MEDIA AND DEFAMATION ACT

CHAPTER 579

MEDIA AND DEFAMATION ACT

AN ACT to provide for the updating of the regulation of media and

defamation matters and for matters consequential or ancillary thereto.

14th May, 2018 *

ACT XI of 2018, as amended by Legal Notice 175 of 2025.

The short title of this Act is the Media and Defamation Act.

In this Act, unless the context otherwise requires

"author" means the person who authors or co-authors any

content disseminated by media;

"broadcast" means the transmission by wire or over the

air, including that by satellite, of statements and or visual images,

whether or not such statements or images are in fact received by

any person;

"broadcasting licence" shall have the same meaning as is

attributed to in the Broadcasting Act;

"defamation" is the communication of a statement that

seriously harms the reputation of a person and includes libel

and slander;

"editor" means when there is a person so registered,

means the person registered as editor in accordance with article

19, and, when there is no person registered in accordance with

article 19, includes any person responsible for the editorial or

content control of any media;

"editorial control" means the exercise of effective

control both over the selection of programmes or press

publications and over their organisation, for the purposes of the

provision of a media service;

"libel" means defamation by publication;

"media" includes all forms of dissemination of ideas,

information or opinions on matters of public interest to the

general public or to a portion of the public under the editorial

control of an editor;

"media service" means a service where the principal

purpose of the service or a dissociable section thereof consists in

providing programmes or press publications, under the editorial

*See Legal Notice 150 of 2018.

MEDIA AND DEFAMATION

responsibility or the editorial control of a media service provider

to the general public, by any means, in order to inform, entertain

or educate;

"media service provider" means a natural or legal person

whose professional activity is to provide a media service and

who has editorial responsibility or editorial control in respect of

the choice of the content of the media service and determines

the manner in which it is organised;

"Media Registrar" means such person as the Prime

Minister may, from time to time by notice in the Gazette,

designate as Media Registrar for the purposes of this Act;

"person" includes a body of persons, whether it has a

distinct legal personality or not;

"publication" means any act whereby any written media is

or may be communicated to or brought to the knowledge of any

person or whereby words or visual images are disseminated;

"publisher" means a person who owns or controls an

enterprise publishing written media;

"slander" means defamation by spoken statements uttered

with malice;

"written media" means any writing or print made by any

device and includes any written media content distributed by any

means both if distributed through electronic online platforms and

if distributed by any means offline without the use of electronic

platforms and any other means whereby words or visual images

may be heard or perceived or reproduced.

(1)

Defamatory words in written media shall be deemed

to be published and to constitute libel.

(2)

Defamatory statements give rise to an action in libel before

the competent court and the provisions of the Code of Organization

and Civil Procedure relating to actions filed before the court shall

apply to such action.

(3)

Civil proceedings for defamation under this Act in respect

of anything published in the media may be instituted against each of

the following persons

(a)

the author, if he shall have composed the work for

the purpose of its being published, or if he shall have consented

thereto;

(b)

the editor,

or, if the said persons cannot be easily identified,

(c)

the publisher

Provided that separate actions may not be instituted against

the persons mentioned in paragraphs (a), (b) and (c) above in respect

of the same defamation.

(4)

Statements are not defamatory unless they cause serious

harm or are likely to seriously harm the reputation of the specific

person or persons making the claim

Provided that, for the purposes of this article, harm to the

reputation of a body that trades for profit is not serious harm unless it

has caused or is likely to cause serious financial loss.

(1)

(a)

It is a defence to an action for defamation for

the defendant to show that the imputation conveyed by the statements

complained of is substantially true.

(b)

Where the statements complained of convey two

or more distinct imputations, if one or more of the imputations

is not shown to be substantially true, the defence under this

article does not fail if, having regard to the imputations which

are shown to be substantially true, the imputations which are

not shown to be substantially true do not seriously harm the

claimant’s reputation.

(2)

It is a defence to an action for defamation for the defendant

to show that all the following conditions are met

(a)

the statement complained of was a statement of

opinion;

(b)

the statement complained of indicated, whether in

general or specific terms, the basis of the opinion;

(c)

that an honest person could have held the opinion

on the basis of -

(i)

any fact which existed at the time the

statement complained of was published; or

(ii)

anything asserted to be a fact in a

privileged statement published before the statement

complained of.

