The Commission on Gender-Based Violence and Domestic Violence operates under Chapter 581 of the Laws of Malta, legislation that was originally enacted as the Domestic Violence Act (Chapter 481) on 1 March 2006. This legal framework was significantly strengthened in May 2018, when the remit of the Commission was expanded to formally encompass both gender-based violence and domestic violence. The current legislative framework aligns with Malta’s international and European obligations, including the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention) and EU Directive 2024/1385, thereby providing a comprehensive and cohesive basis for the prevention of violence, protection of victims, and promotion of coordinated policy response.

The Digital Services Act (DSA) and EU Directive 2024/1385 are complementary instruments that work hand in hand to address gender-based violence (GBV) and domestic violence (DV), particularly in the digital sphere. Together, they create a coherent EU-wide framework that links platform responsibility with victim protection, prevention, and accountability:

1. Addressing online forms of GBV and DV

EU Directive 2024/1385 explicitly recognises and criminalises forms of violence against women and girls that occur online, such as cyberstalking, online harassment, non-consensual sharing of intimate images, and online hate speech. The DSA complements this by imposing obligations on digital platforms to prevent, detect, and respond to illegal content, including content that constitutes online gender-based violence under national laws implementing the Directive.

2. Platform accountability and victim protection

While the Directive focuses on victims’ rights, access to support services, and the criminal justice response, the DSA provides the operational tools to make online spaces safer. Under the DSA, platforms must establish clear reporting mechanisms, act swiftly on illegal content, and assess systemic risks—such as the spread of misogynistic or abusive content—that disproportionately affect women and vulnerable groups. This ensures that victims of online GBV and DV are not only legally recognised but are also practically supported through safer digital environments.

3. Prevention and early intervention

EU Directive 2024/1385 emphasises prevention, awareness-raising, and early intervention, including in digital contexts. The DSA supports this preventive approach by requiring very large online platforms to conduct risk assessments and implement mitigation measures where their services contribute to violence, harassment, or hate speech. This helps reduce the normalisation and escalation of abusive behaviours that can precede offline domestic violence

4. Protection of vulnerable and marginalised groups

Both instruments explicitly acknowledge the heightened risks faced by women, girls, and groups experiencing intersectional discrimination, including LGBTIQ+ persons. The Directive ensures tailored protection and support, while the DSA requires platforms to consider how their systems impact fundamental rights, including dignity, equality, and non-discrimination, thereby addressing the structural drivers of online abuse.

5. Coherent enforcement across online and offline spaces

Together, the DSA and Directive 2024/1385 close the gap between online harm and offline accountability. The Directive ensures that acts of online GBV and DV are treated as serious criminal offences with appropriate remedies for victims, while the DSA ensures that digital platforms cannot remain passive hosts of abusive content and must actively contribute to prevention and enforcement.

EU Directive 2024/1385 defines what constitutes violence and guarantees protection, support, and justice for victims, while the Digital Services Act governs how digital environments must be managed to prevent and respond to such violence. Taken together, they provide a holistic EU framework that recognises gender-based and domestic violence as both a social and digital harm, ensuring that safety, accountability, and victim-centred responses extend fully into the online sphere.

“child” means any person below the age of 18 years interchangeably referred to as a minor under the Victims of Crime Act;”;

“competent authority” means one or more public, civil society or other organisations, institutions or other bodies designated by the Minister for Equality, with which arrangements have been made for the provision of services for victims and perpetrators of violence in accordance with Article 19 and the Second Schedule of this Act;

“Directive” means Directive (EU) 2024/1385 of the European Parliament and of the Council of 14^th May, 2024 on combatting violence against women and Domestic Violence;

“Directive 2012/29/EU” means Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA;”;

“Digital Services Act” means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/21/EC;

A protection order can be issued by the Judiciary to protect the victim until the court case is finalized.

A temporary protection order may be sought if a court case has not yet been finalized and the person is at serious risk of harm.