Government Notices published in Government Gazette no 21,031 of 30th March 2023

IT is hereby notified that in accordance with Article 29 (1) of the Ġieħ ir-Repubblika Act, the President of Malta, acting on the advice of the Prime Minister, has approved the recognition of the conferment of the honour of Cavaliere –Ordine della Stella d'Italia, by the Italian Government to:

Mr Bjorn Vassallo

Mr Alfred Palma

Dr Paul Borg Olivier

Dr Sandro Debono

Marquis Nicholas De Piro

Ms Gillian Zammit

IT is hereby notified that in accordance with Article 29 (1) of the Ġieħ ir-Repubblika Act, the President of Malta, acting on the advice of the Prime Minister, has approved the recognition of the conferment of the honour of Cavaliere –Ordine della Stella d'Italia, by the Italian Government to:

Ms Cynthia De Giorgio

Mr Joseph Mizzi

Ms Maria Prosperi

Prof. Keith Sciberras

IN terms of Regulations 65(1) and 66 of the Public Procurement Regulations S.L. 601. 03, the Prime Minister has approved the appointment of Mr Mark Grech as member of the General Contracts Committee. 

This appointment is valid with effect from 28th March, 2023 up to 9th August, 2025.

CRIMINAL CODE (CAP. 9)

Addressing the Dissemination of Terrorist Content Online Regulations, 2023 (the “Regulations")

Explanatory Notes¹

1. Introduction

These Explanatory Notes refer to the Regulations made under the Criminal Code with the title “Addressing the Dissemination of Terrorist Content Online Regulations, 2023" which have been drawn up by the Ministry for Home Affairs, Security, Reforms and Equality and the Ministry for Justice.

It is a known fact that the detection and rapid removal of terrorist content online, which refers to material and information that incites, encourages or advocates terrorist offences, is crucial to prevent further dissemination of such content across other platforms.

The Regulations implement the requirements of Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online (the “Regulation" or the “EU Regulation") and should be read in conjunction therewith.

The EU Regulation may be accessed at:

https://eur-lex.europa.eu/eli/reg/2021/784/oj

2. Summary and background

The EU Regulation provides for the issuing of a removal order addressed to a hosting service provider so that the provider will remove or disable terrorist content online within one hour of receiving the removal order. The EU Regulation also provides for those instances where a hosting service provider is deemed to be exposed to terrorist content and to take specific measures not to remain so exposed. This Regulation provides for various other matters and its provisions, due to the fact that it is a Regulation, apply directly without the need for it to be transposed into national legislation.

The Regulations made under the Criminal Code aim to provide certain details that are not set out by the EU Regulation and that can only be laid down in national legislation. Among other things, the Regulations identify the competent authorities that shall carry out the various tasks that are found in the EU Regulation, some of the procedures that shall apply, and the penalties that will be applicable in case of non-compliance with the provisions of the EU Regulation. Thus, for example, when it comes to the issuing of a removal order, it is the Malta Police Force (“the Police") that is obliged to present an application to the Court of Magistrates so that the Court will consider whether such a removal order should be issued or not. Once the Court issues such order, it is the Malta Police which sends out the order to the hosting service provider in order to remove or disable access to the content within one hour. When it comes to removal orders issued by another Member State addressed to a hosting service provider established in Malta or having a legal representative in Malta, it is the Police who receive a copy of such order and the Police who make the request to the Court, by means of an application, so that the Court will consider whether to scrutinise the removal order and, if so, to carry out such scrutiny.

When it comes to the Court's decision on whether a particular hosting service provider is exposed to terrorist content, it is the Police who make the request to the Court, by means of an application, for the Court to consider the matter. The hosting service provider who is declared to be exposed to terrorist content has to take specific measures to address this fact.

The Office of the Attorney General and the Malta Police assisted during the drafting of these Regulations. The Courts of Justice and the Malta Communications Authority were consulted.

3. Overview of the structure of the instrument

The Regulations consist of 9 regulations concerning the following:

• Definitions

• Procedures relating to the issuing of a removal order by the Maltese authorities

• Procedures applicable when a hosting service provider is deemed to be exposed to terrorist content

• A provision relating to the preservation of content and related data

• Procedures relating to the receipt of a removal order issued by another Member State

• A provision on when a removal order is deemed to be final

• Provisions relating to penalties

4. Commentary on parts and articles

It is to be underlined that these Regulations must be read in conjunction with Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of terrorist content online, which is directly applicable in all Member States.

Regulation 4 deals with the issuing of a removal order by the Maltese authorities. In this case, when the Police deem that content appearing online constitutes terrorist content, they may apply to the Court so that the Court may consider whether or not to issue a removal order requesting the hosting service provider to remove or disable such content. If it is the first time that such an order is being addressed to the particular hosting service provider the Police, at least twelve hours before the removal order is issued, unless the case is deemed to be urgent, will need to provide him with information and the applicable procedures. The removal order will be sent to the contact point, to be appointed by the hosting service provider, via email so that the date and time will be on record.