(3)

The defence referred to in sub-article (2) is defeated if the

claimant shows that the defendant did not hold the opinion

Provided that this sub-article shall not apply in a case where

the statement complained of was published by the defendant but made

MEDIA AND DEFAMATION

by another person ("the author"); and in such a case the defence is

defeated if the claimant shows that the defendant knew or ought to

have known that the author did not hold the opinion.

(4)

For the purposes of sub-article (2) a statement is a

"privileged statement" if the person responsible for its publication can

prove in his defence that -

(a)

the publication is on a matter of public interest

which has already been given publicity in a manner accessible

to a large audience on an established medium; or

(b)

the publication is a peer-reviewed statement in a

scientific or academic journal; or

(c)

the publication is a report of court proceedings

protected by absolute privilege in terms of article 7.

(5)

The defences referred to in sub-articles (1) and (2) shall

only apply where the person aggrieved is a public figure, such as when

the said person

(a)

is a public officer or servant or an officer or

servant of a body established by law or of a body in which the

Government of Malta has a controlling interest; or

(b)

is a candidate for a public office and the facts

attributed to him refer to his honesty, ability or competency to

fill that office; or

(c)

habitually exercises a profession, art or trade, and

the facts attributed to him refer to the exercise of such

profession, art or trade; or

(d)

takes an active part in politics and the facts

attributed to him refer to his so taking part in politics; or

(e)

occupies a position of trust in a matter of general

public interest

Provided that the truth of the matters charged may not be

enquired into if such matters refer to the private life of the

plaintiff and the facts alleged have no significant bearing on the

exercise of the plaintiff’s public functions, office, profession or

trade

Provided further that, notwithstanding the provisions of

this sub-article, the defences referred to in sub-articles (1) and

(2) may be raised where the matter referred to is a matter of

general public interest or where the person aggrieved, although

not being a public figure is involved in matters of public interest

or where after giving due consideration to all the circumstances

of the claim the Court is satisfied that the raising of the said

defences is necessary in the interests of the proper administration

of justice.

(6)

Subject to the other provisions of this article, in any action

for defamation under this Act, the defendant shall be entitled to plead

in defence any cause for mitigation of damages as well as any plea

which, if acceded to, would lead to the dismissal of the action and the

defendant may submit pleas that the publication is not defamatory and

that the facts as stated are true and, or that any opinion expressed is an

h o n e s t o p i n i o n . T h e s u b m i ss i o n o f o n e s u c h p l e a d o e s n o t

automatically exclude the other.

(1)

It is a defence to an action for defamation for the

defendant to show that -

(a)

the statement complained of was, or formed part

of, a statement on a matter of public interest; and

(b)

the defendant reasonably believed that publishing

the statement complained of was in the public interest.

(2)

Subject to the provisions of sub-articles (3) and (4), in

determining whether the defendant has shown the matters mentioned

in sub-article (1), the Court must have regard to all the circumstances

of the case.

(3)

If the statement complained of was, or formed part of, an

accurate and impartial account of a dispute to which the claimant was

a party, the Court must, in determining whether it was reasonable for

the defendant to believe that publishing the statement was in the public

interest, disregard any omission of the defendant to take steps to verify

the truth of the imputation conveyed by it.

(4)

In determining whether it was reasonable for the defendant

to believe that publishing the statement complained of was in the

public interest, the Court must make such allowance for editorial

judgement as it considers appropriate.

(5)

For the avoidance of doubt, the defence under this article

may be relied upon irrespective of whether the statement complained

of is a statement of fact or a statement of opinion.

(1)

The publication of a statement in a scientific or

academic journal (whether published in electronic form or otherwise)

is privileged if the following conditions are met

(a)

that the statement relates to a scientific or

academic matter;

(b)

that before the statement was published in the

journal an independent review of the statement’s scientific or

MEDIA AND DEFAMATION

academic merit was carried out by

(i)

the editor of the journal; and

(ii)

one or more persons with expertise in the

scientific or academic matter concerned.

