Internet & Online Safety - Gibraltar

The Crimes and Communications (Online Safety) Act 2023 created offences for cyberflashing (unsolicited sending of sexual images), intentionally sending flashing images to a person with epilepsy to cause a seizure, and possession of extreme pornography. It is offence-focused rather than a platform-regulation regime.

Parliament passed the Act on 19 July 2023; the Bill had earlier been published the same year (press release 188/2023). It enhances protection in social-media spaces by criminalising specific online harms.

The 2023 Act placed a new statutory duty on the Gibraltar Regulatory Authority to promote media literacy and public understanding of online content, complementing existing media-literacy functions under the Communications and Broadcasting Acts.

Unlike the UK Online Safety Act 2023 or the EU Digital Services Act, Gibraltar's legislation does not impose systemic duty-of-care obligations on platforms, content-moderation/risk-assessment requirements, or a mandatory age-verification regime.

Under the Communications Act 2006 the Gibraltar Regulatory Authority regulates the electronic-communications sector (fixed/mobile, internet, VoIP, broadcasting) and radio spectrum, and promotes public awareness of material on electronic media.

The Broadcasting Act 2012, incorporating the Audiovisual Media Services Regulations 2011 (transposing EU Directive 2010/13/EU), gives the GRA powers over broadcasting standards, licensing and codes of practice for audiovisual content.