Cap. 391 Art. 16Disclosure of messages, etc.

(1) A person engaged in the business of providing a postal, radiocommunications or telecommunication service who otherwise than in the course of his duty intentionally discloses to any person -

(a) the contents of any communication which has been intercepted in the course of its transmission by means of that service; or

(b) any information concerning the use made of postal, radiocommunications or telecommunication services provided for any other person by means of that service, shall be guilty of an offence.

(2) Subarticle (1) does not apply to -

(a) any disclosure which is made for the prevention or detection of crime or for the purposes of any criminal proceedings;

(b) any disclosure of matter falling within paragraph (a) of that subarticle which is made in obedience to a warrant issued by the Minister under article 6 or in pursuance of a requirement imposed by the Commissioner under public safety, or in pursuance of the order of a court.

(3) For the purposes of subarticle (2)(c) a certificate signed by the Minister, or by the Attorney General, certifying that a disclosure was made in the interests of national security, the economic well-being of Malta or public safety shall be conclusive evidence of that fact; and a document purporting to be such a certificate shall be received in evidence and deemed to be such a certificate unless the contrary is proved.

(4) Any person who intentionally discloses the contents of any communication which has been intercepted in the course of its transmission by means of a postal, radiocommunicationsy or telecommunication service, where he knows or reasonably ought to have known, that such contents have been unlawfully obtained, shall be guilty of an offence.

(5) A person guilty of an offence under this article shall be liable, on conviction, in respect of each offence to imprisonment for a term not exceeding one year or to a fine (multa) not exceeding eleven thousand, six hundred and forty-six euro and eighty seven cents (€11,646.87) or to both such imprisonment and fine.