The law of telecommunications in Malta : a historico-legal appraisal

Abstract

This thesis deals with the legislative history of telecommunications legislation in Malta. Telecommunications is the assisted way in which messages are sent by electronic means over a distance usually for the scope of communication. Laws were required to regulate telecommunications and the first legislation in Malta for this was introduced in the nineteenth century. The laws adapted and changed over time to keep up to date with advances and changes in telecommunications. The wired telegraph was the first form of telecommunications that was regulated by legislation in Malta. Later the wireless telegraph came in use and legislation regulating this was created. The benefits of the wireless telegraph were realised and legislation even made it mandatory for certain ships to be equipped with this form of communication. The telephone was another telecommunications development that was a logical development from the wireless telegraph. Other technological developments widened the means of telecommunications. The Governor, who could issue certain licences such as for telegraphy, was a form of telecommunications regulator in nineteenth century telecommunications legislation and later legislation. The Prime Minister of Malta later replaced the Governor in these functions. In 1961 the Broadcasting Authority was set up with functions relating to sound and television broadcasts. In 1975 the Maltese government took over many of the telecommunications services in Malta. Telemalta was created in 1975 to run these since the government did not want communications to be run by foreign companies. A monopoly in Malta was created over various telecommunications services. The public telecommunications services provider in Malta, Telemalta, was run by the government; it had a monopoly in services it provided and was also the regulator of telecommunications. The situation later changed. Telemalta became partially privatised and later fully privatised. The monopoly that existed in telecommunications was removed and the telecommunications provider no longer remained also the regulator. Liberalisation in telecommunications services in Malta began in the late 1980's and continued until monopolies that existed were removed. In 1997 the Telecommunications Regulator, which was a government agency, took the place of Telemalta as the telecommunications regulator. In 2000 the Malta Communications Authority was set up and became an independent telecommunications regulator in Malta. The early telecommunications legislation in Malta is influenced by British legislation as Malta was a British colony in the past. Accession of Malta to the European Union was a motivation for the liberalisation of telecommunications. With accession in 2004, Malta had to conform to the European laws on telecommunications. Therefore European Law influenced Maltese Law. Other influences of Maltese telecommunications legislation are varied and some legislation draws upon various foreign laws.