(2)

Where the publication of a statement in a scientific or

academic journal is privileged by virtue of sub-article (1) the

publication in the same journal of any assessment of the statement’s

scientific or academic merit is also privileged if -

(a)

the assessment was written by one or more of the

persons who carried out the independent review of the

statement; and

(b)

the assessment was written in the course of that

review.

(3)

Where the publication of a statement or assessment is

privileged by virtue of this article, the publication of a fair and

accurate copy of extract from or summary of the statement or

assessment is also privileged.

(4)

Notwithstanding the other provisions of this article a

publication is not privileged by virtue of this article if it is shown to be

made with malice.

(5)

Nothing in this article is to be construed -

(a)

as protecting the publication of matter the

publication of which is prohibited by law;

(b)

as limiting any privilege subsisting apart from

this article.

(1)

No action for defamation shall lie in respect of the

following publications

(a)

publications made in pursuance of an Act of

Parliament or by authority of the President of Malta or of the

House of Representatives;

(b)

publications consisting of communications

between public officers, or between such officers, and

contractors of the public service or officials of public

corporations, reports of inquiries held in terms of any law, or

statements by public officers that are made in good faith in the

public interest including the interests of national security,

territorial integrity, public safety, the prevention of disorder or

crime or for the protection of health or morals;

(c)

publications of bona fide reports of debates of the

House of Representatives, provided the relevant part of the

debate is published, and the defence of any person against

whom any charge is made is not suppressed or maliciously or

negligently curtained or altered;

(d)

publications of reports of any proceedings in a

court of justice in Malta, provided such reports are fair reports

of the proceedings and the publication of such reports or

proceedings is not prohibited by law or by the court;

(e)

any evidence given in good faith and according to

law before a court or before a tribunal established by law

Provided that it shall not be lawful to publish -

(a)

anything which, by article 994 of the Code of

Organization and Civil Procedure, is forbidden to be used or

produced, or

(b)

any report of the proceedings in any case of

defamation, in which evidence of the truth of the matters

charged is not allowed by law.

(2)

The following publications are also privileged

(a)

a fair and accurate copy of, extract from or

summary of, a notice or other matter issued for the information

of the public by or on behalf of -

(i)

a legislature or government anywhere in

the world;

(ii)

an authority anywhere in the world

performing governmental functions including police

functions;

(iii) an

international

organisation

or

international conference;

(b)

a fair and accurate copy of, extract from or

summary of, a document made available by a court anywhere in

the world, or by a judge or officer of such a court;

(c)

a fair and accurate report of proceedings at a press

conference held anywhere in the world for the discussion of a

matter of public interest;

(d)

a fair and accurate copy of, extract from or

summary of any document circulated to members of a company

listed on a stock exchange -

(i)

by or with the authority of the board of

directors of the company,

(ii)

by the auditors of the company, or

(iii) by any member of the company in

pursuance of a right conferred by any law.

(e)

a fair and accurate copy of, extract from or

summary of any document circulated to members of a company

listed on a stock exchange which relates to the appointment,

resignation, retirement or dismissal of directors of the company

or its auditors;

(f)

a fair and accurate -

(i)

report of proceedings of a scientific or

academic conference held anywhere in the world, or

(ii)

copy of, extract from or summary of

matter published by such a conference.

(3)

In sub-article (2) -

"court" includes -

(a)

any tribunal or body established under the

law of any country or territory exercising the judicial

power of the State;

(b)

any international tribunal established by

the Security Council of the United Nations or by an

international agreement;

(c)

any international tribunal deciding matters

in dispute between States;

"international conference" means a conference attended

by representatives of two or more governments;

"international organisation" means an organisation of

which two or more governments are members, and includes any

committee or other subordinate body of such an organisation.

(1)

In proceedings for defamation under this Act it shall

be a defence for the defendant in an action for libel to prove that the

information published or broadcast on written media consisted of an

accurate report of a statement made by a public figure who knew or

could reasonably have known or expected that the content of that

statement was to be published in written media and that the publication

of the said statement was reasonably justifiable in a democratic

society.

