Advertising in Malta is primarily regulated under the Consumer Affairs Act (Chapter 378 of the Laws of Malta), the Broadcasting Act (Chapter 350 of the Laws of Malta), as well as subsidiary legislation pertaining to specific sectors.

Whilst the Commercial Code (Chapter 13 of the Laws of Malta) does not explicitly regulate advertising practices, it does set out the general legal framework for acts of commerce and is particularly relevant to advertising insofar as this can lead to complaints of unfair competition.

The Malta Competition and Consumer Affairs Authority (MCCAA) is the principal body overseeing advertising from a consumer protection perspective. It enforces the Consumer Affairs Act and the Competition Act (Chapter 379 of the Laws of Malta), ensuring that advertising is not unfair, misleading, or anti-competitive. The MCCAA has the power to investigate complaints, issue compliance orders, impose administrative fines, require corrective advertising, and accept binding commitments from traders. Claims of up to EUR10,000 are resolved by the Consumer Claims Tribunal. Larger claims are heard before the Maltese civil courts. Consumer violations are punishable by fines of up to EUR47,000.

Violations falling within the scope of the Broadcasting Act are enforced through the Broadcasting Authority (BA). The BA monitors and regulates all radio and television broadcasts from Malta. Violations of this Act are punishable by fines of up to EUR11,646, a six-month prison term, or both.

Breaches related to advertisements that are regulated by other legislation are subject to the applicable enforcement authorities, according to the law, including:

• the Malta Gaming Authority, for adverts and promotions relating to gambling services under the Gaming Act;
• the Malta Financial Services Authority, for advertising of financial services and products, including investment services and insurance, under the Investment Services Act and the Insurance Distribution Act; and
• the Information and Data Protection Commissioner (IDPC), which regulates advertising practices involving personal data, among others.

Deceptive advertising is any commercial communication that, by providing false or misleading information, or omitting material details in presentation or timing, deceives or is likely to deceive the average consumer, influencing their economic decision. It is primarily regulated by the Broadcasting Act, the Consumer Affairs Act and the Commercial Code (Chapter 13 of the Laws of Malta).

The main liability falls on traders and businesses that issue advertising as part of their commercial practices. Under the Consumer Affairs Act, any trader who engages in a misleading action, omission, or aggressive practice can be held responsible, regardless of whether the advertising was published directly by the business or through third parties.

In addition, advertising agencies, media outlets, and publishers may also incur liability where they knowingly participate in or disseminate misleading content.

The Commercial Code, in Article 32B, also defines deceptive forms of advertising in the same manner as the Consumer Affairs Act. In a very limited manner, it addresses the liability of “traders” who contravene any of the prohibitions related to deceptive advertising within this code. In determining whether an advertisement is misleading, the law considers, when looking at the product or service as a whole, whether it gives false of unclear information about:

• the product or service itself – such as its availability, quality, features, purpose, origin, how it is made, what it can do, or the results of any tests carried out;
• the price – including how the price is worked out and the conditions under which the product or service is offered; and
• the advertiser – including who they are, their qualifications, assets, rights (like trade marks or patents), or any awards or recognition they claim.

Further, professional service providers and intermediaries such as marketing consultants, brand managers, or public relations firms may face liability where their actions contribute to the design and/or approval of deceptive material. In certain regulated industries, such as financial services, pharmaceuticals, or gambling, the scope of liability is of course, even wider. Here, directors, officers, and licensed operators themselves may be held directly responsible for the content of their advertising, with regulatory authorities such as the MFSA, the Medicines Authority, and the MGA empowered to impose sanctions, revoke licences, or issue personal penalties for breaches.

The law more broadly addresses misleading and unfair commercial practices, following the transposition of the EU Unfair Commercial Practices Directive (2005/29/EC), which protects consumers from unfair business-to-consumer practices, ensuring a high level of consumer protection and fair competition.

Generally, advertising encompasses any form of communication made in the course of trade, business, craft, or profession directly connected with the promotion, sale or supply of a product to consumers, that is intended to promote, directly or indirectly, the goods, services, image, or reputation of a trader. The definition is not confined to traditional media but extends across all platforms and forms of marketing communication.

The Commercial Code and the Consumer Affairs Act both define “advertising” as “any form of representation, including a catalogue, a circular and a price list, about a trade, business, craft or profession in order to promote the supply or transfer of goods or services, immovable property, rights or obligations.”

The Broadcasting Act similarly defines advertising in audiovisual media services as any form of announcement broadcast in return for payment or other consideration, with the objective of promoting goods, services, or ideas by a public or private undertaking.

In addition, certain industry-specific communications are automatically treated as advertising.

Pre-approvals are not generally required from government or other authorities in relation to most forms of advertising. Businesses are expected to comply with the rules set out in the Consumer Affairs Act, the Broadcasting Act, and sector-specific legislation, and enforcement usually takes place after publication if a complaint or breach is identified.

The intellectual property rights under Maltese law are accorded through various legislation, such as the Commercial Code, the Copyright Act, the Trademarks Act, and the Patents and Designs Act (Chapter 417 of the Laws of Malta).

