November 2000

Malta Update Memo

The following report outlines new developments in the past three months and the state of on-going developments.

1. Introduction and Summary

The bill to set-up the Communications Authority and approve the Government's plan for the liberalisation of the Telecommunications sector was approved by Parliament in July 2000 after 23 sittings before the summer recess.

As a result of this liberalisation, in September 2000 go mobile was granted a license of operation as the second mobile phone operator in Malta. Vodafone (Malta) was also granted a new license to operate in the liberalised environment after its monopoly was terminated before its expiry.

The new Communications Authority is being set-up and the first chairman was due to be announced by the end of September or the beginning of October.

The White Paper entitled "Information Practices Legislative Framework" published in May 2000, should be discussed and approved by Parliament before the end of the year, according to the Minister for Justice Local Government. The Bills in the framework are: Electronic Commerce Bill, Data Protection Bill and Computer Misuse Bill. The bills aim to establish functional equivalence between electronic and conventional transactions and communication, set parameters for determining authentication and non-repudiation of transactions and communications, introduce rules to govern privacy and related issues, and establish a regime for regulating crime arising from misuse and abuse of information technology.

The Central Management Information Unit (CIMU) has overall responsibility for the publication of the Framework. http://cimu.magnet.mt

2. Information Society Policy

2.1 Umbrella Policies and national IS strategy

The Minister for Justice and Local Government announced that the Cabinet of Ministers is considering the setting up of an "Information Society and Economy Commission", which would be empowered to act as the catalyst to transform the island into an information society and economy.

2.2 Telecommunications and Internet

The current scenario of telecommunications in Malta (June 2000), reads as follows: -

3. Institutions and organisations in charge of IS regulation

3.1 National regulatory authorities

The new Maltese Communications Authority, by virtue of the law passed in the House of Representatives in July 2000, will take a regulatory and supervisory role in the development of the Maltese Information and Communications Technology sector. Some of the functions, as listed in the bill, are:

(a) Ensure freedom of communication and that communications shall not be limited except when this is necessary for any of the following reasons:

(i) the protection of the right to privacy;
(ii) the defence of national security, territorial integrity or public safety;
(iii) the prevention of disorder or crime;
(iv) the protection of public health;
(v) the protection of morals and respect for the dignity of the human person;
(vi) the protection of the rights and freedoms of others;
(vii) the prevention of the disclosure of information received in confidence;
(viii) the maintenance of the authority and impartiality of the judiciary;
(ix) the technical constraints inherent in the means of communication;

(b) regulate, monitor and keep under review all practices, operations and activities relating to any matter regulated by or under this Act;
(c) grant any licence, permit or other authorisation, for the carrying out of any operation or activity relating to any matter regulated by or under this Act;
(d) regulate and secure interconnectivity for the production, transmission and distribution of the services, products, operations or activities relating to any matter regulated by or under this Act;
(e) ensure fair competition in all such services, products, operations and activities;
(f) establish minimum quality and security standards for any of the said services, products, operations and activities and to regulate such measures as may be necessary to ensure public and private safety;
(g) carry out studies, research or investigation relating to any matter regulated by or under this Act;
(h) provide information and issue guidelines to the public and to commercial entities relating to any matter regulated by or under this Act;
(i) regulate the price structure for any activity regulated by or under this Act and where appropriate to establish the mechanisms whereby the price to be charged for the services, products, operations or activities is determined;
(j) establish measures for the protection of the environment in the provision of the services, products, operations or activities relating to any matter regulated by or under this Act;
(k) advise the Minister for Communication on the formulation of policy in relation to matters regulated by or under this Act, and in particular in relation to such international obligations;
(l) formulate and implement the policies and strategies with short-term and long-term objectives in relation to the matters connected with its functions under this or any other Act;
(m) encourage the provision of communications services in Malta and enable persons providing communications services in Malta to compete effectively in the provision of such services outside Malta;
(n) encourage users of communications services to establish places of business in Malta.