S.L. 9.30 Art. 4Removal order.

(1) Upon application to the Court filed by a police officer not below the rank of inspector, a Magistrate may issue a removal orderin respect of a hosting service provider, in terms of Article 3 of the Regulation, requiring the hosting service provider in Malta or in another Member State to remove terrorist content or disable access to terrorist content in all Member States.

(2) Where a removal order has not been previously issued to the hosting service provider, the Police shall provide that hosting service provider with information on the applicable procedures and deadlines, at least twelve (12) hours before the issuing of the removal order;

Provided that a lesser period shall apply in urgent cases. CONTENT ONLINE

(3) The Police shall transmit the removal order to the contact point of the hosting service provider by electronic means capable of producing a written record under conditions that allow to establish the authentication of the sender, including the accuracy of the date and the time of sending and receipt of the order.

(4) Where the hosting service provider has its established or legal representative in another Member State, the Police shall simultaneously send a copy of the removal order to the competent authority of the Member State where the hosting service provider has its main establishment or legal representative.

(5) For the purposes of sub-article (6) of Article 3 of the Regulation, the hosting service provider shall, without undue delay, submit the form set out in Annex II of the Regulation by means of an application to the Court containing information on the removal of the terrorist content or the disabling of access to the terrorist content in all Member States, indicating, in particular, the time of that removal or disabling.

(6) For the purposes of sub-articles (7) and (8) of Article 3 of the Regulation, the hosting service provider shall submit the form set out in Annex III of the Regulation, where applicable, by means of an application to the Court.

(7) When the removal order becomes final with respect to a hosting service provider having its establishment or legal representative in another Member State, the Police shall inform the competent authority of the Member State where the hosting service provider has its main establishment or where its legal representative resides or is established, of that fact.