Firstly, in relation to intellectual property, the Copyright Act (Chapter 415 of the Laws of Malta) protects literary, artistic, photographic, and audiovisual works. Using copyrighted material such as photographs, artwork, music, or videos in advertising without the author’s consent constitutes copyright infringement and may expose the advertiser to civil liability (under Chapter IX of the Act). Likewise, the Trademarks Act (Chapter 597 of the Laws of Malta) prohibits the unauthorised use of registered trade marks, logos, or brand identifiers in advertising, particularly where such use misleads consumers or creates a false association with the rights-holder.

Secondly, the use of an individual’s name, image, voice, or likeness is protected under data protection law. Under the Data Protection Act (Chapter 586) and the GDPR, an individual’s image, voice, and other personal identifiers are treated as “personal data”. This means that their use in advertising requires a valid legal basis, such as the individual’s explicit consent.

Using such personal attributes without permission could amount to a data protection breach, exposing the advertiser to significant administrative fines by the Information and Data Protection Commissioner (IDPC).

In Malta, advertising is primarily regulated through statutory bodies, but there are also self-regulatory and co-regulatory authorities that complement formal enforcement.

The Malta Chamber of Commerce, Enterprise and Industry, for instance, issues codes of ethics and best practice guidelines that apply to its members, including businesses, advertisers, and marketing agencies. These codes establish standards of fairness, honesty, and responsibility in commercial communications. While the Chamber does not have statutory enforcement powers, it can handle complaints, mediate disputes between members and consumers, and take disciplinary action against members who breach the standards.

Sector-specific industry associations also play a self-regulatory role in Malta. For example, the alcohol and beverages industry has voluntary codes aligned with EU standards that govern responsible marketing, ensuring that advertising does not target minors or promote excessive consumption. Similarly, associations in the food and retail sectors maintain codes of practice related to promotional claims, nutrition, and labelling. These bodies typically manage compliance through internal review processes and complaint handling, and remedies often include withdrawal or amendment of the advertising, publication of corrective statements, and reputational accountability within the industry.

In addition, professional advertising and marketing bodies in Malta adopt voluntary standards based on principles from the European Advertising Standards Alliance (EASA). These principles cover truthfulness, decency, transparency, and social responsibility in advertising. Compliance with these standards is voluntary but often incorporated into professional or contractual obligations for marketing and PR agencies.

Consumers can challenge advertising practices through a private right of action against businesses or entities that engage in misleading advertising that harms their interests. The Consumer Affairs Act provides the legal framework for such challenges.

The Consumer Claims Tribunal has been established to hear and determine consumer claims that do not exceed EUR10,000, and where the claim relates to, arises out of or concerns, whether directly or indirectly, the purchase or hire of goods by a consumer from a trader or the provision of services by a trader to a consumer. Larger claims must be heard by the Civil Courts of Malta.

Action may also be sought by means of the Complaints and Conciliation Directorate, within the MCCAA. Prior to the registration of such complaints, all efforts must be made to reach an amicable solution between the parties in dispute. Failing this, a complaint can be filed with the MCCAA. The MCCAA will evaluate the merits of the claim and inform the trader of their legal obligations. If an amicable solution is not reached, the consumer may then submit a claim before the Consumer Claims Tribunal.       

Regarding important legislative reform, the proposed Digital Fairness Act (DFA) represents the European Commission’s response to the growing gap between traditional consumer protection laws and the realities of the digital marketplace. Current EU rules in force were designed for a pre-digital world and do not adequately address online environments shaped by algorithms, manipulative interfaces, deceptive subscription models, and influencer marketing. The DFA is intended to complement the Digital Services Act (DSA) and Digital Markets Act (DMA), focusing specifically on the position and rights of individual consumers. However, the proposal is expected in 2026, with legislation likely to apply following 2027 or 2028.

In case actions regarding deceptive advertising, the MCCAA has initiated legal proceedings against Melita Limited over alleged unfair commercial practices related to a price increase announced in August 2024. The case, filed in the First Hall of the Civil Court (Commercial Section) on 3 April 2025, follows an investigation prompted by consumer complaints. The MCCAA contends that Melita’s communications and contract changes may have misled consumers, particularly because customers were not offered the option to retain their existing service at the previous rate, despite being able to terminate or switch plans.

Under the Consumer Affairs Act and related EU directives, advertising must be truthful, clear, and not misleading. This includes avoiding statements that could be considered offensive or culturally insensitive, as such content could be construed as an unfair commercial practice.

The Broadcasting Act imposes restrictions on the content of advertisements on radio, television, and audiovisual media.

Specifically, Article 16K of the Broadcasting Act restricts any form of advertisement that would:

• prejudice respect for human dignity;
• promote any discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
• encourage behaviour prejudicial to health or safety; or
• encourage behaviour grossly prejudicial to the protection of the environment.

While the regulation of advertising in Malta has remained relatively stable, there has been increased scrutiny of political advertising practices in the EU. These concerns have also prompted ongoing developments in the regulations governing political advertising in Malta.

At the EU level, significant legislative changes have impacted political advertising across member states, including Malta. In March 2024, the EU adopted Regulation (EU) 2024/900 on the Transparency and Targeting of Political Advertising, which will apply in full from 10 October 2025. This regulation establishes harmonised rules for transparency and targeting in political advertising, aiming to ensure that citizens can easily recognise political advertisements, understand who is behind them, and know whether they have received a targeted advertisement.