If the hosting service provider is established or has its legal representative in another Member State, the Police will simultaneously send a copy of the removal order to the competent authority of that Member State.

The hosting service provider is to submit an application to the Court including the duly filled in Annex II of the Regulation in order to give details on the steps taken to remove/disable the content, indicating the time of removal. Should the hosting service provider not be able to comply with the removal order, in terms of the Regulation, he shall submit the application including the duly filled in Annex III.

When the removal order has been addressed to a hosting service provider established in another Member State, once the removal order becomes final, the Police would be required to inform the competent authority of the other Member State about this.

Regulation 5 deals with the measures that need to be taken when a hosting service provider is deemed to be exposed to terrorist content.

In this case, the Police may make an application to the Court to ask for the hosting service provider to be declared as exposed to terrorist content. The Court will hear submissions by both the Police and the hosting service provider and will make its own decision. If the Court deems that the hosting service provider is exposed to terrorist content, it shall notify him of such decision.

In such case, the hosting service provider has three months within which to report to the Police on the specific measures, in line with the provisions of the EU Regulation, that he has taken. If the Police, acting on technical advice, consider that the measures taken are not adequate, they shall submit an application to the Court and the Court shall hear the submissions of the Police and of the hosting service provider in order to decide whether to require the hosting service provider to take the necessary measures. The hosting service provider may at any time request the Court for an amendment or revocation of the decision.

Regulation 6 provides for the obligation of a hosting service provider to preserve content and data at the request of the Magistrate or the Police.

Regulation 7 provides for the procedures applicable, together with those of the EU Regulation, in the case of a removal order issued by another Member State and addressed to a hosting service provider in Malta. In these cases, while the hosting service provider remains obliged to remove or disable access to the content within one hour of receiving the removal order, the Member State receiving the copy (this time Malta) will be able to choose to scrutinise the removal order in order to determine whether it is in line with the provisions of the EU Regulation and those of the Charter of Fundamental Rights of the European Union. In such a case, when the Police receive a copy of that removal order (the other Member State is obliged to send a copy in terms of the EU Regulation), the Police shall make an application to the Court to decide whether to scrutinise the removal order or not. If the Court decides to scrutinise the order and then decides that the removal order is in breach of the Regulation or the Charter, it shall adopt a reasoned decision. This process has to be carried out within seventy-two hours of the receipt of the copy of the removal order by the Police.

The hosting service provider and the content provider may also submit an application to the Court, within forty-eight hours of receiving the removal order, for the Court to carry out the scrutiny referred to in the paragraph above.

If the Court decides that the removal order is in line with the Charter of Fundamental Rights of the European Union, it shall issue a reasoned decision requiring the hosting service provider to comply.

According to the provisions of Regulation 8, a removal order becomes final upon the expiry of two days where no appeal has been lodged with the Court of Criminal Appeal, Inferior Jurisdiction, or upon confirmation following an appeal.

Regulation 9 sets out the penalties that are applicable when the obligations set out in Article 3(3) and (6), Article 4(2) and (7), Article 5(1), (2), (3), (5) and (6), Articles 6, 7, 10 and 11, Article 14(5), Article 15(1) and Article 17 of the EU Regulation are not complied with. The punishment is different in the case of a body corporate or if a hosting service provider systematically or persistently fails to comply.

5. Concluding Section

These Regulations shall enter into force within two months from the date of their publication in the Gazette, in accordance with article 3(2)(b) of the Small Business Act (Chapter 512 of the Laws of Malta).

For further information please contact (euaffairs.mhsr@gov.mt).

N.B. These Explanatory Notes are not intended to be an exhaustive description of the instrument nor a substitute thereof or a legislative supplement to it. These Explanatory Notes do not purport to be an authoritative ruling on the interpretation of the legislation.

¹These Explanatory Notes are for the purpose of and in accordance with Article 3(2)(c) and Schedule III of Chapter 512 of the Laws of Malta.

Lower Barrakka Gardens

It is notified for general information that as enabled by Section 2 of the Public Gardens (Closing) Ordinance (Cap. 34) the Director of Agriculture has approved that Lower Barrakka Gardens will be closed to the public on Saturday 8th April, 2023. and will be under the control of Michael Mallia.

Lower Barrakka Gardens

It is notified for general information that as enabled by Section 2 of the Public Gardens (Closing) Ordinance (Cap. 34) the Director of Agriculture has approved that Lower Barrakka Gardens will be closed to the public on Sunday 30th April, 2023 and will be under the control of MTA.