https://www.um.edu.mt/library/oar/handle/123456789/9208 2026-04-11T14:24:43Z https://www.um.edu.mt/library/oar/handle/123456789/13720 Title: The criminal law on HIV transmission Abstract: This thesis deals with the criminalisation of HIV transmission in terms of Article 244A of the Criminal Code. HIV is primarily transmitted through unprotected sexual contact. Article 244A requires the effective transmission of HIV accompanied with either direct or indirect intention. Recklessness also gives rise to criminal liability. These same requirements run parallel to Italian and English law. Under Maltese law intentional transmission requires the infector to be aware that he is afflicted by the virus. On the other hand, reckless transmission requires not such knowledge. The position under Italian and English law on the latter remains ambiguous. Canadian law, criminalises the non-disclosure of HIV status to one’s sexual partner, even though case law has made exceptions, cases when the viral load is low and condoms are used. To date the Maltese Criminal court has only adjudicated one case which deals with HIV transmission; ‘Il-Pulizija v. Kingsley Wilcox’. It dealt with the transmission of the virus to two teenage girls; Jennifer Muscat, Rodianne Petticrew. Whilst the Court of Magistrates was satisfied that Wilcox was equipped with indirect intent to transmit the virus, the Court of Criminal Appeal overturned the judgement. The Appeal court argued that the proof presented was not sufficient to prove when Wilcox had infected Petticrew, whether it was before or after the introduction of Legal notice 137 of 2005 which enlisted HIV as a communicable disease. Whether HIV transmission should be a criminal offence has been the subject of many books, journal articles and conferences. The underlying notions which run throughout all these works are; consent, disclosure, public health and flaws in court proceedings. These are presented in both a legislative and a legal light. Some of the arguments presented raise moral issues which can sometimes conflict with the morality or school of philosophy which the reader adheres to. Description: LL.D. 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/10529 Title: The legal aspects surrounding political advertising in broadcasting Abstract: Politics and political ideologies have long held an integral part of societies throughout the world. Transmitting one’s messages and ideologies is vital in political campaigning, particularly in a democratic state. Even though with the passage of time the introduction of the new media has supposedly influenced the extent of the impact of political advertising on the broadcasting media on the electorate, some continue to argue that broadcasting plays a dominant role in this regard. By examining the various interpretations given to the term ‘political advertising’ both by authors in the field in as much as in the various statutory provisions of a number of countries, this thesis has sought to identify the best and most applicable understanding of the term political advertising in this day and age. Following a thorough examination of the regulations on political advertising both in Malta and in other countries, it became clear that though at the heart of each law lies the need to protect parties and candidates and the need to inform the public of the various views, the rules are largely influenced by the diverse cultures of the countries. Political advertising on the broadcasting media and the limitations thereto have been the source of discussion and debate on the right to freedom of expression, before the European Court of Human Rights. Over the years the Court has sought to examine whether the bans on paid political advertising imposed by many European Countries violates one’s right to freedom of expression. The Court seems divided on the matter. Whilst having found there to be a violation in the right to freedom of expression in earlier judgments, in the most recent judgment it found there was no such violation. This thesis also identifies the advantages and disadvantages of the bans imposed by a number of countries on political advertising. In light of the above, the thesis seeks to identify the best way forward in light of current situation. Description: LL.D. 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/9744 Title: The boundaries of freedom of expression on social media : regulating incitement to commit crimes and hate speech in an online environment Abstract: This thesis assesses the legal challenges presented by a changing media landscape that has given rise to new opportunities for freedom of expression, as well as for crime. It sheds light on the development of the Internet as a communications tool and the transformative impact it has had on criminal activity. In particular, it analyses the offences of incitement and hate speech in a rapidly changing technological context and assesses the applicability of current legislation. The Internet’s role as an enabler of human rights is explored, presenting an in depth study of freedom of expression on the Web, with particular reference to the tension between free speech and digital rights, and criminalising online expression. Moreover, the obstacles that arise in applying traditional legal norms to online crimes are examined against a backdrop of jurisdictional and other issues. This thesis demonstrates that there is no need for a rethink of traditional legal doctrines because technologically neutral laws can be applied to traditional crimes committed online. These legal norms withstand the test of time without requiring amendment in line with every new technological development. Nevertheless it is evident that special attention ought to be paid when regulating online activity given the specific nature of the Internet as a tool for free speech and democracy. Description: LL.D. 2015-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/9691 Title: Regulating the laying of infrastructure in the utilities and services sectors : a comparative analysis of the rights and obligations of utilities, network and service providers Abstract: The thesis will critically reflect upon Chapter 81 of the Laws of Malta, the Utilities and Services (Regulation of certain works) act which regulates the infrastructures of utilities and services in Malta and Directive 2014/61 EU on measures to reduce the cost of deploying high-speed electronic communications networks. The thesis will analyse the rights and obligations of utilities and service providers when laying out their infrastructure. Focussing primarily on the electronic communications and energy sectors, the thesis will analyse the legal position resulting when a utility or service provider wishes to pass its infrastructure through third party property (Rights of Way).Closely related to the above is the Right of Co-Location, where in order to avoid the duplication of costly works and damage to public and private property which is necessitated by the laying of a physical infrastructure, the owner of an incumbent infrastructure may be obliged by law and through remedies imposed by a regulator or other public body, to share its facilities, such as ducts, conduits, manholes and cabinets with other entities wishing to pass their own infrastructure. A clear example of this is found in the electronic communications regulatory framework. The thesis will analyse how these obligations are being imposed in Malta and other countries and whether there is scope of rendering such obligations more effective and, where absent, imposing them. In doing so, the thesis will consider practical issues, such as where the incumbent service provider attempts to avoid the effect of such obligations by entering into agreements with the land owner, in cases of gated communities, to disallow the entry of other infrastructure over the land. Another aspect examined is the imposition of adequate access, interconnection and interoperability obligations over network providers and infrastructure owners, which serve to reduce the need of duplication of infrastructure. Taking the electronic communications regulatory framework as a model, the imposition of a certain degree of access and interconnection obligations has today achieved a harmonised position throughout the European Member States. The thesis suggests further obligations and remedies apart from those found in the regulatory framework which may be applied particularly in light of NGA roll out. Description: LL.D. 2015-01-01T00:00:00Z