The standards for determining whether advertising claims are deceptive or misleading are primarily derived from the Consumer Affairs Act, the Unfair Commercial Practices Directive (2005/29/EC), and related sector-specific legislation. Under these frameworks, advertising is considered misleading if it contains information that could materially distort the economic behaviour of the average consumer, leading them to make decisions they would not otherwise have made.

A claim is deemed deceptive if it involves false statements or omissions regarding key characteristics of the goods or services that are being promoted through the adverts, including price, quality, origin, benefits, or contractual terms.

Articles 51C and 51D of the Act provide for several “actions” and “omissions” considered misleading and in breach of the Act.

Article 32B of the Commercial Code further prohibits traders from engaging in any form of misleading advertising. The Commercial Code directly defines and references unfair and misleading advertising as delineated within the Consumer Affairs Act.

Furthermore, the Broadcasting Act considers advertising that is not immediately recognisable as such as “surreptitious” (or secretive) audiovisual commercial communication. Such surreptitious advertising is prohibited as this might mislead the public.

In Malta, all advertising claims are potentially subject to regulation, whether they are express (explicitly stated) or implied (suggested through imagery, context, or wording). The key standard is whether the claim could materially influence the economic behaviour of the average consumer, namely in line with the Consumer Affairs Act.

A commercial practice under the Consumer Affairs Act is considered in violation if it significantly distorts, or has the potential to distort, the economic choices of the average consumer as outlined in Articles 51C and 51D. The Act focuses on practices that could materially distort the economic choices of a specific group of consumers who may be more vulnerable due to factors like age, mental or physical infirmity, or credulity.

As a result, a case-by-case method is applied.

The substantiation of advertising claims is guided by the Consumer Affairs Act and reinforced by EU legislation such as the Unfair Commercial Practices Directive (2005/29/EC).

In relation to the use of reviews, testimonials and endorsements in advertising, while no specific legislation exists in Malta, the Consumer Affairs Act prohibits:

• falsely claiming endorsements from public bodies or entities;
• creating, or commissioning individuals to submit, fraudulent consumer reviews or endorsements; and
• misrepresenting genuine consumer reviews or social endorsements for the purpose of promoting products.

It is further expected that reasonable and proportionate steps have been taken to verify that any consumer reviews originate genuinely from consumers who have actually used or purchased the product.

In Malta, there are no specific regulations or standards dedicated solely to product demonstrations. However, the general principles and regulations in the Consumer Affairs Act aimed at ensuring transparency, fairness, and ethical conduct in marketing practices once again apply.

No specific legislation exists in Malta pertaining to the use of testimonials and endorsements in advertising.

In Malta, environmental claims in advertising are primarily governed by the Consumer Affairs Act, which prohibits misleading commercial practices, including false or exaggerated environmental claims, referred to as “greenwashing”. While there is no specific legislation dedicated solely to environmental advertising, the Act’s provisions on misleading advertising apply to all forms of communication, including environmental claims.

At the EU level, the proposal for a Green Claims Directive aims to combat greenwashing by requiring companies to substantiate and independently verify environmental claims about their products and services. This directive mandates that businesses provide clear, accurate, truthful and verifiable information regarding the environmental impact of their products. It also emphasises the need for substantiation based on scientific evidence and life cycle assessments. The Directive is set to be implemented by member states, including Malta, by 27 March 2026, with full application from 27 September 2026.       

Disclosures in advertising are primarily governed by the Consumer Affairs Act.

The general rules require that disclosures:

• Be Clear and Prominent: Any conditions, limitations, or exceptions must be presented in a way that is immediately visible and comprehensible.
• Be Truthful and Accurate: Disclosures must not contradict the main claims of the advertisement or provide misleading impressions.
• Be Timely and Relevant: Disclosures should appear at the point where the consumer makes a purchasing decision, so that they can fully understand the terms before committing.
• Cover all Material Information: Any information that could influence the consumer’s economic behaviour, such as price, duration, additional costs, or environmental claims, must be included in the disclosure.
• Apply to All Media: Whether advertising online, on television, radio, or in print, disclosures must comply with these standards.

When the advertising of products such as pharmaceuticals, food, tobacco, or alcohol, is regulated by specific regulations, particular disclosure of health and/or safety warnings, for instance, may be necessary in accordance with the applicable legislation.

It is important to note that the complex nature of advertising leads to a variety of claims, each dependent on the specific subject matter and issues involved.       

While no special laws or regulations apply, advertising law in Malta specifically prohibits discrimination on the basis of gender, race or ethnic origin, nationality, religion or belief, disability, age or sexual orientation.

In practice, this means that advertisements in Malta must not exploit or perpetuate negative gender stereotypes, racial bias, or discriminatory portrayals that could harm the dignity of individuals or groups.

Advertising to children and young people is addressed in most regulations pertaining to advertising in Malta. The Broadcasting Act and Malta’s transposition of the Audiovisual Media Services Directive (AVMSD) set strict limits on how children can be targeted in advertisements.

Broadly, advertising must not exploit the credulity, inexperience, or sense of loyalty of minors, nor may it encourage them to pressure parents or guardians into making purchases. The Consumer Affairs Act also further prohibits directing advertisements towards children to buy advertised products or persuade their parents or other adults to buy advertised products for them. Ads aimed at children must also avoid content that could cause physical, mental, or moral harm, and unhealthy lifestyle promotions (such as junk food) are subject to tighter scrutiny when placed during programming likely to be watched by minors.

