New Law Would Ban Businesses From Refusing Service To Minorities

Restaurants, bars, banks, insurance companies and other businesses could soon be legally prohibited from refusing service to people belonging to minority groups under a proposed new equality law tabled in parliament.

The bill, spearheaded by Equality and Civil Rights Minister Rosianne Cutajar, would establish Malta’s first National Commission for Human Rights and Equality (NCHRE), replacing the National Commission for the Promotion of Equality (NCPE).

Speaking during the bill’s second reading, Cutajar said the legislation would strengthen protections against discrimination across several sectors, including employment, education, advertising and access to goods and services.

She said businesses such as restaurants, bars, banks and insurance companies would no longer be able to refuse service to people based on protected characteristics, including sexual orientation, disability, race, ethnicity, gender identity, age, health status or family responsibilities.

The proposed law would also allow victims of discrimination to take civil action and seek compensation for both financial and moral damages.

Among the reforms is the introduction of intersectional discrimination into Maltese law, recognising cases where someone faces discrimination on multiple grounds simultaneously, such as age and disability or race and gender.

The bill also makes it illegal to instruct someone else to discriminate and extends protections against harassment, including online abuse and offensive behaviour on electronic platforms.

In addition, Malta would incorporate Article 1 of the Twelfth Protocol to the European Convention on Human Rights into national law, introducing a broader prohibition on discrimination by public authorities.

The new Human Rights and Equality Commission would have the power to investigate complaints, launch investigations on its own initiative and compel witnesses to testify or produce evidence. Failure to cooperate could result in fines of up to €1,000, a prison sentence of up to three months, or both.

While the Nationalist Party said it supports the principle behind the legislation, Opposition leader Alex Borg criticised the government for introducing the bill without a public consultation process.

Borg also questioned whether the proposed commission would be sufficiently independent, warning that it risks becoming “independent only on paper” if government retains excessive influence over appointments and investigations.

The Opposition has announced it will propose amendments aimed at strengthening the commission’s independence and ensuring public authorities are legally required to respond to its findings.

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Gabriel Falzon

Gabriel Falzon is a social media executive at Lovin Malta, with a keen interest in digital media, local businesses, and the natural world. Outside of work, you’ll often find him baking up a storm, diving into video games, or exploring the endless corners of YouTube.