ACT No. LVI of 2020 AN ACT to amend the Broadcasting Act, Cap. 350.

I assent.

(L.S.)

GEORGE VELLA

President

7th December, 2020

ACT No. LVI of 2020

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

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

House of Representatives, in this present Parliament assembled, and

by the authority of the same as follows:-

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

Act, 2020, and this Act shall be read and construed as one with the

Broadcasting Act, hereinafter referred to as the "principal Act".

In article 2 of the principal Act, the definition "Minister" shall

be substituted by the following

" "Minister" unless otherwise provided, means the Minister

responsible for broadcasting;".

In article 16F of the principal Act, the definition "the Council

Directive" shall be substituted by the following

" "Council Directive" means Directive (UE) 2018/1808 of

the European Parliament and of the Council of 14 November

2018 amending Directive 2010/13/EU on the coordination of

certain provisions laid down by law, regulation or administrative

action in Member States concerning the provisions of the

audiovisual media services (Audiovisual Media Services

Directive) in view of changing market realities;".

Article 16G of the principal Act shall be amended as follows

Amendment of

article 16G of

the principal

(a) the

definition

"audiovisual

commercial

Act.

communication" shall be substituted by the following

" "audiovisual commercial communication" means

images with or without sound which are designed to

promote, directly or indirectly, the goods, services or

image of a natural or legal person pursuing an economic

activity; such images accompany, or are included in a

programme or user-generated video in return for payment

or for similar consideration or for self-promotional

purposes.

Forms

of

audiovisual

commercial

communication include, inter alia, television advertising,

sponsorship, teleshopping and product placement;";

(b) the definition "audiovisual media service" shall be

substituted by the following

" "audiovisual media service" means

(a) a service as defined by articles 56 and 57

of the Treaty on the Functioning of the European

Union, where the principal purpose of the service or a

dissociable section thereof is devoted to providing

programmes, under the editorial responsibility of a

media service provider, to the general public, in order

to inform, entertain or educate, by means of

electronic communications networks within the

meaning of point (a) of Article 2 of Directive 2002/

21/EC. Such an audiovisual media service is either a

television broadcast or an on-demand audiovisual

media service;

(b) audiovisual

commercial

comm-

unication;";

(c)

the definition "broadcasting" shall be deleted;

(d) the definition "Directive" shall be deleted and

immediately before the definition "editorial responsibility" there

shall be added the following new definition

" "editorial decision" means a decision which is taken

on a regular basis for the purpose of exercising editorial

responsibility and linked to the day-to-day operation of the

audiovisual media service;";

(e) immediately after the definition "European Union"

there shall be added the following new definition

" "media literacy" refers to skills, knowledge and

understanding that allow citizens to use media effectively

and safely;";

(f) in the definition "media service provider" for the

words "content of the audiovisual media service" there shall be

substituted the words "content of an audiovisual media service";

(g) the definition "on-demand audiovisual

media

service" shall be substituted by the following

" "on-demand audiovisual media service" means a

non-linear audiovisual media service provided by a media

service provider for the viewing of programmes at the

moment chosen by the user and at his individual request on

the basis of a catalogue of programmes selected by the

media service provider;";

(h) immediately after the definition "on-demand

audiovisual media service", as substituted, there shall be added

the following new definition

" "pop-up advertising" means all forms of

audiovisual commercial communication that appears

superimposed on the audiovisual media service during the

television broadcast of the same service;";

(i) in the definition "product placement" immediately

after the words "featured within a programme" there shall be

added the words "or a user-generated video";

(j) the definition "programme" shall be substituted by

the following

" "programme" means a set of moving images with or

without sound constituting an individual item, irrespective

of its length, within a schedule or a catalogue established

by a media service provider, including feature-length films,

video clips, sports events, situation comedies,

documentaries, children's programmes and original

drama;";

(k) the definition "sponsorship" shall be substituted by

the following

" "sponsorship" means any contribution except

television advertising, teleshopping and product placement

made by public or private undertakings or natural persons

not engaged in providing audiovisual media services or

video-sharing platform services or in producing

audiovisual works to the financing of audiovisual media

services, video-sharing platform services, user-generated

videos or programmes with a view to promoting their

name, trademark, image, activities or products;";

(l) immediately after the definition "surreptitious

audiovisual commercial communication" there shall be added

the following new definitions

" "television broadcasting" or "television broadcast"

means a linear audiovisual media service provided by a

media service provider for simultaneous viewing of

programmes on the basis of a programme schedule;

"thematic placement" means commercial product

placement through the integration of the product into the

theme, colloquium, dialogue or any other form of

integration into a television programme or part thereof

such as the integration of a commercial product as a theme

in a drama series;";

(m) in the definition "the Treaty", for the words

"European Union Act." there shall be substituted the words

"European Union Act;";

(n) immediately after the definition "the Treaty", as

amended, there shall be added the following new definitions

" "user-generated video" means a set of moving

images with or without sound constituting an individual

item, irrespective of its length, that is created by a user and

uploaded to a video-sharing platform by that user or any

other user;

"video-sharing platform provider" means the natural

or legal person who provides a video-sharing platform

service;

"video-sharing platform service" means a service as

defined by Articles 56 and 57 of the Treaty on the

Functioning of the European Union, where the principal

purpose of the service or of a dissociable section thereof or

an essential functionality of the service is devoted to

providing programmes, user-generated videos, or both, to

the general public, for which the video-sharing platform

provider does not have editorial responsibility, in order to

inform, entertain or educate, by means of electronic

communications networks within the meaning of point (a)

of Article 2 of Directive 2002/21/EC and the organisation

of which is determined by the video-sharing platform

provider, including by automatic means or algorithms in

particular by displaying, tagging and sequencing.".