The Broadcasting Code for the Protection of Minors (S.L. 350.05) further elaborates on this aspect. This addresses a vast array of restrictions intended to specifically protect minors from the effects and influences of advertising, minimising the exposure and impact advertisement may have on minors.        

Under the Consumer Affairs Act, the Commercial Code and the Unfair Commercial Practices Directive (2005/29/EC), any design feature in advertising or online platforms that misleads, manipulates, or significantly impairs a consumer’s freedom of choice is considered an unfair commercial practice and therefore prohibited.

At EU level, the Digital Services Act (DSA), directly applicable in Malta since February 2024, also addresses manipulative online practices by restricting the use of dark patterns on online platforms. Furthermore, the upcoming Digital Fairness Act (DFA), expected to be proposed in 2026, aims to specifically modernise consumer law to ban manipulative design techniques in advertising and marketing.

In the Broadcasting Act, advertising that is not immediately recognisable as an advertisement, and consequently might mislead the public as to its nature is considered surreptitious and prohibited. Likewise, subliminal advertising techniques are also prohibited.

The Broadcasting Act mandates that viewers must be clearly informed about the existence of any sponsorship agreement or branded content, by a commercial entity that may exist.

The Broadcasting Act further requires that sponsorship agreements for programmes must be transparently disclosed to viewers. Such programmes should clearly display the sponsor’s name, logo, or other identifying symbols. Additionally, references to the sponsor’s products or services can serve as distinctive markers.

Native advertising is subject to the same transparency and fairness obligations that apply to all forms of advertising, but with added emphasis on clear disclosure to avoid misleading consumers.

Native advertising must be clearly identified as advertising and distinguished from editorial or non-promotional content. It should be evident to the audience that they are engaging with sponsored content.

Clear labelling or design elements that differentiate native adverts from regular content are essential. Any material connection between the advertiser and the content must be disclosed. Also, if the content is sponsored or paid for, this fact must be transparently communicated to the audience.

Comparative advertising is directly addressed in the Commercial Code, whereby Article 32A prohibits traders from engaging in comparative advertising practices. However, the Commercial Code goes on to provide exceptional circumstances in which such comparative advertising is permissible.

Accordingly, comparative advertising is permissible when comparing like with like. Such comparisons must be objective and cannot be misleading. The Commercial Code explicitly refers to the Consumer Affairs Act for further elaboration on this matter.

Advertisers in Malta are permitted to use a competitor’s name, trade mark, or packaging in comparative advertising, but the law allows such use only to the extent necessary to identify the competitor’s product or service, and the comparison must be fair, objective, and not misleading.

The permissibility of comparative advertising does not absolve any potential liability under intellectual property law. Under the Trademarks Act, the offending party may be liable for civil and even criminal sanctions, depending on the use and intent behind the act.

Under Maltese law, prior use of a trade mark or trade sign prevails over registered trade marks/signs. However, it is always advisable to register trade marks with the Commerce Department. Registration provides the holder with consolidated proprietary rights, legitimises the trade mark or sign, and enhances legal certainty regarding those rights.

However, any aggrieved individual may still assert their prior use of a trade mark or sign before a court of law.

Misleading comparative advertising may give rise to civil or even criminal sanctions. Under the Commercial Code, upon the claim made by the injured party, the trader responsible may be found liable for damages and interest or face a penalty. The injured party may further demand that all material in breach of the Code be removed or destroyed.

If a penalty is sought, it falls within the jurisdiction of the First Hall of the Civil Court. The determined penalty ranges between EUR465.87 and EUR4,658.75, dependent on various factors such as the severity of the case, duration, and intent.

Under the Trademarks Act, the unauthorised use of a trade mark with the intent of personal gain or causing loss to another, and without the consent of the owner, may lead to criminal liability. Offenders can face imprisonment for up to three years, a fine of up to EUR23,295, or both upon conviction.

Ambush marketing is the unauthorised use of marketing tactics by any person to capitalise on the significant media exposure of an event, team, or individual, often at the cost of a rival company’s official affiliation. Such marketing would be carried out without the necessary licensing, affiliation or sponsorship fees.

Malta does not have specific legislation or regulations dedicated solely to addressing ambush marketing. However, due to the inherent nature of ambush marketing, aspects of intellectual property, trade mark, competition, and consumer protection laws may be applicable in such situations. Depending on the circumstances and the applicable law, criminal and/or civil liability may apply.

To date, there have not been any significant ambush marketing incidents in Malta similar to those that have taken place overseas.

Advertising on online platforms and social media is regulated under the same general framework that applies to all forms of advertising, but with heightened emphasis on transparency and disclosure given the nature of digital marketing.

The generic laws found within the Consumer Affairs Act are applicable. Additionally, all advertising forms must conform to sector-specific regulations, for example, the promotion of tobacco products is prohibited, and specific advertising standards apply to gambling- and alcohol-related advertisements.

The Consumer Affairs Act establishes that businesses must not engage in misleading or aggressive practices that could distort consumer decisions. If content posted by third parties on an advertiser’s platform is misleading, false, or deceptive, the advertiser may be considered responsible if it endorses, promotes, or fails to remove such content after being notified.

