European Media Freedom Act (Measures for Implementation)

L.N. 175 of 2025

EUROPEAN UNION ACT

(CAP. 460)

European Media Freedom Act (Measures for Implementation)

Order, 2025

IN EXERCISE of the powers conferred by article 4 of the

European Union Act, the Prime Minister, has made the following

order:-

PART I

Preliminary

(1) The title of this order is the European Media Freedom

Act (Measures for Implementation) Order, 2025.

(2) The scope of this order is to implement the requirements 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.

(3)

The provisions of article 17 shall come into force on the

8th May 2027.

(4) In the case of conflict between the provisions of this order

and the provisions of any other national law, this order shall prevail.

(1)

In this order, unless the context otherwise requires

"EMFA" means Regulation (EU) 2024/1083 of the

European Parliament and of 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);

"Head of the Office" means the Head of the Office for

Advertising and the Media established by article 3;

"Office" means the Office for Advertising and the Media.

(2) Unless the context otherwise requires, words and phrases

used in this order shall have the same meaning as assigned to them in

the EMFA Regulation.

PART II

Office for Advertising and the Media

(1) There shall be established a body to be known as the Establishment

Office for Advertising and the Media, which shall perform such of

Advertising and

functions relating to the implementation of the EMFA Regulation as the Media.

may be assigned to it in this order or by further order by the Prime

Minister. The Prime Minister may also by order in the Gazette assign

other functions to the Office related to advertising or to the media.

(2) The Office shall be a body having a distinct legal

personality from that of the Government and shall be capable, subject

to the provisions of this Order or of any other law from time to time

regulating public entities, to enter into contracts, to hold and dispose of

property of any kind for the purpose of its functions, to sue and be sued

and to enter into all such other transactions as are incidental or

conducive for the proper and independent performance of its

functions.

(3) The legal and judicial representation of the Office shall vest

in the Head of the Office.

(4) The President acting on the advice of the Prime Minister,

after having consulted with the Leader of the Opposition shall appoint

as Head of the Office a person whose past experience shall include that

of having held an office established by the Constitution.

(5) The performance of the functions of the Head of the Office

shall be incompatible with the holding of any other public office or

with the performance of any other professional or business activity.

(6) The Head of the Office shall be appointed for a term of

seven (7) years and shall not be eligible for re-appointment.

(7) The Head of the Office may only be removed from office

by the Prime Minister, after consultation with the Leader of the

Opposition, before the expiry of his term of appointment for inability

to discharge the functions of his office, whether arising from mental or

physical infirmity or any other cause, or for misbehaviour. Any said

removal shall however be subject to judicial review on points of law

and points of fact before the First Hall of the Civil Court upon an

application to be filed by the person aggrieved within thirty (30)

working days from the removal and the provisions of the Code of Cap. 12.

Organization and Civil Procedure applicable to causes heard before the

First Hall of the Civil Court shall apply to proceedings instituted under

this sub-article

Provided that in giving judgment upon such an action the

Court shall, if it considers it to be appropriate in the circumstances, be

entitled to order the payment of compensation instead of annulling the

removal.

(1) The Head of the Office shall perform his duties

independently and shall not be subject to the direction or control of

any other person or authority in the exercise of his functions.

(2) The Head of the Office may regulate the functions of the

Office as he deems fit and shall be allocated such resources and may

be assisted by such persons with experience or qualifications in

matters related to his functions according to a budget as may be agreed

with the Ministry responsible for finance.

(3) Without prejudice to article 3, the conditions of tenure of

the Head of the Office shall be such terms and conditions as specified

at the time of his appointment to ensure his impartiality and

independence.

(4) The Office shall every year, by not later than the 1st April,

draw up a report of its workings and finances which shall be made

available to the public and shall be sent to the Minister responsible for

broadcasting and, or audiovisual media who shall lay a copy thereof on

the Table of the House

Provided that the first annual report of the Office may be

published by the 1 April 2027 and shall cover the period from the

commencement of operations of the Office until the 31st December

2026.

Without prejudice to the provisions of the EMFA which

may allow higher administrative penalties or grant further powers, for

the purposes of fulfilling his duties, the Head of the Office shall have

the power to

(a) require any legal or natural person or entity to

provide relevant information or produce relevant documents

related to any matter provided in the EMFA Regulation or in any

other law or regulations which the Office may from time to time

be authorised to administer or enforce;

(b) request further information from public authorities or

entities, including detailed information on the application of

criteria and procedures in respect of any matter regulated or

provided for in the EMFA Regulation or in any other law or

regulations which the Office may from time to time be authorised

to administer or enforce;

(c) subject to the right of a fair hearing, issue

administrative penalties not exceeding two thousand and five

hundred euro (€2,500) against any person who without good

cause fails to comply with a request of the Office to provide any

information which is required by it in terms of this order, in the

case that the Head of the Office considers that the breach is not

of a very serious nature and does not merit criminal prosecution;

(d) conduct investigations, including on-site inspections

of relevant records, to ensure compliance with this order or with

any other law or regulations which the Office may from time to

time be authorised to administer or enforce;

(e) liaise with other competent authorities or regulatory

bodies or seek the assistance of such authorities or bodies he may

deem necessary for the purpose of the performance of the

functions of the Office.