Article 16H of the principal Act shall be amended as follows

(a) paragraph (b) of sub-article (3) thereof shall be

substituted by the following

"(b) if a media service provider has its head office in

Malta but editorial decisions on the audiovisual media

service are taken in another Member State, the media

service provider shall be deemed to be established in the

Member State where a significant part of the workforce

involved in the pursuit of the programme-related

audiovisual media service activity operates. If a significant

part of the workforce involved in the pursuit of the

programme-related audiovisual media service activity

operates in each of those Member States, the media service

provider shall be deemed to be established in the Member

State where it has its head office. If a significant part of the

workforce involved in the pursuit of the programme-

related audiovisual media service activity operates in

neither of those Member States, the media service provider

shall be deemed to be established in the Member State

where it first began its activity in accordance with the law

of that Member State, provided that it maintains a stable

and effective link with the economy of that Member

State;";

(b) immediately after sub-article (6) thereof there shall

be added the following new sub-articles

"(7) Media service providers shall inform the

Authority about any changes that may affect the

determination of jurisdiction in accordance with sub-

articles (2), (3) and (4).

(8) The Authority shall establish and maintain an

up-to-date list of the media service providers under its

jurisdiction and indicate on which of the criteria set out in

sub-articles (2) to (5) its jurisdiction is based. The

Authority shall communicate that list, including any

updates thereto, to the Minister.".

Article 16J of the principal act shall be substituted by the Substitution of

article 16J of the

principal Act.

"16J. (1) A media service provider shall make easily,

directly and permanently accessible to the recipients of a service

at least the following information

(a)

its name;

(b) the geographical address at which it is

established;

(c) the details, including its email address or

website, which allow it to be contacted rapidly in a direct

and effective manner;

(d) the Member State having jurisdiction over it

and the competent regulatory authorities or bodies or

supervisory bodies.

(2) The media service provider shall make accessible to

the Authority information concerning its ownership structure,

including the beneficial owners.

(3) Each directive and, or measure that the Authority

grants or takes for the purpose of the preceding sub-article shall

be necessary and proportionate and shall aim to respect the rights

and observe the principals reflected in the Charter of

Fundamental Rights of the European Union.".

Immediately after article 16J of the principal Act there shall Addition of new

articles 16JA,

be added the following new articles

16JB and 16JC

to the principal

Act.

(1) Audiovisual media services provided

by media service providers which may impair the

physical, mental or moral development of minors

shall only be made available in such a way as to

ensure that minors will not normally hear or see

them. Such measures may include selecting the

time of the broadcast, age verification tools or other

technical measures.

(2) The most harmful content, such as

gratuitous violence and pornography, shall be

subject to the strictest measures.

(3) Personal data of minors collected or

otherwise generated by media service providers

pursuant to sub-article (1) shall not be processed for

commercial purposes, such as direct marketing,

profiling and behaviourally targeted advertising.

(4) Media service providers shall provide

sufficient information to viewers about content

which may impair the physical, mental or moral

development of minors. For this purpose, media

service providers should follow the provisions of

the Requirements as to Standards and Practice

applicable to the Family Viewing and Listening, in

particular as regards the operation of a system

describing the potentially harmful nature of the

content of an audiovisual media service.

(1) Media services provided by media

for persons with

service providers shall, without undue delay, by

means of a progressive and continuous process,

ensure that content is accessible to persons with

disabilities by means of proportionate measures.

Media services should, by no later than six months

after the entry into force of this article, submit an

action plan detailing the measures adopted. This

action plan shall be updated by media service

providers at least once every two years, which period

shall start to run from the date on which the media

service provider submitted the action plan to the

Authority. In any case, the Authority may request the

media service provider to make changes to both the

action plan as well as the updates, if the Authority is

of the opinion that these are not effectively reflecting

the obligations provided for in this article.

(2) Media service providers shall, each year,

present a properly documented report to the

Authority giving an account of the progress made in

implementing the necessary measures to give effect

to the provisions of the preceding sub-article.

(3) The Authority shall designate a single,

easily accessible and publicly available online point

of contact, even for persons with a disability, for

providing information and receiving complaints

regarding any accessibility issues referred to in this

article. These complaints are heard in accordance

with the procedure referred to in article 22A.

(4) Media service providers shall ensure that

emergency information, including public

communications and announcements in natural

disaster situations, which is made available to the

public through audiovisual media services, is

provided in a manner which is accessible to persons

with disabilities.

(1) Programmes and, or audiovisual

media services should not be transmitted in a

shortened form, altered or interrupted, or overlaid for

media services. commercial purposes, without the explicit consent of

the media service provider

Provided that this article would not effect

control elements of any user interface necessary for

the operation of the device or programme navigation,

such as volume bars, search functions, navigation

menus or lists of channels.

(2) Sub-article (1) does not apply to legitimate

overlays, such as warning information, general

public interest information, subtitles or commercial

communications overlays provided by the media

service provider.

(3) Without prejudice to Article 3(3) of

Regulation (EU) 2015/2120 of the European

Parliament and of the Council, data compression

techniques which reduce the size of a data file and

other techniques to adapt a service to the

distribution means, such as resolution and coding,

without any modification of the content, should not

be covered either.".