Advertisers hosting third-party content must also consider copyright, trade mark, and other IP rights.

Malta’s Electronic Commerce Act (S.L. 426.02) transposes the EU E-Commerce Directive (2000/31/EC). This provides a framework for hosting liability, which distinguishes between different types of Information Society Service Providers (ISSPs). Passive hosts are generally not liable for user content if they do not have actual knowledge of illegal content, and act expeditiously to remove or disable access once notified.

If the platform exercises editorial control, such as promoting, highlighting, or endorsing user content, it may lose the “safe harbour” protection and become directly liable for any illegal, misleading, or infringing content.

The Media and Defamation Act (Chapter 579 of the Laws of Malta) regulates all forms of dissemination of ideas, information or opinions on matters of public interest to the general public or to a portion of the public under the editorial control of an editor. Under this Act, liability for defamation can extend to any party that publishes or republishes content.

If liability is established under this Act, courts can order removal of the offending content or prevent further publication, and criminal liability may also arise.

This Act operates alongside the Consumer Affairs Act, intellectual property laws, and E-commerce regulations, meaning that online advertisers or platform operators in Malta must manage user content carefully to avoid multiple legal liabilities.

Although no such regulations or restrictions exist in Malta, in November 2024, the MCCAA issued Guidelines on Influencer Marketing and Consumer Rights to ensure transparency and protect consumers in social media advertising. The guidelines require influencers to clearly disclose any commercial relationships in every post, story, or reel, using explicit labels such as “advert” or “advertising”, and to utilise platform disclosure features like “paid partnership” or “sponsored”. Disclosures must be prominently placed, readable, and visible from the first screen.

A notable example illustrating the importance of proper disclosures in social media is the case of Italian influencer Chiara Ferragni, who faced a significant backlash and regulatory action for failing to disclose commercial intent in a charitable product campaign. Ferragni partnered with Balocco to sell a branded pandoro, claiming that proceeds would benefit the Regina Margherita paediatric hospital in Turin. In reality, the donation had already been made by the company prior to sales, while Ferragni earned EUR1 million from the campaign. She was subsequently fined and forced to issue a public apology on social media. This case underscores the risks of inadequate or misleading disclosures and highlights why the MCCAA guidelines in Malta, and similar EU guidance, emphasise clear, prominent, and accurate disclosure, even in space-constrained posts, to prevent consumer deception and potential enforcement actions.

In Malta, there are no platform-specific bans, and all major social media platforms are legally permitted for use by individuals and businesses. However, advertisers and content creators using these platforms must comply with general Maltese and EU laws governing advertising, consumer protection, and online disclosures.

Email marketing is strictly regulated under the GDPR and the Electronic Commerce Regulations (S.L. 426.02). Organisations must obtain explicit, freely given, and informed consent from recipients before sending marketing emails, meaning individuals must actively opt in (pre-ticked boxes or assumed consent are not valid). Every marketing email must include a clear and straightforward way for recipients to opt out or unsubscribe from further communications.

All communications must be transparent, clearly explaining how personal data will be used, the type and frequency of emails, and providing a simple opt-out mechanism that must be honoured promptly. Email marketers are required to provide clear and transparent information about their identity, the purpose of processing personal data, and the rights of the data subjects.

Additional GDPR principles apply. Failure to comply can lead to severe penalties. Without prejudice to any other available remedies, including the right to lodge a complaint with the Information and Data Protection Commissioner, a data subject who believes that their rights under the Data Protection Act or even the General Data Protection Regulation (EU) 2016/679 have been infringed, may initiate a judicial action against the data controller or processor. This can be done by filing a sworn application before the First Hall of the Civil Court.

Any person who contravenes or fails to comply with these regulations shall be liable to pay an administrative fine not exceeding EUR23,293.73 for each violation and EUR2,329.37 for each day such violation persists.

An action may also be instituted in the same manner for damages caused by the use of such information in a manner contrary to the Regulation or Act.

Contraventions of this kind may also breach aspects of the Consumer Affairs Act, depending on the type of marketing practices; therefore, such liability should also be borne in mind.

Inbound telemarketing, where consumers initiate contact with a company to enquire about or purchase products or services, does not have dedicated legislation but is regulated under the Consumer Affairs Act. Companies engaging in inbound calls must ensure transparency, clarity, and fairness, avoiding any misleading or aggressive commercial practices.

Outbound telemarketing, where the company initiates contact with potential consumers, is more tightly regulated under the Processing of Personal Data (Electronic Communications Sector) Regulations (S.L. 586.01). These regulations prohibit the use of automated calling machines to send unsolicited marketing communications without the prior consent of the recipient.

Liability for non-compliance varies depending on the type of telemarketing. Inbound telemarketing breaches fall under the Consumer Affairs Act, and the MCCAA can enforce penalties or corrective measures for misleading or unfair practices. Outbound telemarketing violations additionally intersect with data protection rules under GDPR, exposing companies to significant fines, including those linked to unauthorised processing of personal data or failure to respect opt-out requests.

Text messaging (SMS marketing) is regulated primarily under the Processing of Personal Data (Electronic Communications Sector) Regulations (S.L. 586.01), which transpose elements of the EU ePrivacy Directive, and supplemented by the GDPR. Together, these rules impose strict requirements on how businesses may use SMS for marketing. As a result, 6.1 Email Marketing and 6.2 Telemarketing are applicable.

