Online safety & content laws in Gibraltar (2026)
Online safety rules in Gibraltar: partial.
Gibraltar regulates online activity through a set of sectoral EU-legacy laws rather than a single dedicated online-safety regime. Platform/host liability follows the EU e-Commerce Directive rules transposed by the Electronic Commerce Act 2001 (a 'safe harbour' where the host lacks actual knowledge and acts expeditiously to remove unlawful content), while on-demand audiovisual providers are supervised by the Gibraltar Regulatory Authority under the Broadcasting Act 2012 / On-Demand AVMS Code. As a British Overseas Territory outside the EU and outside the UK's Online Safety Act 2023, Gibraltar has not enacted its own comprehensive duty-of-care regime or statutory age-verification/'legal-but-harmful' obligations for user-to-user platforms.
Legal framework
Patchwork: Electronic Commerce Act 2001 (intermediary/hosting liability, transposing the EU e-Commerce Directive), Communications Act 2006 (Gibraltar Regulatory Authority as sector regulator), Broadcasting Act 2012 (transposing the Audiovisual Media Services Directive, incl. On-Demand AVMS Code) and the Gibraltar GDPR / Data Protection Act 2004. No dedicated online-safety / content-moderation statute equivalent to the UK Online Safety Act 2023 or the EU Digital Services Act.
Key points: internet & online safety in Gibraltar
Intermediary/hosting liability
The Electronic Commerce Act 2001 transposes the EU e-Commerce Directive into Gibraltar law, giving hosts, caches and mere conduits a conditional liability exemption: a host is not liable for stored user content where it lacks actual knowledge of illegality and acts expeditiously to remove or disable access once notified.
Sector regulator (GRA)
The Gibraltar Regulatory Authority, constituted under the Gibraltar Regulatory Authority Act 2000 and empowered by the Communications Act 2006, regulates electronic communications, spectrum and broadcasting, and is tasked with promoting media literacy and public awareness of material published on electronic media.
Audiovisual / on-demand content code
Data-protection overlay
Following Brexit, the GDPR was domesticated as the 'Gibraltar GDPR' alongside the Data Protection Act 2004, and cookies/e-privacy rules sit in the Communications (Personal Data and Privacy) Regulations 2006 — the primary vehicle for restraining platform data-processing practices in the absence of a bespoke online-safety law.
No dedicated online-safety statute
Gibraltar has not enacted a UK Online Safety Act-style duty of care or an EU Digital Services Act-equivalent regime; there is no Gibraltar-specific statutory age-verification requirement for pornography or user-to-user platforms, and the UK OSA does not extend to Gibraltar (Gibraltar is outside both the EU and the OSA's territorial scope).
Cybercrime and unlawful content
Substantive unlawful online content is addressed via general criminal law (e.g. Crimes Act 2011 offences covering indecent images, harassment, malicious communications) and the Gibraltar cybercrime framework, rather than a platform-focused takedown regime.
Timeline of decisions
- Law · officialBroadcasting (Amendment) Act 2025 enacted
Gibraltar's Parliament amended the Broadcasting Act 2012, updating the regulatory framework for licensed media service providers (radio, TV and on-demand) overseen by the GRA. Reflects ongoing modernisation of broadcast/online-content oversight.
Parliament of Gibraltar
- Guidance · officialGRA publishes 'Media Literacy Matters' survey report
The Gibraltar Regulatory Authority released findings from a 6,240-respondent survey showing nearly 40% of adults felt unable to spot online misinformation and that 78% of children aged 10-17 spend 3+ hours daily on social media, shaping its media-literacy and online-harms work.
Gibraltar Regulatory Authority
- Law · officialOnline Safety Act comes into operation; GRA media-literacy duty commences
The Crimes and Communications (Online Safety) Act took effect and the GRA's statutory responsibility to promote media literacy and public awareness of online content risks formally commenced on 27 July 2023.
Gibraltar Regulatory Authority
- Law · officialParliament passes Crimes and Communications (Online Safety) Act 2023
Parliament approved new criminal offences targeting online harms (including in social-media spaces) and aligned extreme-pornography law with the UK, while imposing a new media-literacy duty on the GRA, Gibraltar's first dedicated online-safety statute.
HM Government of Gibraltar
- Law · officialGovernment publishes Online Safety Bill
Following stakeholder consultation including the GRA, the Justice Minister published the Online Safety Bill to create specific offences for serious online acts and strengthen protection of the public from online harms.
HM Government of Gibraltar
- LawBroadcasting Act 2012 replaces the GBC Act
Parliament passed the Broadcasting Act 2012, giving the GRA powers to license and regulate media service providers, including on-demand services, and to set broadcasting standards, codes of practice and promote media literacy.
GBC
- Law · officialElectronic Commerce Act 2001 enacted
Transposed the EU E-Commerce Directive (2000/31/EC) into Gibraltar law, setting rules for information-society services and intermediary liability, the foundational legal basis for regulating online services.
Laws of Gibraltar
Sources
- gibraltarlaws.gov.gi/
- gibraltarlaws.gov.gi/legislations/communications-act-2006-1472
- gra.gi/about-us
- gra.gi/broadcasting
- gra.gi/broadcasting/documents/codes-of-practice/on-demand-avms-code
- gra.gi/data-protection
- gbc.gi/news/gibraltar-regulatory-authority-publishes-new-code-broadcasters-1
- lexology.com/library/detail.aspx?g=825c5d4b-d891-438a-b83e-6d90cb26b620
- lexology.com/library/detail.aspx?g=9fea5eea-5e35-4101-b64c-e5ab72878c6f
- dlapiperdataprotection.com/index.html?c=GI&t=law
- en.wikipedia.org/wiki/Gibraltar_Regulatory_Authority
- gibraltarlaws.gov.gi/legislations
- en.wikipedia.org/wiki/Online_Safety_Act_2023
Next for Gibraltar: CybersecurityComprehensive law
Next topicOrientation, not legal advice: verify against the primary sources linked above. Last verified 18 Sept 2026. Methodology & how to cite · State of Technology Regulation 2026