32
CAP. 399.]
ELECTRONIC COMMUNICATIONS (REGULATION)
which the offence continues;
Cap. 579.
Provided that mere defamatory words or statements uttered or
published on an electronic communications network or apparatus and
which may give rise to an action for defamation or slander in terms of
the Media and Defamation Act, shall not constitute an offence under
this Act.
Power of Minister
to make
regulations in
relation to criminal
offences.
Added by:
VII. 2004.23.
Amended by:
L.N. 425 of 2007.
Re-numbered by:
XII. 2010.5;
IX. 2011.34.
Amended by:
LII. 2021.47.
50. Without prejudice to any other provision of this Act the
M i n i s t e r m a y, a f t e r c o n s u l t a t i o n w i t h t h e A u t h o r i t y, m a k e
regulations prescribing penalties for criminal offences against any
regulations made under this Act, and such regulations may:
Proceedings for a
criminal offence.
Added by:
VII. 2004.23.
Amended by:
XXX. 2007.34.
Re-numbered by:
XII. 2010.5.
Amended by:
IX. 2011.37;
VIII. 2014.45.
Cap. 9.
51. (1) No proceedings for any criminal offence under this
Act other than offences under article 25, under article 48(1)(d) or
under article 49 shall be instituted without the consent of the
Authority or at its request.
(a) prescribe different fines (multi) for different offences;
(b) prescribe fines (multi) calculated in accordance with
the duration of the commission of the offence:
Provided that any such regulations as may be made shall
not provide for a fine (multa) of more than twenty-five thousand
euro (€25,000) and, or five hundred euro (€500) for each day
during which the offence continues.
(2) Notwithstanding anything contained in the Criminal Code,
an appeal to the court of competent jurisdiction shall lie with the
prosecution against any judgement delivered in any proceedings
with respect to an offence under this Act.
PART VIII
SAVING, TRANSITORY AND EXEMPTIONS
Saving.
Substituted by:
LII. 2021.48.
52.(1) Any regulations made or kept in force by or under any of
the provisions of this Act as in force on the 21st December, 2020
and still in force on the said date shall, until other provision is
made under or by virtue of this Act, continue to be in force and
have effect.
(2) Any directives, decisions or designations however so
described made by the Authority under this Act as in force on the
21st December, 2020 and still in force on the said date shall
continue to be in force until revoked or amended by the Authority.