The key framework is the GDPR, supplemented by the Processing of Personal Data (Electronic Communications Sector) Regulations (S.L. 586.01), which transpose the ePrivacy Directive. Together, these laws set strict requirements on how businesses may collect, process, and use consumer data for behavioural advertising.

Under the GDPR, any form of targeting or retargeting requires a lawful basis for processing personal data – typically explicit, informed opt-in consent. This applies to tracking technologies such as cookies, device IDs, and online behavioural profiling. Consumers must be provided with transparent information about what data is being collected, for what purpose, and with whom it will be shared. Retargeting cannot be based on vague or bundled consents but it must be specific and revocable at any time.

The ePrivacy rules further require that cookies or similar tracking technologies used for behavioural advertising can only be placed on a consumer’s device with their prior informed consent, except where cookies are strictly necessary for providing the service requested by the user.

Advertising to children is addressed in most regulations pertaining to advertising in Malta. The Broadcasting Act and the Broadcasting Code for the Protection of Minors (S.L. 350.05) ensure the protection of minors from any harmful audio-visual commercial communications. Please see 3.2 Children for more information.

The collection and use of children’s personal data is governed by the GDPR, as implemented locally by the Data Protection Act, together with the Processing of Personal Data (Electronic Communications Sector) Regulations (S.L. 586.01). These establish special protections because children are considered a vulnerable group in the digital environment.

Liability for violating such rules is determined on a case-by-case basis, considering the specific circumstances involved. Fines for such violations are delineated within the framework of the GDPR and the Data Protection Act.

No further rules are applicable.

A sweepstake is a type of promotional competition where winners are chosen purely by chance rather than by skill.

Sweepstakes and contests are primarily regulated under the Gaming Act (Chapter 583 of the Laws of Malta), with the level of regulation depending on whether the competition involves an element of chance or risk. Sweepstakes that qualify as “games of chance” generally require a licence from the Malta Gaming Authority (MGA), while free prize draws, where no payment is required for entry, are exempt. The De Minimis Games Directive (Directive 3 of 2019) further exempts certain small-scale games from licensing if they meet strict conditions.

Additional standards apply under the Requirements as to Standards and Practice, Award of Prizes, Conduct of Competitions Regulations (S.L. 350.22), which govern competitions conducted via broadcasting media. From a consumer protection perspective, the Consumer Affairs Act prohibits misleading practices in prize promotions, including fabricating “winning” claims, failing to deliver promised prizes, or requiring consumers to pay hidden fees to claim a prize. Such behaviour is considered an aggressive commercial practice and can lead to enforcement action by the MCCAA.

Maltese law clearly distinguishes between games of skill and games of chance, with each falling under distinct regulatory frameworks under the Gaming Act (Chapter 583 of the Laws of Malta).

A game of skill is defined as an activity where the outcome is primarily or predominantly influenced by the skill level of the participant. However, sporting events are explicitly excluded from this definition, unless otherwise specified by law. Generally, games of skill do not require a licence. That said, where such games involve a stake for participation or the awarding of a monetary prize or its equivalent, they are classified as controlled skill games and do require licensing. In such cases, the operator or promoter bears the burden of proving that the activity qualifies as a skill game exempt from the wider gambling licensing regime.

On the other hand, a game of chance is one where the outcome is predominantly determined by chance rather than the skill of the participants. This category includes games that rely on luck or random events, and it extends to activities based on uncertain future events. Such games are subject to stricter regulatory oversight and licensing requirements from the MGA, unless they qualify for specific exemptions, such as the De Minimis Games Directive.

In Malta, games of chance and contests of skill are subject to distinct approval and registration requirements, depending on their classification under the Gaming Act.

All games of chance that are not specifically exempt under the Gaming Act must be registered and approved by the MGA. Operating such games without authorisation is illegal. The level of regulation depends on the type of game:

• Low-Risk Games: Defined under the Gaming Authorisations Regulations (S.L. 583.05) and Gaming Definitions Regulations (S.L. 583.04). These require a Low-Risk Games Permit, which is valid for a single event and must be applied for at least seven working days before commencement.
• Non-Profit Games: These are licensable games where stakes cannot exceed EUR5 per player and at least 90% of net proceeds are allocated to a charitable, sporting, cultural, religious, educational, or similar purpose. Permits are valid for one event (eg, tombola, bingo, lotteries) and are subject to strict conditions.

Commercial operators offering games of chance require a full licence from the MGA. The licensing process is extensive, averaging six months, and includes:

• a “fit and proper” assessment of key individuals (competence, integrity, financial standing, AML/CTF compliance);
• a business plan with financial projections and operational policies;
• a system audit and test run of the game prior to launch; and
• an additional audit after one year of operation to ensure ongoing compliance.

Failure to obtain or maintain approval may result in significant penalties, licence revocation, or criminal liability.

Generally, games of skill do not require registration or approval. However, if they involve stakes for participation or the awarding of a monetary prize or equivalent, they are categorised as Controlled Skill Games and fall under MGA licensing. The burden is on the operator to demonstrate that the activity qualifies as a game of skill exempt from the broader gaming regime.