(1) Any person who without good cause fails to comply Offences and

with any order of the Head of the Office issued in terms of this order administrative

penalties.

shall be guilty of an offence and shall be liable upon conviction to a

fine (multa) of not less than five hundred euro (€500) and not more

than ten thousand euro (€10,000) and to a fine of fifty euro (€50) for

each day on which the offence persists

Provided that the Head of the Office may also opt to impose

an administrative fine not exceeding two thousand five hundred euro

(€2,500) instead of prosecution.

(2) Any administrative penalty imposed under this order shall be

subject to appeal before the Court of Appeal (Inferior Jurisdiction) by

application to be filed within twenty (20) days from the date when the

said administrative penalty was served on the person upon whom it was

imposed. The provisions of the Code of Organization and Civil Cap. 12.

Procedure regarding the hearing of appeals by the Court of Appeal

(Inferior Jurisdiction) shall apply to the hearing of such apply.

(3) The provisions of this article and of article 5(c) are without

prejudice to any provisions of the EMFA Regulation which may

provide for higher administrative penalties or other sanctions and the

provisions of this article and of article 5(c) shall only apply where the

provisions of the POLADS Regulation or EMFA providing for

penalties or sanctions do not apply to particular situations.

PART III

Implementation of the EMFA

For the purpose of the effective protection of journalistic

sources and confidential communications, no state authority shall take

measures which

(a) oblige media service providers or their editorial staff

to disclose information related to or capable of identifying

journalistic sources or confidential communications or oblige

any persons who, because of their regular or professional

relationship with a media service provider or its editorial staff,

may have such information to disclose it;

(b) detain, sanction, intercept or inspect media service

providers or their editorial staff or subject them or their corporate

or private premises to surveillance or search and seizure for the

purpose of obtaining information related to, or capable of

identifying journalistic sources or confidential communications

or detain, sanction, intercept or inspect any persons who, because

of their regular or professional relationship with a media service

provider or its editorial staff, might have such information or

subject them or their corporate or private premises to

surveillance or search and seizure for the purpose of obtaining

such information;

(c) deploy intrusive surveillance software on any

material, digital device, machine or tool used by media service

providers, their editorial staff or any persons who, because of

their regular or professional relationship with a media service

provider or its editorial staff, may have information related to or

capable of identifying journalistic sources or confidential

communications.

(1) The provisions of paragraphs (a), (b) and (c) of article

7 may be derogated subject to the conditions provided in Article 4(4)

and (5) respectively of the EMFA.

(2) Where by way of derogation from the provisions of

paragraphs (a), (b) and (c) of article 7, an interception or an

interference is carried out as provided in article 6(2) of the Security

Service Act, the warrant authorising or approving such interception or

interference shall, after being obtained in accordance with the Security

Service Act be immediately reviewed by the person holding the office of

Commissioner in accordance with article 12 of the Security Service Act

and the said warrant shall not be executed and shall have no effect if in

the said review the Commissioner finds a lack of a sufficient legal and

factual basis to reasonably justify the execution thereof.

(3) The prior authorisation provided for in Article 4(4)(d) of

the EMFA shall be obtained in accordance with the said procedure

provided in sub-article (2) and the provisions of the said sub-article shall

apply mutatis mutandis to the said prior authorisation.

The regular review referred to in Article 4(6) of the EMFA Regular review.

shall be carried out by the Commissioner who holds office in

accordance with article 12 of the Security Service Act.

The right of media service providers, their editorial staff or Judicial

any persons who, because of their regular or professional relationship protection

through the First

with a media service provider or its editorial staff, may have Hall

Court.

information related to or capable of identifying journalistic sources or

confidential communications to effective judicial protection, regarding

breaches of Article 4(3) to (7) of the EMFA shall be enforceable by the

First Hall of the Civil Court upon an application by the injured party

and the provisions of the Code of Organization and Civil Procedure

applicable to the trial of causes heard before the First Hall of the Civil Cap. 12.

Court, including the power of the Court to order hearings in camera,

shall apply to proceedings instituted under this article.

The Chief Executive Officer of the provider of public Appointment of

service media shall be appointed by means of a competitive process Chief

Officer of

after an open call to be published at least one (1) month in advance in provider

public service

which the selection criteria shall be made public.

media.

Decisions for the dismissal of the Chief Executive Officer Dismissals in

or, where in place, the members of the management board of the public

media.

provider of public service media before the end of their term of office

shall be subject to judicial review on questions of law and questions of

fact before the First Hall of the Civil Court upon an application by the

injured party to be filed by not later than six (6) months from such

dismissal, and the provisions of the Code of Organization and Civil Cap. 12.

Procedure applicable to the trial of causes before the First Hall of the

Civil Court shall apply to proceedings instituted under this article.

The monitoring function provided for in Article 5(4) of the Broadcasting

Authority to

EMFA shall be carried out by the Broadcasting Authority.

carry out

monitoring

function of

public service

media.

