Enforcing the Digital Services Act in Malta

Twenty-five years ago, Malta began a period of rapid digital development. Internet access was spreading, and the newly established Malta Communications Authority (MCA) was tasked with guiding the country through this transformation. Fast forward to today, and digital technology touches nearly every part of Maltese life – from how we work and learn, to how we shop, travel, and connect with one another.

But with progress came new challenges. A handful of tech giants now shape what we see, buy, and believe. Their influence is vast, and often overlooked. For Maltese parents, this means worrying about what their children encounter on social media. For consumers, it’s about spotting scams. And for small businesses, it’s navigating opaque algorithms and unpredictable fees.

Across Europe and here in Malta, there’s growing consensus. Old digital rules no longer suffice. Voluntary measures aren’t enough. That’s where the Digital Services Act (DSA) comes in – Europe’s bold new framework designed to ensure fairness, transparency, and accountability in the online world.

The DSA sets out clear responsibilities for platforms to act faster against illegal content, protect minors from harmful material, make advertising transparent, and explain how recommendation systems work. Importantly, it creates a system of national authorities that together with the European Commission cooperate to enforce these rules together.

In March 2024, the MCA was designated as Malta’s Digital Services Coordinator. This new role places the MCA in a regulatory and supervisory capacity, extending our work beyond networks and connectivity, to ensure a fair, safe, and transparent digital environment for everyone in Malta.

What does this mean in practice? It means handling complaints, engaging with platforms, and working with European counterparts to tackle cross-border issues. It means making sure that the DSA isn’t just a set of rules on paper but a real source of protection for Maltese users and businesses.

Since taking on this role, the MCA focused on building strong foundations. We created a dedicated team of legal, technical, and policy experts and developed a supervision framework for online providers that are based or legally represented in Malta, helping them meet their obligations under the DSA. Cooperation has also been a priority, because effective enforcement depends on working closely with other regulators, law enforcement, and public agencies.

One major milestone was the designation of the Foundation for Social Welfare Services (FSWS) as a Trusted Flagger focused on the protection of minors. This allows FSWS to directly flag illegal content, ensuring that the platforms respond more quickly and decisively.

Another first for Malta, and the EU, was the MCA’s certification of the first Out-of-Court Dispute Settlement Body under the DSA. This mechanism gives users a fair, affordable way to resolve disputes with platforms without lengthy legal battles.

Outreach has been a key focus. We’ve established ongoing policy dialogue with authorities, ministries, and agencies on issues ranging from elections and children’s wellbeing to consumer protection and cross-border enforcement. We have engaged with the media, industry, academia, and civil society organisations on subjects such as marketplaces, advertisement, digital wellbeing, and media pluralism. We have opened discussions with large platforms to ensure that Maltese content, especially in the Maltese language, and particularly content published by Maltese press, receive proper consideration in their moderation and risk mitigation practices.

While our work in Malta forms the national cornerstone of DSA enforcement, its real strength lies in cross-border cooperation. The internet doesn’t stop at national borders – and neither can our work. Every EU country has its own Digital Services Coordinator, and together with the European Commission, which oversees VLOPs (Very Large Online Platforms), we form a network striving for harmonised standards across the Union.

The MCA contributes actively through the European Board for Digital Services, collaborating with counterparts across Europe. This Board serves as the backbone for knowledge sharing, experience exchange, and coordinated responses to systemic issues affecting users in multiple countries. Through this engagement, Malta brings a small-state perspective to EU policy – one that values fairness, proportionality, and the practical realities of smaller markets and local communities. A recent example is our contribution to the Guidelines on the Protection of Minors under the DSA, helping make children’s online safety a shared European priority.

The DSA is still young. Like any new regulatory framework, it will take time to mature. It is not perfect, but it represents a comprehensive attempt to create a shared European framework for a better digital world. At the MCA, we are committed to making it work for Malta by building capacity, strengthening cooperation, and ensuring that every user and business can rely on the same standards of fairness and transparency online.

Enforcement alone is not enough. For the DSA to reach its full potential, Malta’s own laws must sharply define what is illegal online, authorities must be empowered to act, and citizens must understand their rights – knowing they can report, question, and expect accountability from the platforms they use every day.

The MCA continues to evolve with the times, just as it did when Malta embarked on its digital transformation 25 years ago. Today, our mission is to ensure that digital spaces are safe, fair, and trusted. Together, we can build a digital future that reflects Malta’s values – open, inclusive, and safe.