MaltaBroadcasting Act, Cap. 350, Arts. 16R-16S (Video-Sharing Platform Minor-Protection Duties)
In force.
An adult content age verification (AV) rule binding private bodies.
- Audit expectation
- none
What it requires
- Applies to video-sharing platform providers established, or deemed established, in Malta.
- Take the necessary measures to protect minors from programmes, user-generated videos and audiovisual commercial communications that may impair their physical, mental or moral development.no control in the NIST Privacy Framework
- Establish and operate age verification systems for users with respect to such content.no control in the NIST Privacy Framework
- Provide parental control systems that are under the control of the end-user with respect to such content.no control in the NIST Privacy Framework
- Do not process minors' personal data collected or generated through those age-verification or parental-control measures for commercial purposes such as direct marketing, profiling and behaviourally targeted advertising.NIST Privacy FrameworkCT.PO-P1
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Enforcement body
Broadcasting Authority (Malta)
Settledness
- As of
- Open questions
- Which of the measures listed in article 16S(6) of the Broadcasting Act must a video-sharing platform provider apply to protect minors, when the sub-article says the measures 'shall consist of, as appropriate' and ties them to the nature of the content, the harm it may cause and the rights and interests at stake?
What it reaches
Covered services
Video-sharing platform providers established, or deemed established, in Malta under Broadcasting Act art. 16R
How the hook was established
express
What makes it apply
Operator establishment
What it makes you log
Logging duty
Article 16S(6)(f) is one of the measures a video-sharing platform provider takes to protect minors: establishing and operating age verification systems. It requires no log or record of the checks to be kept or produced, and Article 16S(7) bars commercial processing of minors' data collected for age verification and parental control without setting a retention rule. Article 16S(10) has the Authority assess the appropriateness of the measures and issue directives, which is a review of the measures and not of a record.
- Kind
- None
- As of
What this law does
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 . It received presidential assent on . It was published in the Government Gazette of Malta on . 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.
When LexLint raises it
When your app profile says your app publishes adult content.
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