8. Article 16K of the principal Act shall be substituted by the Substitution of

(1) Audiovisual

commercial

communications provided by media service

p rov iders shall comply with the following

communications.

requirements

(a) audiovisual

commercial

communications

shall

be

readily

recognisable

as

such;

surreptitious

audiovisual commercial communication

shall be prohibited;

(b) audiovisual

commercial

communications shall not use subliminal

techniques;

(c) audiovisual

commercial

communications shall not

(i) prejudice

respect

for

human dignity;

(ii) include or promote any

discrimination based on sex, racial or

ethnic origin, nationality, religion or

belief, disability, age or sexual

orientation;

(iii) encourage

behaviour

prejudicial to health or safety;

(iv) encourage

behaviour

grossly prejudicial to the protection of

the environment.

(2) All forms of audiovisual commercial

communications for cigarettes and other tobacco

products, as well as for electronic cigarettes and

refill containers shall be prohibited.

(3) Audiovisual commercial communications

for alcoholic beverages shall not be aimed

specifically at minors and shall not encourage

immoderate consumption of such beverages.

(4) Audiovisual commercial communications

for medicinal products and medical treatment

available only on prescription shall be prohibited.

(5) Audiovisual commercial communications

shall not cause physical, mental or moral detriment

to minors; therefore, they shall not directly exhort

minors to buy or hire a product or service by

exploiting their inexperience or credulity, directly

encourage them to persuade their parents or others

to purchase the goods or services being advertised,

exploit the special trust minors place in parents,

teachers or other persons, or unreasonably show

minors in dangerous situations.

(6) Broadcasting of all forms of audiovisual

commercial communications on food and

beverage brands and products containing nutrients

and substances with a nutritional or physiological

effect, in particular fat, trans-fatty acids, salt or

sodium and sugars, the type of products known as

‘High in Fat Sugar and Salt (HFSS)’, is prohibited

immediately before or during or immediately after

children’s programmes. For the purpose of

classifying these products, audiovisual media

service providers should follow regulations on the

marketing of products that may have adverse

effects on healthy lifestyles, that may be adopted

in accordance with article 6 of the Healthy

Lifestyle Promotion and Care of Non-

Communicable Diseases Act.

(7) The broadcasting of all forms of

audiovisual commercial communications

regarding products which are not suitable for

children or which children in general cannot

reasonably be expected to buy or attempt to buy, is

prohibited immediately before, during and

immediately after children’s programmes.

(8) Audiovisual commercial communications

for alcoholic beverages in audiovisual media

services shall comply with the following

(a) they shall not be aimed

specifically at minors or, in particular, depict

minors acquiring or consuming such

beverage;

(b) they shall not link the

consumption of alcohol to enhanced physical

performance or to driving;

(c) they shall not create the

impression that the consumption of alcohol

contributes towards social or sexual success;

(d) they shall not claim that alcohol

has therapeutic qualities or that it is a

stimulant, or sedative, or a means of

resolving personal conflicts;

(e) they

shall

not

encourage

immoderate consumption of alcohol or

present abstinence therefrom or moderation

therein in a negative light;

(f) they shall not place emphasis on

high alcoholic content as being a positive

quality of the beverage.".

9. Article 16L of the principal Act shall be amended as follows

(a) sub-article (2) thereof shall be substituted by the

following

"(2) Audiovisual media services or programmes

shall not be sponsored by undertakings whose principal

activity is the manufacture or sale of cigarettes and other

tobacco products, as well as electronic cigarettes and refill

containers.";

(b) sub-article (4) thereof shall be substituted by the

following

"(4) News, current affairs programmes and

programmes or religious services shall not be sponsored.

Pop-up advertising during news and religious programmes

or services is prohibited.".

10. Article 16M of the principal Act shall be substituted by the

following

" The

(1) This article shall apply only to

inclusion of

programmes produced after 19 December 2009.

product

placement.

(2) Commercial product placement shall be

allowed in all audiovisual media services, except

in news and current affairs programmes, in

consumer affairs programmes, in religious

programmes and services and in children's

programmes.

(3) Programmes that contain product

placement shall meet the following requirements

(a) their content and organisation

within a schedule, in the case of television

broadcasting, or within a catalogue in the

case of on-demand audiovisual media

services, shall under no circumstances be

influenced in such a way as to affect the

responsibility and editorial independence of

the media service provider;

(b) they shall not directly encourage

the purchase or rental of goods or services, in

particular by making special promotional

references to those goods or services;

(c) they shall not include undue

thematic placement of commercial products;

(d) they shall not give undue

prominence to the product in question;

(e) viewers shall be clearly

informed of the existence of product

placement by an appropriate identification

at the start and at the end of the programme

and when a programme resumes after an

advertising break, in order to avoid any

confusion on the part of the viewer.

