Cyberstalking and cyberbullying to become criminal offences under new law

Parliament is debating a bill that will make cyberstalking and cyberbullying specific criminal offences, punishable by up to five years in prison or fines of up to €30,000.

The proposed legislation, introduced by Social Policy Minister Michael Falzon on Monday, aims to crack down on online abuse and digital harassment. Debate on the bill continued on Tuesday, with government and opposition MPs largely backing the reforms.

Under the proposed amendments to the Criminal Code, anyone found guilty of using electronic communication to stalk or bully others with the intent to cause physical or mental harm could face prison terms ranging from one to five years, and/or a maximum fine of €30,000. Harsher penalties will apply if the victim is a minor or a vulnerable person, or if the crime is committed by a group acting together.

The bill also criminalises unauthorised access to someone’s computer or internet activity, as well as repeated or abusive digital messages intended to intimidate, threaten or humiliate.

However, exceptions will be made for legitimate activities carried out in good faith, such as law enforcement operations, public interest journalism, or communications made in the normal course of business provided these do not constitute harassment or cause fear.

Nationalist MP Albert Buttigieg said the legislation was urgently needed in light of a rise in cyber harassment cases, some of which had led to suicide. He noted that while 135 reports of cyberbullying had been filed since 2022, social workers believed that figure only reflected the tip of the iceberg.

Buttigieg highlighted the toxic nature of online commentary in Malta, especially under news reports about tragedies or on politically charged platforms.

He called for strong enforcement and educational campaigns to accompany the new law, adding that youth needed better digital literacy to navigate online spaces and respond to harassment. He also praised the police cybercrime unit for their work despite limited resources.

Justice Minister Jonathan Attard said the bill sends a strong message that online abuse will no longer be tolerated.

He explained that the new law covers not only threats, but repetitive acts of humiliation or intimidation through social media, messaging apps or other platforms. However, intent to cause harm would need to be proven for a successful prosecution.

Attard said freedom of expression remains protected, but must not be used to justify harassment. The bill includes safeguards for journalism and legal duties, so long as these are not abusive.

He also revealed that further legislation is being drafted, including laws targeting abuses of artificial intelligence and identity theft.