An online start-up with news and opinions about politics and culture will have to register under the controversial proposed Media Act, but a law firm with news about legal developments will not, the government has insisted.

The Times of Malta contacted the government for clarification after public outrage at a proposed requirement for all websites to be registered in a media register set up by the government.

Failure to do so will be subject to a fine of up to €1,000 under the new law, with the requirement applying to “any web-based news service or other web-based service relating to news or current affairs that operates from Malta or in respect of which editorial decisions are taken in Malta”.

In its questions to the government, this newspaper listed 10 types of websites that could potentially be subject to the law and asked it whether registration would be required.

The government’s responses, in full below, are in line with its assertion that registration will only apply to “news portals”, extending the existing press law whereby the editors of traditional media must register their names.

A separate category of website, such as personal blogs focused on political commentary, will not be required to register, but the editor may still choose to do so for “enhanced credibility and added transparency on the organisation’s part”, a government spokesman said.

Pressed further on the basis of these distinctions, the spokesman reiterated that it was only “news portals” that would be obliged to register and that decisions on grey areas would be taken on a case-by-case basis by the Media Registrar.

But Antonio Ghio, president of the Malta IT Law Association, said the government’s responses did not appear to have any basis in the law as written.

Dr Ghio has previously blasted the legislation as an attack “on the very basis of internet freedom”.

“The government is being choosy with what it considers to be subject to registration, and the answers they’ve given are completely discretionary. The definitions (or lack thereof) of the proposed law do not distinguish between political and other types of news, nor do they distinguish between dedicated websites and services like Facebook.

“It is the word of the law that is paramount, not the government’s interpretation. Defamation laws have to be technology-neutral for them to be really effective”.

Which websites will be required to register under the proposed Media Act, according to the government?

Yes

■ A website serving as an online version of a national newspaper.

■ An online-only start-up featuring news and opinions about politics, culture and current events.

Optional

■ A student-run website which features news and opinions focused on the University of Malta.

■ The website of an environmental NGO which focuses on news and opinions about planning policy and new developments.

■ A personal blog which consists mainly of commentary about politics.

No

■ A news website about the local music scene.

■ A law firm which has news and opinions about legal developments on its corporate website.

■ A personal blog which mostly features opinions about pop culture but which sometimes includes commentary about politics and current affairs.

■ A community-run portal featuring news relating only to a particular locality.

■ An account or page on Facebook, Twitter, YouTube or another medium commenting exclusively on politics.