Government of Gibraltar Response to GibFibre’s Public Statements on Communications Act Amendments - 722/2024 

The Government of Gibraltar notes GibFibre’s press release relating to recent amendments to the Communications Act 2006. The legislative framework for the telecommunications sector is, of course, a matter for Government policy and this was explained in detail by the Minister for Telecommunications Sir Joe Bossano and the Chief Minister Fabian Picardo KC MP when presenting the Bill in Parliament.

In particular:

The legislation is an important preliminary step which will enable the Government to bring more comprehensive legislation to Parliament to reform the law relating to telecommunications.

The Communications Act 2006 transposed the European Electronic Communications Code, an EU-derived measure which Gibraltar was then required to implement but many aspects of which are no longer suitable for a small jurisdiction like Gibraltar.

That Gibraltar now has the opportunity to move away from that regime and adopt telecommunications legislation which is better suited to Gibraltar’s needs.

In doing so, the Government will be looking to take a similar approach to those which have been adopted in other small jurisdictions, such as Andorra and Monaco, or further afield, the Falkland Islands.

As further announced in Parliament, one of the changes which the Government intend to make is to grant an exclusive licence to a single mobile network operator in Gibraltar, to ensure that we continue to have a stable and reliable access to mobile services for the future. Hence the need for the paving Bill introduced in Parliament last Thursday.

All this was explained during the course of the debate in Parliament.

Further, there is is absolutely no question of the legislation as drafted being incompatible with the Constitution.

The Government of Gibraltar, Gibraltar Savings Bank, and taxpayers collectively hold a substantial investment in Gibtelecom, amounting to tens of millions of pounds, supporting 142 local jobs. GibFibre employs less than 15 Gibraltarians.

In making public statements, GibFibre has an obligation to ensure that information provided is accurate, complete, and balanced.

Gibtelecom has a long-standing presence in Gibraltar, has never shied away from fair competition and continues to compete fairly in the market. Most recently, the Supreme Court of Gibraltar dismissed a Competition law claim against it by GibFibre.

However, equally, it is crucial to ensure that competition is conducted on a level playing field. As the Chief Minister highlighted in Parliament, Gibtelecom operates within legal boundaries offering legitimate satellite services, and does not rely on unauthorised or pirated services to attract consumers. Such practices would distort the market, undermine legitimate business and ultimately harm consumers, who may be lured by unsustainable offerings that could jeopardise the reliability of services offered.

The Government remains committed to lawful, reliable, and high-quality service provision for the benefit of all Gibraltar residents.

ENDS