(4) In any event, programmes shall not

contain product placement of

(a) cigarettes and other tobacco

products, as well as electronic cigarettes

and refill containers, or product placement

from undertakings whose principal activity

is the manufacture or sale of those products;

(b) specific medicinal products or

medical treatments available only on

prescription;

(c) tattoo drawing as defined in the

Control of Tattooing Act, which is

broadcast between 6.00 a.m. and 9.00 p.m.;

(d) alcoholic drinks of more than

1.2% alcohol which are broadcast between

6.00 a.m. and 9.00 p.m.;

(e) gambling products which are

broadcast between 6.00 a.m. and 7.00 p.m.,

infant formula and weapons and munitions

Provided that notwithstanding the

above, gambling products which are strictly

related to a sporting event may be

advertised on such programme throughout

the duration of such event, subject to such

restrictions and conditions as the Authority

and, or the Malta Gaming Authority may

impose thereon

Provided further that notwithstanding

the first proviso hereof, if the Authority

deems that, in the interest of public health

and, or for the protection of minors and, or

vulnerable persons as provided for in the

S.L. 583. 04

Gaming Definitions Regulations, the

advertising envisaged in the first proviso

hereof shall not occur, it may restrict and, or

prohibit such advertising as it deems fit in

its sole discretion.".

11. Immediately after article 16M of the principal Act, as

substituted, there shall be added the following new article

" Media

(1) The Minister, in consultation with

Literacy.

the Authority, shall appoint a Board to be referred

to as the "Media Literacy Development Board"

consisting of not less than ten members including

a number of media experts and chaired by a

Chairperson so appointed by the Minister so that,

after consultation and assistance from the

Authority and other governmental entities, draw

up a plan, promote and take all the necessary

measures for the development of media literacy

skills. The members of the Board shall hold

office for a period of three years and each

member may be substituted at the discretion of

the Minister.

(2) The Board referred to in this article shall,

amongst others, ensure that measures are prepared

and implemented to enable citizens to have

advanced media literacy skills and to have access

to information in order to use, assess and create

media content responsibly and securely.

(3) The Board referred to in this article shall

ascertain that measures taken are not limited to

learning about tools and technologies, but should

aim to equip citizens with fostering critical

reflection necessary for the exercise of their own

faculty of judgment, analyze complex realities and

distinguish the difference between opinion and

facts.

(4) This Board shall submit an annual report

to the Minister on the implementation of the

provisions of this article and shall assist the

Minister so that by the 19th December 2022 and

every three years thereafter, a report on this

implementation is drawn up and submitted to the

Commission.

(5) The Minister shall ensure that this Board

has at its disposal all the resources necessary for

the effective implementation of the provisions of

this article and shall also determine the

remuneration of its members.".

12. The heading "Part IIIC – Provisions Applicable to On- Deletion of the

Demand Audiovisual Media Services", which immediately precedes heading

"Part

IIIC" of the

article 16N of the principal Act, shall be deleted.

principal Act.

13. Article 16N of the principal Act shall be substituted by the Substitution of

article 16N of

following

the principal

Act.

" European

(1) Providers

of

on-demand

Works.

audiovisual media services that fall under Maltese

jurisdiction should ensure that their catalogues

contain at least a minimum share of 30% of

European works and that they are given sufficient

prominence.

(2) The obligations relating to the promotion

of European works do not apply for media service

providers with a low turnover or low audience.

(3) The Authority may waive such obligations

or requirements referred to in this article where it

would be impracticable or unjustified by reason of

the nature or theme of the audiovisual media

services.".

14. Article 16O of the principal Act shall be substituted by the Substitution of

article 16O of

following

the principal

Act.

" Obligations

(1) A provider of media services who

of on-demand

intends to provide an on-demand audiovisual

audiovisual

media service shall, before doing so, notify the

media service

providers.

Authority’s Chairman by means of a written

request in the form of a letter. A media service

provider providing an on-demand service before

the date of entry into force of this article shall

notify the Authority by means of a written

request in the form of a letter addressed to the

Chairman of the Authority, within one month

from date of entry of this article.

(2) The notification shall contain the

following information

(a) in the case of a natural

person, the name, surname and address,

identity card number, passport number or

any other identification document as may

be accepted by the Authority;

(b) in the case of a legal person,

the name and address of the company and

of the registered office.

(3) Any person, whether natural or legal,

shall provide the Authority with

(a) the name and surname of the

registered editor as contained in the

Media and Defamation Act;

(b) his mobile number;

(c) his landline number;

(d) his email address.

(4) When the Authority is notified in

accordance with sub-article (1), the person

concerned shall be deemed to be authorised to

provide an on-demand audiovisual media

service, subject to such conditions as may be

imposed in accordance with this Part.

(5) The Authority may, by order in the

Gazette, amend the conditions mentioned in

sub-article (4). Any such amendment may only

be made in objectively justified cases and in a

proportionate manner. The Authority, before

making any such amendment to the said

conditions, shall give notice of its intention in

such manner as it considers appropriate,

inviting interested parties to make

representations on the proposed amendments

within such period of not less that thirty days as

may be specified in the notice. The Authority

may, in circumstances which it considers to be

exceptional, shorten such period.

(6) An audiovisual media service provider

that provides an on-demand audiovisual media

service should ensure that adequate measures

are in place to prevent minors from accessing

content that could seriously impair their

physical, mental or moral development.

(7) Audiovisual media services provided

by audiovisual media service providers shall

not include any

(a) incitement to violence or

hatred directed against a group or a

member of a group on any of the grounds

referred to in Article 21 of the Charter of

Fundamental Rights of the European

Union;

(b) public provocation to commit

a terrorist offence as determined in

accordance with Article 5 of Directive

(EU) 2017/541.

(8) Every directive and, or measure that

the Authority gives or takes for the purpose of

the preceding sub-article shall be necessary and

proportionate and shall aim to respect the rights

and observe the principals reflected in the

Charter of Fundamental Rights of the European

Union.".