The information to be made easily and directly accessible National media

to recipients of services of media service providers and to be kept up- ownership

database.

to-date in accordance with Article 6(1) of the EMFA shall in all cases

also be provided to the Media Registrar appointed in accordance with

article 20 of the Media and Defamation Act, who shall together with Cap. 579.

the Head of the Office develop a national media ownership database

containing the said information, which shall be made available to the

public by electronic means.

The Broadcasting Authority shall perform the tasks

assigned to national regulatory authorities under Chapter III of the

EMFA and in doing so, it shall not be precluded from taking into

account any opinion issued by the European Board for Media Services

established under the EMFA.

(1) The Broadcasting Authority shall be entitled to

request the following persons to provide, within a reasonable period of

time, information and data that are proportionate and necessary for

carrying out the tasks provided under Chapter III of the EMFA

(a) natural persons to whom or the legal persons to which

the said Chapter III of the EMFA applies; and

(b) any other natural or legal person that, for purposes

related to its trade, business or profession, might reasonably be

in possession of such information and data.

(2) Any person who fails to comply with a request of the

Broadcasting Authority made in accordance with the provisions of this

order within the time stipulated by the Authority shall be guilty of an

offence and shall be liable on conviction to a fine (multa) of not less

than five hundred euro (€500), but not more than ten thousand euro

(€10,000), and to a fine (multa) of not more than fifty euro (€50) for

each day during which the offence persists.

The Office and, or such other public entity as the Minister

responsible for broadcasting and, or audiovisual media may by order

from time to time designate, shall be the competent authority to take or

propose appropriate measures to ensure that manufacturers, developers

and importers of devices and user interfaces controlling or managing

access to and the use of media services providing programmes in

Malta comply with the requirements of Article 20 of the EMFA and for

this purpose the said Office or other public entity as aforesaid may

demand the assistance of any other public authority.

(1) The Broadcasting Authority shall be competent to

take the regulatory or administrative measures provided for in Article

21 of the EMFA.

(2) When the Broadcasting Authority takes such measures as

provided in sub-article (1), any person who is individually and directly

concerned with such measures shall have a right to appeal the

regulatory or administrative measure before the Court of Appeal

(Inferior Jurisdiction) by means of an application to be filed within

twenty (20) days from the date from which the measure was

communicated to such person. The provisions of the Code of Cap. 12.

Organization and Civil Procedure regarding the hearing of appeals by

the Court of Appeal (Inferior Jurisdiction) shall apply to the hearing of

such appeal.

(1) Public authorities and entities which use public funds Monitoring

for the purpose of their advertising shall every six (6) months report to of

advertising

the Office the following details on state advertising contracts reports

filed with the

concluded by them with media service providers

Office.

(a) the name of the media service provider or provider of

online platforms contracted;

(b)

the total value of the contract;

(c)

a description of the advertising services provided.

(2) The Office shall also ensure that public authorities or

entities to which sub-article (1) applies make available to it

information on state advertising expenditure on an annual basis.

(3) The Head of the Office may at any time report to the Prime

Minister on any matter relating to the discharge of the functions of the

Office relating to state advertising under this article.

(1) The Office shall monitor and report at the end of each Annual report

financial year by not later than the 1st April of the following year on by

State

the allocation of state advertising expenditure to media service advertising.

providers and providers of online platforms.

(2) The said annual report of the Office shall include detailed

data on the allocation of funds for State advertising.

(3) The report shall be made publicly available in an easily

accessible format which shall also be available through electronic

means.

PART IV

Amendments to the Broadcasting Act

This Part amends the Broadcasting Act and it shall be read

and construed as one with the Broadcasting Act, hereinafter in this Part

referred as the "principal Act".

In the first proviso to article 16 of the principal Act the

words "in paragraphs (i) to (vi)." shall be substituted by the words "in

paragraphs (i) to (vi):" and immediately thereafter there shall be added

the following new proviso

"Provided further that prior to the Authority

authorising any of the measures referred to in paragraphs (i) to

(vi), it shall assess the effects of the proposed actions on

competition, consumer choice, and the overall plurality of

viewpoints in the media landscape and it shall take such

assessment into consideration in deciding to grant or to withold

its consent.".

In article 16G of the principal Act the definition

"programme" shall be substituted by the following new definition

" "programme" means a set of moving images with or

without sound, or sound, with or without moving images,

constituting a single item, irrespective of its length, within a

schedule or a catalogue established by a media service

provider;".

PART V

Amendments to the Media and Defamation Act

This Part amends the Media and Defamation Act and it

shall be read and construed as one with the Media and Defamation

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

Article 2 of the principal Act shall be amended as follows

(a) immediately after the definition "editor" there shall

be added the following new definition

" "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;";

(b) immediately after the definition "media" there shall

be added the following definitions

" "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 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;".

In article 22 of the principal Act the words "of the interests Amendment of

of justice." shall be substituted by the words "of the interests of article

principal Act.

justice:" and immediately thereafter there shall be added the following

new provisos

"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).".

€0.99