Free or reduced-price offers are regulated mainly by the Consumer Affairs Act and by rules implementing the EU Unfair Commercial Practices Directive (2005/29/EC). These laws prohibit traders from misleading consumers by falsely presenting goods or services as “free” or “without charge” when the consumer must pay more than the unavoidable cost of responding to the offer, such as delivery. Any conditions attached to a free offer, such as mandatory purchases, must be clearly disclosed.

Similarly, reduced-price offers, such as discounts or “special prices”, are subject to transparency requirements. Price reductions must be genuine, not fabricated, and should not mislead consumers as to the original price or the level of savings.

The law also prohibits aggressive practices, such as creating false urgency around a “limited time” offer. Breaches may be investigated by the MCCAA, which has enforcement powers to impose administrative fines, order corrective measures, and take court action where necessary.

In Malta, automatic renewal or continuous service offers, where marketers ship and bill products or services on a recurring basis until the consumer cancels, are subject to specific legal requirements to protect consumers. Such agreements require explicit consent from the consumer, ensuring they are fully aware of and agree to the ongoing nature of the service.

These contracts are governed by the principle of pacta sunt servanda, meaning that legally valid agreements are binding on all parties. Under Article 992(2) of the Civil Code (Chapter 16 of the Laws of Malta), contracts may be revoked only by mutual consent or as otherwise prescribed by law. Additionally, contracts must comply with the principle of good faith, which obliges parties to honour not only their explicit obligations but also any reasonable consequential obligations arising from the agreement.

The Consumer Affairs Act further regulates such offers by prohibiting aggressive commercial practices that might coerce or mislead consumers into agreeing to recurring charges they would not otherwise have accepted.

The EU Artificial Intelligence Act (AI Act) officially entered into force on 1 August 2024, marking the beginning of its phased implementation across all 27 EU member states, including Malta. However, the Act’s provisions will become fully applicable over a series of deadlines extending through August 2027.

The AI Act establishes a risk-based framework for AI systems, including those used in marketing, advertising, and content generation, with the goal of protecting consumers, ensuring transparency, and preventing manipulative or discriminatory practices.

Under the AI Act, AI systems used in advertising may be classified as high-risk or limited-risk, depending on the potential impact on consumers.

Key rules relevant to advertising include:

• Transparency and Disclosure: Consumers must be made aware that AI is used to generate or personalise content, targeting, or recommendations.
• Data Quality and Fairness: Training datasets must be accurate, representative, and free from biases that could lead to discriminatory advertising or misleading outcomes.
• Human Oversight: Organisations must implement mechanisms to allow human review and intervention where AI outputs could materially affect consumers.
• Accountability and Documentation: Companies must maintain detailed records of AI design, data, and decision-making processes to demonstrate compliance.

Additionally, AI in advertising intersects with existing EU and Maltese regulations, including the Consumer Affairs Act, the Unfair Commercial Practices Directive, and the GDPR, particularly regarding profiling, automated decision-making, and targeted marketing. Misuse of AI, such as creating manipulative, deceptive, or discriminatory ads, could therefore trigger liability under both the AI Act and existing consumer protection or data protection laws.

Claims that a product is developed with AI, powered by AI, or has AI-related capabilities are subject to the emerging AI-specific regulations under the AI Act, as it includes provisions that directly impact how businesses can market AI-related products.

Businesses must clearly inform consumers when AI is used in a product or service. This includes disclosing the use of AI in product descriptions, advertisements, and other marketing materials.

The Act classifies AI systems into different risk categories (unacceptable, high, limited, and minimal risk). Higher transparency obligations apply to higher-risk AI systems, which may include products marketed as “AI-powered”.

The Act, moreover, prohibits certain AI practices that manipulate or deceive consumers, such as AI systems that exploit vulnerabilities or manipulate behaviour in ways that could cause harm.

In addition to the AI Act, the European Commission has introduced a Code of Practice for General-Purpose AI Models. This voluntary code provides practical guidance for businesses on how to comply with the AI Act’s transparency and other requirements.

Under the AI Act, there are specific rules and guidance regarding the use of chatbots, particularly concerning transparency and consumer protection. The AI Act classifies AI systems based on their risk level, whether high-risk AI systems, subject to stringent requirements, including risk assessments, data governance, and transparency obligations, or else limited-risk AI systems, with most chatbots typically falling into this category. While the latter are not as heavily regulated as high-risk systems, they must still adhere to certain transparency obligations to ensure users are aware they are interacting with an AI system.

Specifically, Article 50 of the AI Act mandates that providers ensure AI systems intended to interact directly with natural persons are designed and developed in such a way that the natural persons concerned are informed that they are interacting with an AI system, unless this is obvious from the context.

The advertising, marketing, and sale of cryptocurrency and non-fungible tokens (NFTs) are subject to specific regulatory requirements designed to ensure transparency and protect consumers.

The Malta Digital Innovation Authority Act (Chapter 591) establishes the Malta Digital Innovation Authority (MDIA) as the regulatory body overseeing blockchain-related activities, including cryptocurrency and NFTs. Under this framework, any advertising, whether visual or auditory, that suggests recognition or endorsement by the MDIA is strictly prohibited unless explicit authorisation has been obtained. This restriction is reinforced by the Consumer Affairs Act, which prohibits misleading or deceptive advertising practices across all platforms.