15. Immediately after article 16P of the principal Act there shall Addition of new

article 16Q to

be added the following new article

the principal

Act.

" The use of

The media service providers, video-

co-regulation

sharing platform service providers or

and self-

organisations representing them, in cooperation,

regulation.

as necessary, with other sectors such as industry,

trade, professional and consumer associations or

organisations are encouraged to embrace the use

of co-regulation and the fostering of self-

regulation through codes of conduct adopted on a

national level in the fields coordinated by the

Council Directive up to its limit. These codes

shall

(a) be such that they are broadly

accepted by the main stakeholders;

(b) clearly and unambiguously set

out their objectives;

(c) provide for regular, transparent

and independent monitoring and evaluation

of the achievement of the objectives aimed

at; and

(d) provide

for

effective

enforcement including effective and

proportionate sanctions.".

16. Immediately after article 16Q, as added, there shall be added

the following new heading

"Part III C – Provisions Applicable for Video-Sharing

Platform Services".

Immediately after the new heading "Part III C – Provisions

Applicable for Video-Sharing Platform Services", as added, there shall

be added the following new articles

" Obligations

16R. (1) A video-sharing platform provider

of video-

established in the territory of Malta within the

sharing

meaning of article 8A and the other provisions of

platform

providers.

the Electronic Commerce Act and Article 3(1) of

Directive 2000/31/EC shall fall under the

jurisdiction of Malta.

(2) A video-sharing platform provider which

is not established on Maltese territory pursuant to

the preceding sub-article shall be deemed to be

established on the territory of a Member State if

that video-sharing platform provider

(a) has a parent undertaking or a

subsidiary undertaking that is established in

the territory of that Member State; or

(b) is part of a group and another

undertaking of that group is established in

the territory of that Member State.

(3) For the purposes of this article

"parent undertaking" means an

undertaking which controls one or more

subsidiary undertakings;

"subsidiary undertaking" means an

undertaking controlled by a parent

undertaking, including any subsidiary

undertaking of an ultimate parent

undertaking;

"group" means a parent undertaking,

all its subsidiary undertakings and all other

undertakings having economic and legal

organisational links to them.

(4) For the purposes of applying sub-article

(2), where the parent undertaking, the subsidiary

undertaking or the other undertakings of the group

are each established in different Member States,

the video-sharing platform provider shall be

deemed to be established in the Member State

where its parent undertaking is established or, in

the absence of such an establishment, in the

Member State where its subsidiary undertaking is

e s t a b l i s h e d o r, i n t h e a b s e n c e o f s u c h a n

establishment, in the Member State where the

other undertaking of the group is established.

(5) For the purposes of applying sub-article

(3), where there are several subsidiary

undertakings and each of them is established in a

different Member State, the video-sharing

platform provider shall be deemed to be

established in the Member State where one of the

subsidiary undertakings first began its activity,

provided that it maintains a stable and effective

link with the economy of that Member State.

Where there are several other undertakings

which are part of the group and each of them is

established in a different Member State, the

video-sharing platform provider shall be deemed

to be established in the Member State where one

of these undertakings first began its activity,

provided that it maintains a stable and effective

link with the economy of that Member State.

(6) Articles 8A, 19, 20, 21 and 22 of the

Electronic Commerce Act and Articles 3 and 12 to

15, both articles included, of Directive 2000/31/

EC shall apply to video-sharing platform

providers deemed to be established in a Member

State in accordance with sub-article (2).

(7) A video-sharing platform provider

established or deemed to be established in Malta

shall notify the Authority in writing by means of a

letter addressed to the Chairman of the Authority,

which notification shall include

(a) in the case of a natural person,

the name, surname and address, identity

card number, passport number or any other

identification document as may be accepted

by the Authority;

(b) in the case of a legal person, the

name and address of the company and of the

registered office.

(8) The Authority shall establish and

maintain an up-to-date list of the video-sharing

platform providers established or deemed to be

established in Malta and indicate on which of the

criteria set out in the preceding sub-articles their

jurisdiction is based. The Authority is entitled to

declare, ex officio, a video-sharing platform

provider as an established provider in Malta.

16S. (1) Without prejudice to articles 19, 20,

Measures to

protect

21 and 22 of the Electronic Commerce Act and

minors

applicable to

Articles 12 to 15 of Directive 2000/31/EC, video-

video-

sharing platform providers under the jurisdiction of

sharing

platform

Malta shall take the necessary measures to protect

providers.

(a) minors from programmes, user-

generated videos and audiovisual commercial

communications which may impair their

physical, mental or moral development in

accordance with article 16JA;

(b) the

general

public

from

programmes, user-generated videos and

audiovisual commercial communications

containing incitement to violence or hatred

directed against a group of persons or a

member of a group based on any of the

grounds referred to in Article 21 of the

Charter of Fundamental Rights of the

European Union;

(c) the

general

public

from

programmes, user-generated videos and

audiovisual commercial communications

containing content the dissemination of

which constitutes an activity which is a

criminal offence under Union law, namely

public provocation to commit a terrorist

offence as set out in Article 5 of Directive

(EU) 2017/541 and in Book First, Part II,

Title IX, Sub-title IVA of the Criminal

Code,

offences

concerning

child

pornography as set out in Article 5(4) of

Directive 2011/93/EU and in Book First,

Part II, Title VII, Sub-title II of the Criminal

Code and offences concerning racism and

xenophobia as set out in Article 1 of

Framework Decision 2008/913/JHA and as

also provided for in articles 83B and 83C of

the Criminal Code.