(2)

Proceedings for libel under this Act may also be instituted

against any public figure who shall have made a statement in

circumstances where he was aware or could have reasonably been

aware or have expected that the content of his statement was going to

be published in written media and in fact such content is in whole or in

part so published. The person or persons mentioned in this article shall

be deemed to have acted knowingly, in default of evidence to the

contrary.

In proceedings instituted under this Act, the Court may

order the defendant to pay a sum not exceeding eleven thousand, six

hundred and forty euro (€11,640) by way of moral damages in addition

to actual damages under any law for the time being in force

Provided that in actions for slander the maximum amount to

be awarded by way of moral damages shall be five thousand euro

(€5,000).

(1)

In an action for defamation the Court shall appoint

the case for a preliminary hearing within a period of twenty days from

the time allowed for the filing of the sworn reply.

(2) The Court shall, at the preliminary hearing, after hearing the

parties, decide whether the action may be determined by mediation or

agreement between the parties or through an apology, in all cases with

or without the payment of costs and or an amount of damages not

exceeding one thousand euro (€1,000). When the court decides that

there is a likelihood that the action is capable of being resolved by

agreement or mediation between the parties it shall refer the parties to

mediation to be concluded within a specified period after which the

action shall proceed if no agreement is reached between the parties.

(3)

Where the Court decides that the action may not be

determined as provided in sub-article (2) it shall proceed with the

hearing of the cause.

(1)

In assessing the sum being awarded under this Act in

an action for defamation, the Court shall take into account

(a)

the gravity and extent of the defamation or the

extent to which the defamation is likely to injure the reputation

of the plaintiff;

(b)

whether the defendant exercised due diligence

before publishing the defamatory matter;

(c)

whether the defendant made or offered to make an

apology to the plaintiff or to publish a clarification to the

satisfaction of the plaintiff before the action or as soon

afterwards as the defendant had an opportunity of doing so in

case of commencement of the action before there was an

opportunity of making or offering such apology or clarification.

(2)

Should the defendant have, prior to the commencement of

the proceedings, apologised and published an unreserved correction

with the same importance as the original publication or published a

reply submitted by the plaintiff with the same importance as the

original publication, then the Court shall not award in moral damages

an amount in excess of five thousand euro (€5,000).

(3)

It shall be lawful to take action in respect of each and every

imputation in the same case and the persons concerned in the libel may

be sued either jointly or severally

Provided that the amount of moral damages recoverable in

regard to the same case shall not exceed eleven thousand, six hundred

and forty euro (€11,640).

(4)

In assessing the sum to be awarded in an action for

defamation the Court shall also in such manner as it may consider

appropriate in the interests of proportionality, take into account the

economic capacity of the defendant and the impact which the payment

of the sum to be awarded is likely to have on the newspaper,

broadcaster, website, journalist or other media actor.

(1)

This article applies where an action for defamation is

brought against the editor of a website in respect of a statement posted

on the website.

(2)

It is a defence in mitigation of damages for the editor to

show that it was not the operator or person who posted the statement

on the website.

(3)

The defence is defeated if the plaintiff shows that -

(a)

it was not possible for the plaintiff to identify the

person who posted the statement, and

(b)

the plaintiff gave the editor a notice of complaint

in relation to the statement, and

(c) the editor failed to respond to the notice of

complaint or did not act in accordance with any provision

contained in regulations about such notices.

(4)

For the purposes of paragraph (a) of sub-article (3), it is

possible for a claimant to "identify" a person only if the claimant has

sufficient information to bring proceedings against the person.

(5)

The Minister may by regulations which shall be made after a

consultation process, and which shall take into account the need to

guarantee a fair balance between the protection reputation of persons

and freedom of expression exercised as is necessary in a democratic

society, and which shall be approved by resolution of the House of

Representatives before they come into force

(a)

make provision as to the action required to be

taken by an editor of a website in response to a notice of

complaint which may in particular include action relating to the

identity or contact details of the person who posted the

statement and action relating to its removal;

(b)

make provision specifying a time limit for the

taking of any such action;

(c)

make any other provision for the purposes of this

article.

(6)

Subject to any provision made by virtue of sub-article (5), a

notice of complaint is a notice which -

(a)

specifies the complainant’s name,

(b)

sets out the statement concerned and explains

why it is defamatory of the complainant,

(c)

specifies where on the website the statement was

posted, and

(d)

contains such other information as may be

specified in regulations.

