ACT No. VIII of 2009 AN ACT to amend the Broadcasting Act, Cap. 350.

I assent.

(L.S.) G eorge A bela

President

15th May, 2009

ACT No. VIII of 2009

AN ACT to amend the Broadcasting Act, Cap. 350.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is the Broadcasting

(Amendment) Act, 2009 and it shall be read and construed as one

with the Broadcasting Act, hereinafter referred to as “the principal

Act”.

(2) This Act shall come into force on such date as the

Prime Minister may by notice in the Gazette appoint and different

dates may be appointed for different provisions and different

purposes of this Act.

For article 16A of the principal Act there shall be substituted

the following

(1) The provisions of this Act shall apply

“Broadcasting

licences

issued by the to all broadcasters under Maltese jurisdiction both as the

Act exists at the time of the coming into force of this

Minister.

article and as may be defined and extended from time to

time by regulations made under article 37

Provided that the provisions of article 10(2) and (5)

shall not apply to –

(a) the provision of any sound or television

broadcasting services licensed by the Minister or by

any person, body or authority under licence from or

under arrangements with the Minister; and

(b) any broadcasting licence granted prior to

the 1 st June 1991.

(2) Broadcasting referred to in the proviso to

subarticle (1) shall be subject to such conditions as the

Minister or such person, body or authority mentioned in

paragraph (a) of the proviso to sub-article (1), as the case

may be, may deem appropriate. Such conditions may also

include conditions similar in content to the provisions

made inapplicable to such broadcasting by virtue of

paragraph (a) of the proviso to subarticle (1).”.

3. Immediately after article 16B of the principal Act there

shall be added the following new Part

“PART IIIA

Satellite Radio and Television Programme Content Services

(1) All satellite radio and television

satellite radio

programme content services shall be licensed by the

and television

Broadcasting Authority in terms of this Part of this Act.

services. Cap.

(2) A person who is under the jurisdiction

of Malta shall not supply a compilation of programmes

for the purpose of such compilation being transmitted

as a radio broadcasting service, whether for reception

in Malta or elsewhere, by means of a satellite device

otherwise than under and in accordance with a satellite

radio content broadcasting licence.

(3) A person who is under the jurisdiction of

Malta within the meaning of the Council Directive shall

not supply a compilation of programmes for the purpose

of such compilation being transmitted as a television

broadcasting service, whether for reception in Malta or

elsewhere, by means of a satellite device otherwise than

under and in accordance with a satellite television content

broadcasting licence.

(4) An application fee of one thousand euro

(€1,000) shall be paid to the Authority by an applicant

for a satellite radio or television content broadcasting

service.

(5) The Authority may issue a licence to a

person whereby such person may supply a compilation

of programmes for the purposes referred to in subarticle

(1), and such a licence shall be known as a “provision of

satellite content broadcasting licence” and is in this Part

referred to as a “satellite content licence”.

(6)

A satellite content licence shall include

(a) a condition requiring the holder of

the licence to comply with such legislation,

requirements as to standards, practice and conditions

as the Authority may specify with respect to the

programmes supplied in pursuance of the licence;

and

(b) a condition requiring the holder of the

licence to utilize that licence for such duration as the

Authority may establish provided that such duration

shall not exceed a maximum period of eight years.

(7) In so far as the allocation of radio

frequencies for use by satellite radio and television

programme content services are concerned, such

function shall be exclusively carried out by the Malta

Communications Authority in accordance with the

national radio frequency plan which the Minister

responsible for communications may from time to time

adopt in accordance with the provision of the Electronic

Communications (Regulation) Act.

(1) The Authority may grant such licences

Licensing etc.

to provide satellite content services as it may determine.

(2) An application for a licence to provide

satellite content service shall—

(a) be made in such manner as the Authority

may determine; and

(b) be accompanied by such licence fee as

the Authority may determine.

(3) In its application in relation to a licence

to provide a satellite content service, article 41 of this

Act and the Fifth Schedule to this Act shall have effect

in the sense that the maximum amount which the holder

of such a licence may be required to pay by way of an

administrative penalty imposed in pursuance of article 41

hereof shall instead be of a maximum of three hundred

thousand euro (€300,000).

The Prime Minister may, following agree-

ment with the Authority, make regulations to give better

effect to the provisions of this Part and may, without

prejudice to the provisions of the foregoing, make

regulations extending the application of regulations

made under article 16B of this Act to satellite radio and

television broadcasting with such modifications and

adaptations as the Prime Minister and the Authority may

determine.

For the purposes of this Part

Interpretation.

“the Council Directive” means Council

Directive 89/552/EEC of 3 October 1989 on the co-

ordination of certain provisions laid down by law,

regulation or administrative action in Member States

concerning the pursuit of television broadcasting

activities as published in the Official Journal No. L.

298/23 on 17 October 1989 as amended by Directive

97/36/EC of the European Parliament and of the

Council of 30 June 1997 published in the Official

Journal No. L 202/60 on 30 July 1997 or as may be

amended or substituted from time to time;

“holder” means the person to whom a satellite

content service licence has been granted by the

Authority;

“programmes”

includes

advertisements,

teleshopping and programme promotions.”.

4. Article 31 of the principal Act shall be substituted by the

following

The Authority may enter into any contract

for the supply of goods or materials or for the execution

of works in terms of any regulations made under the

Financial Administration and Audit Act regulating public

contracts.”.

Passed by the House of Representatives at Sitting No. 109 of 11th May, 2009.

L ouis G alea

Speaker

P auline A bela

Clerk to the House of Representatives

€0.56