(2) Video-sharing platform providers under

the jurisdiction of Malta shall comply with the

requirements set out in article 16K with respect to

audiovisual commercial communications that are

marketed, sold or arranged from the video-sharing

platform providers.

(3) Video-sharing platform providers under

the jurisdiction of Malta shall take the appropriate

measures to comply with the requirements set out

in article 16K with respect to audiovisual

commercial communications that are not marketed,

sold or arranged by those video-sharing platform

providers, taking into account the limited control

exercised by those video-sharing platforms over

those audiovisual commercial communications.

(4) Video-sharing platform providers shall

clearly inform users where programmes and user-

generated videos contain audiovisual commercial

communications, provided that such

communications are declared under paragraph (c)

of sub-article (6) or the provider has knowledge of

that fact.

(5) The Authority shall encourage the use of

co-regulation and the fostering of self-regulation

through codes of conduct as provided for in article

16Q aiming at effectively reducing the exposure of

children to audiovisual commercial

communications for foods and beverages

containing nutrients and substances with a

nutritional or physiological effect, in particular fat,

trans-fatty acids, salt or sodium and sugars, of

which excessive intakes in the overall diet are not

recommended. Those codes shall aim to provide

that such audiovisual commercial communications

do not emphasise the positive quality of the

nutritional aspects of such foods and beverages.

(6) For the purposes of sub-articles (1) to (3),

the appropriate measures shall be determined in the

light of the nature of the content in question, the

harm it may cause, the characteristics of the

category of persons to be protected as well as the

rights and legitimate interests at stake, including

those of the video-sharing platform providers and

the users having created or uploaded the content as

well as the general public interest. Those measures

shall consist of, as appropriate

(a) including and applying in the

terms and conditions of the video-sharing

platform services the requirements referred

to in sub-article (1);

(b) including and applying in the

terms and conditions of the video-sharing

platform services the requirements set out in

article 16K for audiovisual commercial

communications that are not marketed, sold

or arranged by the video-sharing platform

providers;

(c) having a functionality for users

who upload user-generated videos to declare

whether, as far as they know or can be

reasonably expected to know, such videos

contain

audiovisual

commercial

communications;

(d) establishing

and

operating

transparent and user-friendly mechanisms

for users of a video-sharing platform to

report or flag to the video-sharing platform

provider concerned the content referred to in

sub-article (1) provided on its platform;

(e) establishing

and

operating

systems through which video-sharing

platform providers explain to users of video-

sharing platforms what effect has been given

to the reporting and flagging referred to in

paragraph (d);

(f) establishing and operating age

verification systems for users of video-

sharing platforms with respect to content

which may impair the physical, mental or

moral development of minors;

(g) establishing and operating easy-

to-use systems allowing users of video-

sharing platforms to rate the content referred

to in sub-article (1);

(h) providing for parental control

systems that are under the control of the

end-user with respect to content which may

impair the physical, mental or moral

development of minors;

(i) establishing

and

operating

transparent, easy-to-use and effective

procedures for the handling and resolution of

users' complaints to the video-sharing

platform provider in relation to the

implementation of the measures referred to in

paragraphs (d) to (h);

(j) providing for effective media

literacy measures and tools and raising users'

awareness of those measures and tools.

(7) Personal data of minors collected or

otherwise generated by video-sharing platform

providers pursuant to sub-articles 6(f) and 6(h)

shall not be processed for commercial purposes,

such as direct marketing, profiling and

behaviourally targeted advertising.

(8) For the purposes of the protection of

minors provided for in sub-article (1)(a), the most

harmful content shall be subject to the strictest

access control measures.

(9) The Authority shall ensure that all video-

sharing platform providers under its jurisdiction

apply such measures. Those measures shall be

practicable and proportionate, taking into account

the size of the video-sharing platform service and

the nature of the service that is provided. Those

measures shall not lead to any ex-ante control

measures or upload-filtering of content which do

not comply with Article 15 of Directive 2000/31/

EC.

(10) The Authority shall assess the

appropriateness of the measures referred to in

sub-article (3) taken by video-sharing platform

providers and has the right to issue all directives

which it considers necessary or expedient for the

proper execution referred to in this article.

(11) In case of disputes arising between users

and video-sharing platform providers relating to

the application of the provisions of this article, the

provisions on the investigation of complaints shall

apply in accordance with article 21A

Provided that this shall not deprive the

rights of the user to have recourse to any other

means that may offer legal protection including, if

necessary, recourse to the Courts of ordinary

jurisdiction and Courts of Constitutional

jurisdiction where this is permitted by law.".

Immediately after article 22 of the principal Act there shall be

Addition of new

article 22A to

the principal

Act.

added the following new article

" Complaints

(1) Third parties wishing to complain

regarding

to the Authority about any accessibility issue as

accessibility.

provided for in article 16JB shall submit their

complaint in writing to the Chief Executive of the

Authority or by registering their complaint

electronically through the Authority’s website.

(2) The Chief Executive shall investigate the

complaint by ensuring that the audiovisual media

service provider followed the action plan laid

down in article 16JB(1).

