amount of administrative

penalties that may be so prescribed shall not exceed the

maximum amounts referred to under sub-article (1).".

In the Maltese version, in article 35 of the principal Act the Amendment of

words "biex jiġu imposti penali amministrattiva" shall be substituted article

principal Act.

by the words "biex tiġi imposta penali amministrattiva".

In the Maltese version, in the marginal note of article 37 of the Amendment of

principal Act the words "penali amministrattivi" shall be substituted by article

principal Act.

the words "penalitajiet amministrattivi".

Article 38 of the principal Act shall be amended by the Amendment of

article 38 of the

following

principal Act.

(a) in the Maltese version, in sub-article (1) thereof the

words "penali amministrattivi" shall be substituted by the words

"penalitajiet amministrattivi";

(b) in sub-article (3) thereof the words "such fine" shall

be substituted by the words "such administrative penalty"; and

(c) in sub-article (6) thereof the words "a fine

established by the Authority or reducing any such fine" shall be

substituted by the words "an administrative penalty established

by the Authority or reducing any such administrative penalty".

Sub-article (1) of article 43 of the principal Act shall be

substituted by the following

"(1) Unless otherwise provided in any other law, in the

event of a dispute occurring between

(a) undertakings in

Malta

within

the

same

communications sector; or

(b) undertakings

providing

electronic

communications networks and, or services in Malta on the

one hand, and other such undertakings providing electronic

communications networks and, or services in other

Member States benefiting from obligations of access or

interconnection on the other hand; or

(c) undertakings

providing

electronic

communications networks and, or services in Malta on the

one hand, and undertakings providing associated facilities

in Malta on the other hand,

with regard to any obligations arising under any law,

decision or authorisation condition which the Authority is

entitled to enforce, the Authority shall, at the request of any

party to the dispute, investigate the matter and shall issue a

binding decision to resolve the dispute in the shortest possible

time frame, and in any case within four (4) months from the date

on which the dispute was notified to it

Provided that such period of four (4) months may be

extended in circumstances which the Authority considers

exceptional

Provided further that if all the parties to a dispute

agree that they shall not pursue further with the dispute with a

view to achieving an amicable settlement on all the issues in

dispute, and three (3) months elapse from when all parties do so

agree to discuss to reach an amicable settlement, then the dispute

shall be considered to be terminated at the lapse of the aforesaid

period of three (3) months if during that period none of the

parties in writing requests the continuation of the determination

of the dispute by the Authority. A party in making such a request

shall also state its reasons therefore.".

In article 46 of the principal Act the words from "The Amendment of

Minister" to the words "any such functions:" shall be numbered as sub- article

principal Act.

article (1) in its entirety.

The First Schedule to the principal Act shall be amended by Amendment to

the First

the following

Schedule to the

principal Act.

(a) in the heading thereof the words "(Article 5(3))" shall

be substituted by the words "(Article 5(2))"; and

(b) the words "the provisions of paragraph (ii) of the

proviso to article 5(3)" shall be substituted by the words "the

provisions of paragraph (b) of the first proviso to sub-article (2)

of article 5".

PART III

AMENDMENTS TO THE ELECTRONIC COMMERCE ACT

(CAP. 426)

This Part amends the Electronic Commerce Act and it shall be Amendments to

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

Commerce Act.

hereinafter in this Part referred to as the "principal Act".

Articles 19 to 22 of the principal Act shall be deleted.

Deletion of

articles 19 to 22

of the principal

Act.

In article 24 of the principal Act the words "contravening Amendment of

articles 22 and 23 of the Act" shall be substituted by the words article

principal Act.

"contravening article 23 of the Act".

Passed by the House of Representatives at Sitting No. 201 of the

30th January, 2024.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.90