Statement by the Malta Communications Authority (MCA) on the Designation of a Legal Representative by Kick Streaming Pty Ltd under Article 13 of the DSA

The MCA is following up on recent developments concerning the tragic death of French streamer Raphael Graven, also known as, ‘Jean Pormanove’.

In line with Regulation (EU) 2022/2065, the Digital Services Act (DSA), and the applicable national legislation – the Digital Services (Designation and Enforcement) Order as per Subsidiary Legislation 418.05 of the Laws of Malta, the MCA has been designated as the Digital Services Coordinator (DSC) for Malta, with responsibility for monitoring and enforcing its compliance in Malta.

To date, the MCA has not received a notification from Kick Streaming Pty Ltd regarding the designation of a legal representative in Malta, as required under Article 13(4) of the DSA.

We note, however, that the Kick.com website has today been updated to indicate a designated legal representative established in Malta. In this regard, the MCA has formally requested the operators of Kick.com to provide clarification and to ensure that all obligations under Article 13 of the DSA are fully met.

The MCA will continue to cooperate closely with ARCOM, the designated DSC for France, other Member State DSCs, and the European Commission to ensure effective enforcement of the DSA and the protection of users across the Union.