(3) The Chief Executive shall forward the

complaint to the audiovisual media service

provider and fix a short and peremptory time-limit

for the audiovisual media service provider to

submit a written reply to the complaint. The reply

shall be accompanied by any documents that the

audiovisual media service provider deems relevant

to the case.

(4) Upon expiry of the time-limit established

in accordance with the preceding sub-article, the

Chief Executive shall determine whether the

complaint is prima facie justified.

(5) In the event that the Chief Executive is

of the opinion that the complaint is prima facie

justified, he shall inform the audiovisual media

service provider in writing of the deficiencies

found and shall in the same communication

establish a reasonable time for the audiovisual

media service provider to comply with the action

plan submitted by him in accordance with article

16JB. A copy of this communication shall be sent

to the complaining third party.

(6) In the event that the audiovisual media

service provider fails to comply with the action

plan within the set time-limit, the Chief Executive

shall report on this failure to the Chairperson and

the members of the Authority. After taking into

account all of the circumstances, the Authority

may decide to issue a directive to the audiovisual

media service provider to comply with the action

plan in terms of article 15.".

19. The Third Schedule to the principal Act shall be amended as

(a) paragraph 6 thereof shall be substituted by the

following

"6. Isolated television advertising and teleshopping

spots shall be admissible in sports events. Isolated

television advertising and teleshopping spots, other than in

transmissions of sports events, shall remain the

exception.";

(b) paragraph 11 thereof shall be substituted by the

following

"11. The transmission of films made for television

(excluding

series,

serials

and

documentaries),

cinematographic works and news programmes may be

interrupted by television advertising, teleshopping, or both,

once for each scheduled period of at least 30 minutes.";

(c) paragraph 15 thereof shall be substituted by the

following

"15. The proportion of television advertising spots

and teleshopping spots within the period between 6.00 a.m.

and 6.00 p.m. shall not exceed 20% of that period. The

proportion of television advertising spots and teleshopping

spots within the period between 6.00 p.m. and 12.00 a.m.

shall not exceed 20% of that period.";

(d) paragraph 16 thereof shall be substituted by the

following

"16. Paragraph 15 shall not apply to

(a) announcements made by the broadcaster

in connection with its own programmes and ancillary

products directly derived from those programmes or

with programmes and audiovisual media services

from other entities belonging to the same

broadcasting group;

(b)

sponsorship announcements;

(c)

product placements;

(d) neutral frames between editorial content

and television advertising or teleshopping spots, and

between individual spots.";

(e) paragraph 35 thereof shall be substituted by the

following

"35. (1) Teleshopping spots may not be broadcast

before or after children’s programmes.

(2) The transmission of children's programmes

may be interrupted by television advertising once for each

scheduled period of at least 30 minutes, provided that the

scheduled duration of the programme is greater than 30

minutes. The transmission of teleshopping shall be

prohibited during children's programmes. No television

advertising or teleshopping shall be inserted during

religious services.".

20. The Fifth Schedule to the principal Act shall be substituted by Substitution of

the Fifth

the following

Schedule to the

principal Act.

"FIFTH SCHEDULE

[Article 41(1)]

OFFENCES WHICH ARE COGNIZABLE BY THE

BROADCASTING AUTHORITY

FIRST COLUMN

SECOND COLUMN

THIRD COLUMN

Provision

Penalty

Reduced Penalty

Article 10(6)(a)

1,160

Article 10(7)

Article 10(8)

Article 10(10)

1,160

Article 13(2)(a)

1,160

Article 13(2)(b)

1,160

Article 13(2)(c)

1,160

Article 13(2)(d)

1,160

Article 13(2)(e)

1,160

Article 13(2)(f)

1,160

Article 13(3)

4,660

4,190

2,330

1,750

Article 16(2)

1,160

Article 16B (2)

1,160

Article 16C (2)

1,160

Article 16C (3)

1,160

Article 16E

1,160

Article 16F

1,160

Article 16H(1)

2,230

1,750

Article 16H(7)

2,330

1,750

Article 16J

2,330

1,750

Article 16JA

1,160

Article 16JB

1,160

Article 16JC

1,160

Article 16K

2,330

1,750

Article 16L

2,330

1,750

Article 16M

2,330

1,750

Article 16N

2,330

1,750

Article 16O

2,330

1,750

Article 16Q

2,330

1,750

Article 16AA

34,950

23,300

Article 16AB

34,950

23,300

Article 18(3)

2,330

1,750

Article 18(4)

2,330

1,750

Article 19(1)

2,330

1,750

Article 19(3)

2,330

1,750

Article 19(4)

2,330

1,750

Article 19(5)

2,330

1,750

Article 19(6)

2,330

1,750

Article 19(7)

2,330

1,750

Article 19(11)(a)

2,330

1,750

Article 19(11)(b)

2,330

1,750

Article 19(11)(c)

2,330

1,750

Article 20(1)(a) & (2)

2,330

1,750

Article 20(1)(b) & (2)

2,330

1,750

Article 20(3)

2,330

1,750

Article 20(4)

2,330

1,750

Article 21(l)(a)

1,750

1,280

Article 21(l)(b)

1,750

1,280

Article 21(2)

1,750

1,280

Article 21(3)(a)

1,750

1,280

Article 21(3)(b)

1,750

1,280

Article 21A(4)

Article 22(1)

2,330

1,750

Article 22(2)

2,330

1,750

Article 23(1)

1,160

Article 23(2)

1,750

1,280

Article 23(3)(a)