(7)

The defence under this article is defeated if the plaintiff

shows that the editor of the website has acted with malice in relation to

the posting of the statement concerned.

(8)

The defence under this article is not defeated by reason only

of the fact that the editor of the website moderates the statements

posted on it by others.

(1)

This article applies if a person -

(a)

publishes a statement to the public ("the first

publication"), and

(b)

subsequently publishes (whether or not to the

public) that statement or a statement which is substantially the

same.

(2)

In sub-article (1) "publication to the public" includes

publication to a section of the public.

(3)

For the purposes of the time limit for actions for defamation

any cause of action against the person for defamation in respect of the

subsequent publication is to be treated as having accrued on the date of

the first publication.

(4)

This article does not apply in relation to the subsequent

publication if the manner of that publication is materially different

from the manner of the first publication.

(5)

In determining whether the manner of a subsequent

publication is materially different from the manner of the first

publication, the matters to which the Court may have regard include,

amongst other matters -

(a)

the level of prominence that a statement is given;

(b)

the extent and likely circulation of the subsequent

publication;

(c)

the method of publication.

(6)

Saving the provisions of sub-article (3), where a person

publishes multiple statements to the public which are substantially

similar to the first publication in terms of sub-article (5) and an action

for defamation has not yet been instituted, the person aggrieved shall

not be permitted to institute multiple actions against the same person

but shall, in the action so instituted, make reference to the various

publications and the Court may, in addition to the assessment

conducted in terms of article 11, take such multiple publications into

account when awarding damages in terms of article 9

Provided that, where an action has already been instituted

against a person in terms of this Act the claimant shall not be permitted

to institute new actions for such subsequent statements but may, by

application to the Court, bring such subsequent statements to the

attention of the Court and the Court may, in addition to the assessment

conducted in terms of article 11, take such subsequent statements into

account when awarding damages in terms of article 9.

Where the Court gives a decision for the plaintiff in an

action for defamation it may order -

(a)

the operator or editor of a website on which the

defamatory statement is posted to remove the statement from

that website, or

(b)

any person who was not the author, editor or

publisher of the defamatory statement to stop distributing,

selling or exhibiting material containing the statement.

(1)

Any person whose actions or intentions have been

misrepresented or who has been the victim of defamation or who has

had his private life intruded into through a publication is entitled to

demand to have published forthwith, free of charge, in the same

medium, a statement by way of contradiction or explanation

Provided that this article does not apply if the

misrepresentation occurs in a broadcast of a political nature which is

part of a scheme approved by the Broadcasting Authority where the

misrepresentation may be contradicted or explained by another

broadcast which is part of the same scheme.Where the

misrepresentation occurs in a broadcast which is the last broadcast in

any aformentioned scheme, the Broadcasting Authority shall decide on

the manner in which the right of reply shall be exercised

Provided also that no person shall be required to publish a

statement by way of contradiction or explanation which is defamatory

or which is not written in the language of the publisher or any of the

languages used by the broadcasting medium or website where it is

requested that it should be published

Provided further that the right of reply shall be restricted to

the correction or contradiction and, or explanation of facts and shall

not extend to the submission of a different opinion.

(2)

(a)

In the case of a newspaper, a reply in accordance

with this article shall be published as a separate article and without

being interpolated with any comments or other material that does not

form part of the reply, with appropriate prominence as the publication

in respect of which the right of reply is exercised and it shall not be

lawful to shorten or edit the reply in such a manner as to prejudice the

effective exercise of the right of reply under this article. The said

statement shall be published not later than the second issue of the

newspaper following the receipt of the request

Provided that when the right of reply is availed of in respect

of a publication in a newspaper published at intervals of at least one

week, the said statement shall be published in the issue immediately

following the receipt of the request if such request is received at least

four days before the publication of the said issue and not later than the

second issue following the receipt of the request in all other cases.

