Malta

Broadcasting Act, Cap. 350, arts. 16R-16S, inserted by the Broadcasting (Amendment) Act, 2020 (Act No. LVI of 2020)

Applies to private

Article 16S requires a video-sharing platform provider under the jurisdiction of Malta to take the necessary measures to protect minors from programmes, user-generated videos and audiovisual commercial communications which may impair their physical, mental or moral development. Those measures include establishing and operating age verification systems for users of video-sharing platforms with respect to such content.

They also include providing for parental control systems that are under the control of the end-user with respect to such content. Personal data of minors collected or otherwise generated through those age-verification or parental-control measures may not be processed for commercial purposes such as direct marketing, profiling and behaviourally targeted advertising. The Broadcasting Authority ensures that all video-sharing platform providers under its jurisdiction apply such measures.

The Act was passed by the House of Representatives on 2 December 2020. It received presidential assent on 7 December 2020. It was published in the Government Gazette of Malta on 7 December 2020. Under article 72(4) of the Constitution of Malta, a law does not come into operation until it has been published in the Gazette, and Parliament may postpone its coming into operation. The Act contains no commencement clause.

Source: Full text of law