S.L. 9.30 · Addressing The Dissemination Of Terrorist (S.L. 9.30)
S.L. 9.30 Art. 7Receipt of the removal order by the Police.
(1) When the Police receive a copy of a removal order issued by the competent authority of another Member State against a hosting service provider established in Malta or having its legal representative in Malta, a Police officer not below the rank of inspector shall immediately, by means of an application, request the Court to decide whether it shall scrutinise the removal order in terms of the Regulation.
(2) Where, following a decision to scrutinise the removal order and the carrying out of such scrutiny, the Magistrate finds that the order seriously or manifestly infringes the provisions of the Regulation or the fundamental rights and freedoms guaranteed by the Charter, the Magistrate shall adopt a reasoned decision to that effect.
(3) Scrutiny of the removal order and, where applicable, adoption of the reasoned decision, shall be carried out within seventy-two (72) hours of receipt of the copy of the removal order by the Police.
(4) Hosting service providers and content providers shall have the right to submit, within forty-eight (48) hours of receiving a removal order, an application together with a reasoned request to the Court requesting scrutiny of the removal order as referred to in sub-regulation (1) of this regulation.
(5) The Magistrate shall, within seventy-two (72) hours of receiving the application referred to in sub-regulation (4), following CONTENT ONLINE
scrutiny of the removal order, adopt a reasoned decision setting out its findings as to whether the removal order seriously or manifestly infringes the provisions of the Regulation, or the fundamental rights and freedoms guaranteed by the Charter.
(6) When the Magistrate, upon scrutiny of the removal order, decides that the removal order issued by the competent authority of another Member State is in accordance with the provisions of the Charter and of the Regulation, the Magistrate shall issue a reasoned decision requiring the hosting service provider to comply with the requirements of the removal order.