Cap. 418 Art. 4Purpose, functions and powers of the Authority.

(1) It shall be a purpose of the Authority to -

(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 and of the environment;

(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) ensure non-discrimination and equality of treatment in matters related to communications.

(2) It shall in particular be the duty of the Authority to exercise such regulatory functions in the field of communications, as may from time to time be assigned to the Authority by or under an Act of Parliament.

(3) The Authority shall also, in accordance with the laws it is entitled to enforce -

(a) regulate, monitor and keep under review all practices, operations and activities relating to any matter regulated by or under this Act or any other law which the Authority is entitled to enforce;

(b) 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;

(c) 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;

(d) ensure fair competition in all such services, products, operations and activities;

(e) 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;

(f) secure and regulate the development and maintenance of efficient communication systems in order to satisfy, as economically as possible, all reasonable demands for the provision of the services, products, operations or activities relating to any matter regulated by or under this Act;

(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 guidelines for the minimum qualifications to be possessed by any person who is engaged or employed in any activity regulated by or under this Act;

(k) establish measures, as necessary, 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;

(l) ensure that international obligations entered into by Malta relative to matters regulated by or under this Act are complied with;

(m) advise the Minister on the formulation of policy in relation to matters regulated by or under this Act, and in particular in relation to such international obligations;

(n) otherwise to advise the Minister on any matter connected with its functions under this or any other Act;

(o) 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;

(p) 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;

(q) encourage users of communications services to establish places of business in Malta;

(r) advise the Minister on the planning and development of the communications industry as well as on the infrastructure supporting the communications industry;

(s) promote and advance Malta as a destination for high value commercial users of communications services and of information communications technologies to establish places of business in Malta;

(t) promote the interests and rights of all users in Malta, including end-users with disabilities, elderly end-users, and end-users with special social needs, especially in respect of the prices charged for, and the quality and variety of the said services;

(u) monitor and ensure the accessibility of websites and mobile applications in accordance with the provisions of this Act;

(v) deal with and, or determine any matter relating to mediation in and, or resolution of any dispute or complaint, however so described, relating to any aspect of communications regulated by the Authority under any law;

(w) perform such other functions, including functions aimed at promoting the information society, as may from time to time be assigned to it by the Minister;

(x) manage scarce resources used by space systems for the provision of satellite communications services;

(4) It shall be the duty of the Authority to carry out its functions as established by or under this Act or any other law in an impartial and transparent and timely manner and to ensure compliance therewith, and without prejudice to the generality of the foregoing, to ensure that persons providing any services, products, operations and activities in or from Malta relating to any matter regulated by the Authority, comply with this Act and with any other law which the Authority is entitled to enforce, and with any decisions issued by or under this Act or any such other law.

(5) The Authority shall also have such other functions, responsibilities and powers as are set out by or under this Act or as may be assigned to it by or under any other law including all such powers as are necessary for or incidental to the performance of its functions by or under this Act or any other law. The Authority shall in the carrying out of its functions seek to ensure that the measures taken are proportionate having regard also to the objectives of the Authority.

(6) The Authority may issue such directives as it may consider to be necessary for the carrying into effect of or compliance with any of the provisions of this Act, or of any other law which the Authority is entitled to enforce, or any decisions that the Authority may make in accordance with its functions under this Act or any other law and it may amend or revoke such directives.

(7) Any directive issued by the Authority in accordance with this article and any amendment or revocation thereof shall be in writing, state the reasons on which it is based and shall be notified to the person concerned. The Authority may also publish any such directive in such manner as it may consider appropriate in the circumstances due account being taken of the importance of the directive and its impact on the market.

(8) The Authority shall, where it considers appropriate, consult with the various competent authorities responsible for competition issues and consumer affairs and for such other areas as may impact on the sectors regulated by the Authority on matters of common interest in connection with the application of this Act and of any other law that the Authority is entitled to enforce.

(9) The Authority on the one hand and the competent authorities responsible for competition issues and consumer affairs, and such other competent authorities responsible for other areas as may impact on the sectors regulated by the Authority on the other, shall consult and cooperate on matters of common interest, and in doing so shall provide each other with the information necessary for the application of the provisions of this Act, of any other law which the Authority is entitled to enforce, and of any other law relating to competition issues and, or consumer affairs or to any of the communications sectors falling within the remit of the Authority, which information shall be provided within an appropriate time-frame taking into consideration the particular circumstances of the issues involved:

Provided that European Union data protection rules shall apply in respect of the information exchanged, and the receiving authority shall ensure the same level of confidentiality as the originating authority.

(10) Without prejudice to the enforcement powers that it has at law, the Authority may require any person to provide it with any information, including financial information, that the Authority considers necessary for the purpose of carrying out its functions, or which is necessary for the European Commission, BEREC or any other EU regulatory body in relation to the sectors that fall within the remit of the Authority in order to ensure compliance in accordance with the provisions of, or decisions or directives made in accordance with this Act or any other law which the Authority is entitled to enforce.

(11) Any information required by the Authority under sub-article

(10) shall be proportionate to the performance of its functions and obligations under this Act and in requiring any information as aforesaid, the Authority shall state why it requires the information requested.

(12) A person who is notified with a requirement under sub-article

(10) shall comply promptly with the requirement within the timescales and according to any level of detail as may be required by the Authority:

Provided that any such person shall, in complying with the provisions of this sub-article, state clearly to the Authority if any information provided by him is to be considered as confidential for commercial reasons. In doing so he shall give his reasons to the Authority. It shall be the Authority which shall decide whether the information indicated to it as being confidential should be so treated: Provided further that the provisions of this sub-article relating to confidentiality shall apply to any information provided to the Authority for whatever reason whether under this Act or any other law the Authority is entitled to enforce.

(13) The Authority shall, subject to the protection of any information which it considers confidential, publish from time to time such information as would, in the opinion of the Authority, contribute to an open and competitive market.