Additionally, Initial Virtual Financial Asset Offerings (IVFAOs), commonly known as Initial Coin Offerings (ICOs), are regulated under the Virtual Financial Assets Act (Chapter 590). Marketing and promotional activities for such offerings must comply with strict transparency requirements.

While there are no specific laws exclusively governing advertising within the metaverse, existing legal frameworks apply to such advertising activities, including provisions of the Consumer Affairs Act (Cap. 378), the Malta Digital Innovation Authority Act (Cap. 591), and the Virtual Financial Assets Act (Cap. 590)

Alcohol

Advertising alcoholic beverages is permitted but heavily regulated under S.L. 350.24, which sets restrictions primarily aimed at protecting minors. This includes defining permissible advertising times, prohibiting content that could unduly influence vulnerable groups, regulating the use of humour, and imposing requirements related to safety messaging.

Tobacco

All advertising and promotion of tobacco products is prohibited under S.L. 315.06. Visual representations of tobacco products, such as images of cigarettes, are only allowed on vending machines for product selection purposes and must include mandated health warnings.

Medical Products and Services

Advertisements in this sector are tightly controlled under S.L. 350.30, the Medicines Act and S.L. 458.32. All medical advertising must promote rational use, provide legally required information, avoid misleading claims, and only feature products authorised for sale in Malta. Advertising prescription-only or psychotropic narcotic medicines to the public is prohibited, and promotions cannot guarantee results, make superiority claims, include endorsements, or target minors. Each medical advertisement is assessed individually based on the product and the intended audience.

Food

Food advertising is governed by S.L. 449.46, which requires clear labelling of product names, ingredients, quantities of key components such as sugar and fat, and best-before dates. Currently, there are no specific restrictions on advertising foods high in fat, salt, or sugar, but transparency and clarity of information are mandatory.

Cannabis

Following partial legalisation for medical and recreational use, cannabis advertising remains strictly prohibited under Legal Notice 56 of 2023 and relevant provisions in the Drug Dependence (Treatment not Imprisonment) Act (Chapter 537). Direct or indirect promotion aimed at stimulating demand is forbidden, and cannabis-related organisations are not permitted to advertise their activities in any form.

Product placement within entertainment content is regulated primarily under the Broadcasting Act and related subsidiary legislation.

Any advertising conducted through product placement must be clearly and unambiguously disclosed to viewers. Disclosure should occur at the beginning and end of the programme and immediately after any advertising breaks to ensure that viewers are aware that a commercial arrangement is in place.

The purpose of these requirements is to ensure transparency regarding the commercial nature of the content. Any references to the trader’s commitments, motives for the commercial practice, or the nature of the sales process, whether direct or indirect, must be presented clearly. Symbols or statements indicating sponsorship, approval, or endorsement of a product must not be misleading and should accurately reflect the commercial relationship.

Special care must be taken when the programme’s audience includes minors. Product placement of certain products (such as alcohol, tobacco, or gambling) may be restricted or subject to additional rules to protect younger viewers.

Products placed within the content should not be given undue prominence or be promoted in a way that undermines the editorial independence of the programme.

All product placement must still comply with general consumer protection and advertising regulations, including the Consumer Affairs Act and any sector-specific rules for regulated products.

Gaming and Gambling

Advertising of gambling products, including lotteries, online casinos, sports betting, and raffles, is strictly regulated under the Gaming Act and the oversight of the MGA. Advertisements must not target minors or vulnerable individuals, and they must not mislead consumers about the chances of winning. Promotions, including bonuses, prizes, or odds, must be transparent, and all advertising should comply with principles of responsible gambling. Aggressive or excessive marketing practices are prohibited, and operators are required to ensure that advertising content is fair and accurate.

Cosmetics and Personal Care Products

Cosmetic advertising in Malta is governed by EU Regulation (EC) No 1223/2009 on Cosmetic Products, which requires that all claims be truthful, substantiated, and not misleading. Advertisements cannot imply therapeutic or medicinal effects unless the product is classified and authorised as a medicinal product, in which case stricter regulations apply. Marketing materials must accurately represent ingredients, usage instructions, and product benefits to avoid misleading consumers.

Adult Entertainment and Pornographic Services

Advertising of adult content is heavily restricted. Promotional material cannot be directed at minors, and placement in mainstream media or public spaces is generally prohibited or limited. Advertisements must also comply with the Consumer Affairs Act and Broadcasting Authority standards, ensuring that content is not misleading or coercive, and that adult services are marketed responsibly.

Financial Services and Investments (including Cryptocurrency and NFTs)

Marketing of financial products, investment schemes, cryptocurrencies, and NFTs is tightly controlled. Under the Malta Digital Innovation Authority Act, the Virtual Financial Assets Act, and MFSA financial promotions rules, advertisements must clearly disclose risks and cannot imply regulatory endorsement without authorisation. Misleading statements about returns, security, or regulatory approval are strictly prohibited.

Energy Products, Environmental, and AI-Related Claims

While less regulated by legislation, advertisements for energy products, environmental claims, and AI-powered services are subject to consumer protection and anti-misleading advertising rules. Claims about sustainability, AI capabilities, or energy efficiency must be accurate, substantiated, and not exaggerated, in line with Consumer Affairs Act principles.