TERRORIST CONTENT ONLINE [ S.L. 9.30 SUBSIDIARY LEGISLATION 9.30 ADDRESSING THE DISSEMINATION
TERRORIST CONTENT ONLINE REGULATIONS 24th May, 2023 LEGAL NOTICE 67
these regulations is Addressing the Dissemination
Terrorist Content Online Regulations. Citation. 2. These regulations provide for the implementing provisions
Regulation (EU) 2021/784
the European Parliament and
the Council
29 April 2021 on addressing the dissemination
terrorist content online. Scope. 3. requires: Interpretation. In these regulations, unless the context otherwise "Charter"; means the Charter
Fundamental Rights
the European Union; "Code" means the Criminal Code; Cap.9. "Court" means the Court
Magistrates as a Court
Criminal Judicature; "Member State" means a Member State
the EU and the European Economic Area; "Police" means the Malta Police Force; "Regulation" means Regulation (EU) 2021/784
the European Parliament and
the Council
29 April 2021 on addressing the dissemination
terrorist content online. 4.
ficer not below the rank
inspector, a Magistrate may issue a removal orderin respect
a hosting service provider, in terms
the Regulation, requiring the hosting service provider in Malta or in another Member State to remove terrorist content or disable access to terrorist content in all Member States.
the removal order; Provided that a lesser period shall apply in urgent cases. Removal order. 1 2 [ S.L. 9.30 ADDRESSING THE DISSEMINATION
TERRORIST CONTENT ONLINE
the hosting service provider by electronic means capable
producing a written record under conditions that allow to establish the authentication
the sender, including the accuracy
the date and the time
sending and receipt
the order.
the removal order to the competent authority
the Member State where the hosting service provider has its main establishment or legal representative.
sub-article
the Regulation, the hosting service provider shall, without undue delay, submit the form set out in Annex II
the Regulation by means
an application to the Court containing information on the removal
the terrorist content or the disabling
access to the terrorist content in all Member States, indicating, in particular, the time
that removal or disabling.
sub-articles
the Regulation, the hosting service provider shall submit the form set out in Annex III
the Regulation, where applicable, by means
an application to the Court.
the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established,
that fact. When a hosting service provider is exposed to terrorist content. 5.
article 5
the Regulation , upon application to the Court filed by a Police
ficer not below the rank
inspector, the Magistrate shall hear submissions from the Police and the hosting service provider and, on the basis
objective factors, may decide that a hosting service provider is exposed to terrorist content and, in such case, notify the hosting service provider
the decision.
the decision and on an annual basis thereafter, report to the Police on the specific measures that it has taken in accordance with the provisions
article 5
the Regulation. S.L. 460.35.
the Critical Information Infrastructure Protection Unit, as defined in the Measures for High Common Level
Security
Network ADDRESSING THE DISSEMINATION
TERRORIST CONTENT ONLINE [ S.L. 9.30 3 and Information Systems Order, consider that the specific measures taken do not comply with paragraphs
the Regulation, the Police shall submit a report to the Court by means
an application filed by a police
ficer not below the rank
inspector. The Court shall hear submissions from the Police and the hosting service provider and may require the hosting service provider to take the necessary measures.
the request referred to in sub-regulation
that decision. 6. The Magistrate or the Police may request a hosting service provider to preserve terrorist content and related data for a specified period further to that provided in Article 6
the Regulation, for as long as necessary, for ongoing administrative or judi1cial review proceedings or for the purposes
complaint handling in accordance with Article 10
the Regulation. Preservation
content and related data. 7.
a removal order issued by the competent authority
another Member State against a hosting service provider established in Malta or having its legal representative in Malta, a Police
ficer not below the rank
inspector shall immediately, by means
an application, request the Court to decide whether it shall scrutinise the removal order in terms
the Regulation. Receipt
the removal order by the Police.
such scrutiny, the Magistrate finds that the order seriously or manifestly infringes the provisions
the Regulation or the fundamental rights and freedoms guaranteed by the Charter, the Magistrate shall adopt a reasoned decision to that effect.
the removal order and, where applicable, adoption
the reasoned decision, shall be carried out within seventytwo
receipt
the copy
the removal order by the Police.
receiving a removal order, an application together with a reasoned request to the Court requesting scrutiny
the removal order as referred to in subregulation
this regulation.
receiving the application referred to in sub-regulation
TERRORIST CONTENT ONLINE scrutiny
the removal order, adopt a reasoned decision setting out its findings as to whether the removal order seriously or manifestly infringes the provisions
the Regulation, or the fundamental rights and freedoms guaranteed by the Charter.
the removal order, decides that the removal order issued by the competent authority
another Member State is in accordance with the provisions
the Charter and
the Regulation, the Magistrate shall issue a reasoned decision requiring the hosting service provider to comply with the requirements
the removal order. When a removal order becomes final. 8. A removal order shall become final upon the expiry
two
Criminal Appeal, Inferior Jurisdiction, has been lodged, or upon confirmation following an appeal. Penalties. 9.
the obligations set out in Article 3
the Regulation shall be guilty
an
fence and shall be liable, on conviction, to the punishment
imprisonment for a term
not less than 6 (six) months and not more than two
the Regulation shall, on conviction, be liable to the punishment
a fine (multa) not exceeding four percent (4%)
his global turnover
the preceding business year.
the Regulation.
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.