A critical analysis of digital marketing and online advertising legislation in Malta

Abstract

This dissertation critically explores the legislative landscape governing digital marketing and online advertising in Malta, an evolving field shaped by the rapid advancements in technology and shifting consumer behaviours due to this new digital era. The primary focus is on dissecting the extent to which Maltese law addresses the complexities of digital marketing and online advertising and the impact on both businesses and consumers, assessing the adequacy of existing legal provisions in safeguarding consumer rights and ensuring fair marketing practices. In this context, the study examines major legal instruments such as the Broadcasting Act, Consumer Affairs Act, Commercial Code, and Electronic Commerce Act, among others. The analysis also extends to the role of regulatory bodies like the Malta Communications Authority, Malta Competition and Consumer Affairs Authority, and the Broadcasting Authority in enforcing these applicable laws. This dissertation aims to provide a thorough overview of the digital marketing and online advertising legal regime in Malta, identifying potential gaps and suggesting avenues for future legislative enhancements. By mapping out the existing legislative and regulatory landscape, this work contributes to a deeper understanding of how Maltese law interacts with digital marketing and online advertising practices and highlights the ongoing need for adaptation in response to digital economic growth and technological innovation.