Cap. 591 Art. 53Name of the Authority not to be used in any advertisement and prohibition of misrepresentation. 

(1) No person shall make or cause to be made any advertisement or other representation, in any visual or aural form, whether the advertisement is made in Malta or otherwise, either specifically or by implication, to the effect that:

(a) any innovative technology has the recognition of the Authority, if this is not the case;

(b) any activity carried out by any person or provided by or on an innovative technology has the recognition or is conducted with the co-operation or assistance of the Authority, if this is not the case; or

(c) any activity is being carried out in, or from Malta in accordance with the regulatory framework applicable to innovative technology when the relevant product, solution or service is not recognised by the Authority;

or similar statements based on the circumstances from time to time, and in case of breach such person shall be guilty of an offence under this article.

(2) In relation to persons recognised by the Authority, the provisions of sub-article (1) shall not apply when an advertisement or other representation is issued with the prior written consent or instructions of the Authority, or is permitted in general guidelines issued by the Authority on the subject matter, and shall constitute an offence only if a misrepresentation is made regarding the Authority, or any recognition granted by it, to an innovative technology.

(3) It shall be incumbent on the issuer of an advertisement to expressly state in such advertisement that the product, solution or service does not enjoy recognition by the Authority and shall not give the contrary impression under any circumstances if:

(a) an innovative technology is being administered and operated in or from Malta, or is being provided in or from Malta;

(b) reference is made to such fact in an advertisement; and

(c) the product, solution or service is not recognised by the Authority in any form, as the case may be.

(4) Should the Authority become aware of a breach of sub-article (3), the Authority shall have the power to issue a notice under this article to the issuer of the advertisement or the persons involved in relation to the relevant innovative technology, demanding compliance with the said sub-article and the relevant person shall be obliged to correct the same within the time stipulated by the Authority failing which he shall be guilty of an offence under this article.

(5) Where the name, trade name, trademark or the designation of any innovative technology appears in relation to a representation referred to in sub-article (1) or (2), that person shall be deemed for the purposes of this article to have caused the representation to be made unless such person proves that the representation was made without his knowledge or connivance.

(6) A person convicted under this article shall be liable to a fine (multa) of:

(a) not less than five thousand euro (€5,000) and not more than ten thousand euro (€10,000) if the person enjoys recognition by the Authority; and

(b) not less than fifty thousand euro (€50,000) and not more than one hundred thousand euro (€100,000) if the person does not enjoy recognition by the Authority.