(b)

In the case of a broadcast, a statement in terms of

sub-article (1) shall be broadcast not later than the second day

following that on which the request is received; it shall be broadcast in

a way and at a time so that it reaches as much as possible the same

audience and with the same prominence, and the time allowed shall be

a time which is twice the time of the broadcast or part of the broadcast

complained of but which is not less than ninety seconds and not more

than one hundred and eighty seconds.

(c)

Without prejudice to the provisions of article 11,

where the claimant still files defamation proceedings despite the fact

that his reply has been published in terms of this Act, then the Court

shall, in its judgement, consider this fact and reduce any award as

appropriate.

(d)

In the case of media consisting of a website, a

statement in terms of sub-article (1) shall be uploaded on the website

not later than the second day following which the request is received.

The reply must be given the same prominence as that which was given

to the statement being replied to.

(e)

Where the editor or operator of a website receives

more than one reply about the same subject the editor or operator may

summarise the replies.

(f)

An editor or person responsible for the broadcasting

medium or an operator of a website responsible for the uploading of a

reply on a website who fails to comply with the provisions of this

article may, on the application of the complainant to the Court of

Magistrates in its civil jurisdiction, be ordered to publish such reply.

The Court may, after hearing the parties, also order the editor, person

responsible for the broadcasting medium or an operator of a website,

as the case may be, to pay a penalty to the complainant not exceeding

two thousand euro (€2,000).

(g)

The provisions of this article shall not apply to

privileged publications as defined in this Act.

(h)

The right of reply under this article shall lapse if the

person demanding such right shall not have claimed it within one

month from publication.

(1)

Whosoever shall publish any statement which he

knows or with due diligence could have known to be false and which

is likely to damage any business concern or any other property shall be

liable to pay to the injured party, in addition to the damages which may

be due under any law for the time being in force in respect of any

actual loss or injury, an amount not exceeding eleven thousand, six

hundred and forty euro (€11,640) to be fixed by the Court.

(2)

A company, a foundation, a co-operative and any other

moral person may sue and be sued for defamation.

(1)

An action shall lie for defamation of a deceased person

provided that the deceased person was the father or mother or sibling or

child of the plaintiff or the plaintiff is the heir of the deceased person and

the plaintiff can demonstrate that his own reputation was in fact harmed

by the statement.

(2)

The provisions of this article are without prejudice to the

right of any person to seek damages in an action for defamation on

account of statements which, although published about a deceased

person, are in fact defamatory in respect of the plaintiff so however

that the same statement may not give rise to the payment of damages

to the plaintiff more than once.

An action under the provisions of this Act shall, unless it is

subject to a shorter period of prescription under this Act, be barred by

prescription after the lapse of one year from date of publication.

(1)

Any person who is resident in Malta and who has

legal capacity may be an editor.

(2)

Whosoever is an editor or a publisher of a newspaper, may,

if he so elects, produce to the Media Registrar a declaration

containing-

(a)

in the case of the editor -

(i)

his name and surname, a legally valid

identification document number, age and place of work

or residence; and

(ii)

in the case of a newspaper, the title and

nature of the newspaper, and the intervals at which it is

proposed to be published; and

(b)

in the case of a publisher -

(i)

if the publisher is an individual, his name,

surname, age, place of work or residence and a legally

valid identification document number;

(ii)

if the publisher is a company or other

association of persons or legal person, its name, address,

the particulars mentioned in sub-paragraph (i) in respect

of its judicial representative, and, where applicable, its

company, partnership or other registration number;

(iii) the title and nature of the newspaper and

the intervals at which it is proposed to be published; and

(iv) the name and address of the press where

the printing is to take place,

and, if they chose to register as provided in this article, both the

editor and the publisher shall keep the Media Registrar at all times

informed of their place of residence or work and shall communicate

to the Media Registrar any change in his place of residence or work

within ten days of such change.

(1)

There shall be a Media Registrar who shall keep a

Media Register and enter therein the particulars referred to in article

19 and any changes thereto, and shall make such other entries therein

and such alterations thereto as may be appropriate or as may be

prescribed by regulations made by the Prime Minister under this Act.

(2)

Any person may inspect the Media Register at all reasonable

times during normal office hours and may also, against payment of the

appropriate fee, require a certified copy of any entry in or any extract

from the register kept under this article.

