S.L. 418.5 Art. 5Orders to take action against illegal content issued under Article 9 of the Digital Services Act.

(1) A judicial or administrative authority that issues an order to take action against illegal content to a provider of intermediary services, shall, when issuing any such order, ensure that the order issued by it complies with the conditions listed in Article

9(2) of the Digital Services Act. If the order does not comply with one

(1) or more of these conditions, that order shall be considered as null and void for the purposes of the Digital Services Act.

(2) Without prejudice to Article 9(3) of the Digital Services Act, the judicial or administrative authority issuing any order or, where applicable, the authority specified therein, in accordance with sub-article (1) shall, when doing so, transmit forthwith to the Authority a copy of the order, along with any information received from the provider of intermediary services concerning the effect given to that order.

(3) The judicial or administrative authority issuing an order to take action against illegal content to a provider of intermediary services in accordance with Article 9 of the Digital Services Act shall, where necessary, take any such enforcement measures as it may consider appropriate to ensure compliance with any such order.

(4) Any person applying to a court for an order requiring a provider of an intermediary service to take action against illegal content transmitted on the service provided by that provider, shall provide the court, in addition to any other information that the court may reasonably require further to any such application, with the following information:

(a) the electronic point of contact that the provider of the intermediary service has designated pursuant to Article 11(1) of the Digital Services Act;

(b) all the information listed in Article 9(2)(a)(i) to

(v) of the Digital Services Act; and

(c) where the person is seeking a territorial scope beyond Malta, a description of the territorial scope sought, and any additional information required by the court to enable it to ensure that the scope is limited to what it considers to be strictly necessary.