1,750

1,280

Article 23(3)(b)

1,750

1,280

Article 23(4)(a)

1,750

1,280

Article 23(4)(b)

1,750

1,280

Article 23(4)(c)

1,750

1,280

Article 23(5)

1,750

1,280

Article 23(6)

1,750

1,280

Article 23(7)

1,750

1,280

Article 34(1)(a)

1,750

1,280

Article 34(1)(b)

1,750

1,280

Article 40(1)

2,330

1,750

First Schedule - for any violation of any of the

sub-paragraphs of paragraphs 1, 2 and 3 of the

said Schedule

1,160

Third Schedule - for any violation of any of the

paragraphs of the said Schedule

1,160

Fourth Schedule - for not installing or for not

using a delay mechanism during phone-in

programmes

1,160

Advertising, Sponsorship and Teleshopping

(Protection of Consumers’ Interest) (Television

Broadcasting Injunction) Order

34,950

23,300

Regulations 5 and 6 of the European

Broadcasting Cooperation Regulations -

34,950

23,300

Requirements as to Standards and Practice

applicable to News Bulletins and Current Affairs

Programmes - S.L. 350.14

Section 1

1,750

1,280

Section 2

1,750

1,280

Section 3

1,160

Section 4

1,750

1,280

Section 5

1,750

1,280

Section 6

Section 7

1,160

Section 8

1,160

Section 9

1,750

1,280

Section 10

1,160

Section 11

1,160

Section 12

1,750

1,280

Section 13

1,160

Section 14

1,160

Section 15

1,160

Section 16

1,750

1,280

Requirements as to Standards and Practice

applicable to Participation in Media Programmes

of Vulnerable Persons - S.L. 350.15

2,330

1,750

Requirements as to Standards and Practice

applicable to the Coverage of Tragedies in

Broadcasting - S.L. 350.16

2,330

1,750

Requirements as to Standards and Practice

applicable to Disability and its Portrayal in the

Broadcasting Media - S.L. 350.17

2,330

1,750

Requirements as to Standards and Practice

applicable to the Family Viewing and Listening -

1,160

Requirements as to Standards and Practice

applicable to Phone-in Programmes aired on the

Broadcasting Media - S.L. 350.19

1,160

Requirements as to Standards and Practice

applicable to Crawls and Captions in Television

Programmes - S.L. 350.20

1,160

Requirements as to Standards and Practice

applicable to various types of Polls broadcast on

Radio and Television Services - S.L. 350.21

1,160

Requirements as to Standards and Practice

applicable to the Conduct of Competitions and

the Award of Prizes - S.L. 350.22

1,160

Requirements and Methods of Advertising

applicable to Tattoo Advertising -S.L. 350.23

1,160

Requirements and Methods of Advertising

applicable to Alcoholic Drink Advertising,

Sponsorship and Teleshopping - S.L. 350.24

1,160

Requirements and Methods of Advertising

applicable to Gambling Advertisements -

1,160

Requirements as to Standards and Practice

applicable to the Promotion of Racial Equality -

1,160

Requirements as to Standards and Practice

applicable to the Price of Telephone Calls and

SMSs in the Broadcasting Media - S.L. 350.27

1,160

Requirements as to Standards and Practice on

Programmes Involving the Participation of

Certain Health Care Professionals in the

Broadcasting Media and Requirements as to

Advertisements, Methods of Advertising and

Directions applicable to Medicinal Products and

Treatments - S.L. 350.30

1,160

Requirements as to Standards and Practice as to

Advertisements, Method of Advertising and

Directions on Public Collections on the

Broadcasting Media - S.L.350.31

1,160

1. The Authority may inflict on any person who has violated any

of the provisions listed in the First Column of this Schedule the

corresponding penalty listed in the Second Column of this Schedule

provided that where the Authority is of the opinion from the

circumstances of the case that the gravity of the offence is one which

warrants the imposition of a higher penalty, the Authority may award a

penalty which is not in excess of the amount established in first

proviso to article 41(4)(c) and article 16D(3).

2. Where any person who is served with a notice in terms of

article 41 elects to pay the penalty without contestation, he shall be

liable to pay the penalty indicated in the Third Column of this

Schedule.

3. In the case of a second or subsequent violation of any

provision of this Schedule, the penalties listed in the Second and Third

Columns of this Schedule shall be increased by twenty percent for

each and every subsequent violation.".

Transitory and saving provisions.

1. Nothing shall invalidate any procedure whether written or oral

which may have been made before the coming into force of the Fifth

Schedule to the Broadcasting Act as substituted by article 20 of the

Broadcasting (Amendment) Act, 2020 and which was valid according Act No. LVI of

2020. to the law as in force on the date when made.

2. Without prejudice to any charges issued by the Chief

Executive in terms of article 41 referring to the Fifth Schedule to the

Broadcasting Act, any procedure made by virtue or under the

provisions of that article and said Schedule shall remain valid in the

same manner as if it were done under the provisions of that article and

the Schedule.

3. Any charge issued by the Chief Executive in terms of article

41 referring to the Fifth Schedule of this Act which has not been

admitted to by the person against whom the charge has been issued or

which has not been disposed of definitively by the Authority shall

continue to be regulated by the Fifth Schedule as in force at the time

prior to the said date of entry into force of the Broadcasting

2020. (Amendment) Act, 2020.".

Passed by the House of Representatives at Sitting No. 407 of the

2nd December, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€3.06