(3)

The Media Registrar shall cancel the registration of an editor

or a publisher of a newspaper or of a broadcasting service -

(a)

if he is so requested in writing by the editor or

publisher; or

(b)

if, in the case of a newspaper published at

intervals not exceeding one month, such newspaper is not

published for a period exceeding three months, and, in the case

of any other newspaper, it is not published for a period

exceeding one year; or

(c)

if, in the case of a broadcasting service, such

service ceases to be licensed

Provided that the provisions of this article shall not apply to

any periodical publication published by, or by order or leave of or for

the use of, the President of Malta, the Government of Malta or any of

its Ministries or Departments or by the House of Representatives.

(4)

The Prime Minister may by regulations provide

(a)

that the functions of Media Registrar shall be

fulfilled by such person or organization as may in his opinion

duly represent journalists and publishers; and

(b)

that in addition to the functions conferred upon

the Media Registrar by this Act the said Registrar may also

perform other functions in the field of training, analysis of

developments in the media and the fostering of alternative and

accessible means of dispute resolution relating to the media

Provided that any regulations made under this

sub-article shall be made after a consultation process and shall

be approved by a resolution of the House of Representatives

before they come into force.

Every holder of a broadcasting licence in Malta shall, for the

purposes of this Act, be considered as editor and be considered as

editorially responsible for the broadcasting service and may be

required to so register as editor in the Media Register unless such

person appoints another person to be editor in his stead.

No court or tribunal established by law shall require an

editor, author, publisher or operator of a website to disclose the source

of information contained in a newspaper or broadcast or website for

which he is responsible unless it is established to the satisfaction of the

court or tribunal that such disclosure is necessary in a democratic

society in the interests of national security, territorial integrity, public

safety, or for the prevention of disorder or crime or for the protection

of the interests of justice

Provided that when the editor, author, publisher or operator

of a website referred to in sub-article (1) is a media service provider or

an employee or contractor of a media service provider, the protection

as provided in sub-article (1) shall also extend to members of the

editorial staff of any such media service provider and to persons who

because of their regular or professional relationship with the said

media service provider or its editorial staff may have information

which is protected under this article

Provided further that the protection of sources provided for in

this article shall be without prejudice and in addition to the protection of

sources provided under Article 4 of Regulation (EU) 2024/1083 of the

European Parliament and the Council of 11 April 2024 establishing a

common framework for Media Services in the internal market and

amending directive 2010/13/EU (European Media Freedom Act).

No person whose sources are privileged in terms of article

22 shall be guilty of contempt of court for refusing to disclose the

source of information contained in a newspaper or broadcast or

website for which he is responsible unless the court or tribunal has

concluded that such disclosure is necessary in a democratic society in

the interests of national security, territorial integrity, public safety, or

for the prevention of disorder or crime or for the protection of the

interests of justice and such person persists in refusing to disclose the

source of the information.

In any proceedings before a court or tribunal, a certificate

issued and signed by the Media Registrar showing who is or at any

time was, the editor or the publisher of a newspaper, or a broadcasting

service shall constitute proof of its content unless the contrary is

proved.

(1)

The Press Act, hereinafter referred to as "the repealed

Act", is hereby repealed subject to the provisions of this article and

without prejudice to anything done or which may still be done

thereunder.

(2)

Notwithstanding the other provisions of this Act, the

repealed Act, as in force prior to being repealed by virtue of this Act,

shall continue to apply in respect of all causes pending before the

courts at the time of its repeal

Provided that by not later than the second court hearing after

the coming into force of this Act of any cause involving a civil claim

for defamation which at the time of the coming into force of this Act is

pending and not adjourned for final submissions or for judgement

before the Court of Magistrates in its civil jurisdiction, the said Court

shall mutatis mutandis apply the provisions of article 10(2).

(3)

The amounts of civil damages applicable under the repealed

Act prior to its repeal by this Act shall, notwithstanding the provisions

of this Act, continue to apply in respect of defamation causes filed

under the repealed Act prior to the coming into force of this Act.

(4)

Any criminal proceedings instituted under the repealed Act

prior to the coming into force of this Act and which, on the coming

into force of this Act, are pending before any court shall be

discontinued.