MT
BROADCASTING ACT
Table of Provisions (73)
Statutory Text (73 Articles)
BROADCASTING
CHAPTER 350
BROADCASTING ACT
To make provision for the regulation of all sound and television broadcasting services in
Malta; as well as to provide for the powers, duties and financial resources of the Broadcasting
Authority set up in accordance with the Constitution; to provide for the exercise and
performance by the Authority of functions in addition to those established by the Constitution,
which functions shall include that of issuing licences in respect of radio and television
services in Malta; to make provision in respect of all such powers as may be necessary in
order for the Authority to fulfil its functions in accordance with the Constitution and this Act;
and to make provision in respect of matters ancillary thereto or connected therewith.
1st June, 1991
ACT XII of 1991, as amended by Acts: XIV of 1993, XVI of 1997 and XV of 2000; Legal
Notices 159 and 164 of 2000; Act VI of 2001; Legal Notices 245 of 2001 and 134 of 2002; Act
VII of 2004; Legal Notice 301 of 2005; Act XV of 2006; Legal Notices 69, 254 and 424 of
2007, 174 and 225 of 2008, and 348 of 2009; Act VIII of 2009; Legal Notices 321 and 322 of
2010; and Acts IV of 2010, VIII of 2011, XXXII of 2014, VII of 2015 , XLII of 2016 and XVI of
2018 and LVI of 2020 and Legal Notice 175 of 2025.
The short title of this Act is Broadcasting Act.
Amended by
XV. 2000.15.
Article 16 (3)
Substituted by
VIII. 2011.14.
PURPOSES FOR WHICH PROVISION IS TO BE MADE IN LICENCES AND
CONTRACTS FOR THE PROVISION OF BROADCASTING SERVICES
1. A licence shall include -
(a) such conditions as appear to the Authority to be appropriate having
regard to any duties which are or may be imposed on the Authority
itself, or on the licensee, by or under this Act;
(b) conditions enabling the supervision and enforcement of technical
standards in connection with the provision of the licensed service
(including the use of the allocated frequency);
(c) conditions requiring the payment by the licensee (whether on the grant
of the licence or at such times thereafter as may be determined by or
under the licence, or both) of a fee or fees of an amount or amounts so
determined;
(d) conditions requiring the licensee to furnish the Authority, in such
manner and at such times as it may reasonably require, with such
information (including documents, returns, accounts and declarations)
as it may require for the purpose of exercising the functions assigned to
it by or under this Act;
(e) conditions requiring the licensee, if found by the Authority to be in
breach of any condition of his licence, to reimburse to the Authority, in
such circumstances as are specified in any conditions, any costs
reasonably incurred by it in connection with the breach of that
condition;
(f)
conditions providing for such incidental and supplemental matters as
appear to the Authority to be appropriate; and
(g) conditions requiring licensees, other than those providing community
radio services, within each financial year, to present to the Authority
copies of their audited accounts for the previous financial year, a
declaration as of the 31st December of each year as to the licensees’
affairs/corporate structures as well as reports on the state of public
opinion concerning their programme services.
2. A licence shall also include -
(a) conditions requiring the licensee -
(i)
to comply with any direction given by the Authority as to such
matters as are specified in the licence or are of a description so
specified;
(ii) (except to the extent that the Authority consent to his doing or not
doing them) not to do or to do such things as are specified in the
licence or are of a description so specified;
(iii) to comply with the programme service ("promise of
performance") as approved by the Authority;
(b) conditions requiring the licensee to permit -
(i)
any employee of, or person authorised by, the Authority, or
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(ii) any officer of, or person
authorised
by,
the
Malta
Communications Authority,
to enter any premises which are used in connection with the
broadcasting of the licensed service and to inspect, examine, operate or
test any equipment on the premises which is used in that connection;
and
(c) conditions requiring the licensee -
(i)
to retain, for a period of ninety days, a recording of every
programme included in the licensed service;
(ii) at the request of the Authority or of a court of law, to produce to it
any such recording;
(iii) to retain, for a period of one year, a transcript of every news
programme included in the licensed service;
(iv) at the request of the Authority or of a court of law, to produce to it
any such news transcript and any other script or transcript of a
programme included in the licensed service which he is able to
produce to it;
(v) to keep full logs for a twelve month period of all transmissions of
the licensed service;
(vi) at the request of the Authority, or of a court of law, to produce to
it such logs;
(vii)
to adopt procedures to handle complaints from viewers and
listeners.
3. (1) A licence for community radio services shall include conditions
preventing the licensee from -
(a) utilising any of the frequencies allocated to Malta in terms of
international agreements;
(b) interfering with any national broadcasting station received in Malta
whether originating from Malta or from abroad;
(c) interfering with any of the nationwide radio services;
(d) having more power than is reasonably required for the purpose of
transmission. The Authority shall, in conjunction with the Malta
Communications Authority, establish such amount of reasonable power
and, in doing so, shall take into account the variations which occur from
place to place due to the topography of the locality involved;
(e) including anything in programmes which offends against good taste or
decency or is likely to encourage or incite to crime or to lead to disorder
or to be offensive to public feeling;
(f)
transmitting news or current affairs programmes except of a community
nature; and
(g) utilising an allocated frequency for less than twenty hours per week.
(2) Such a licence for community radio services shall also contain, where
applicable
(a) conditions enabling the supervision and enforcement of technical
standards by the Authority following consultation with the Malta
Communications Authority in connection with the provision of the
licensed service (including the use of the allocated frequency); and
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(b) conditions approved by the Authority following consultation with the
Malta Communications Authority relating to the broadcasting
equipment to be used by the licensee.
4. A broadcasting licence may also include such other conditions as the
Authority deems necessary including conditions relating to programme quality
standards and minimum technical standards to ensure acceptable quality
broadcasting.
In this Act, unless the context otherwise requires -
"the Authority" means the Broadcasting Authority established by
article 118 of the Constitution;
"advertising" means any form of announcement broadcast
whether in return for payment or for similar consideration, or
broadcast for self-promotional purposes by a public or private
undertaking in connection with a trade, business, craft or
profession in order to promote the supply of goods or services,
including immovable property, rights and obligations, in return for
payment;
"broadcast" means the initial transmission of radio or television
programmes or of any audiovisual material intended for reception
by the public on any electronic communications network and any
electronic communications service as defined in article 2 of the
Electronic Communications (Regulation) Act, but does not include
retransmissions and communication services providing items of
information or other messages on individual demand such as
telecopying, electronic data banks and other similar services;
"broadcasting licence” means a licence issued by the
Broadcasting Authority in terms of article 10 and also includes any
licence, contract or other document issued under any other law
whereby a person is authorised to provide a broadcasting service;
"community radio service" means a radio service designed to
cater for the needs of a particular community or locality and having
a limited range of reception;
"financial year" means the period of twelve months ending on the
thirty-first day of December in any year;
" M i n i st e r " unless otherwise provided, means the Minister
responsible for broadcasting;
"Malta" has the same meaning as is assigned to it in article 124
of the Constitution;
"National Broadcasting Plan" means the National Broadcasting
Plan contained in the Second Schedule to this Act;
"nationwide radio service" means a radio service designed to
cater for the needs of the nation as a whole and having a range of
reception which includes the whole of Malta;
"person" includes also a body corporate established by law and
includes also a department of government;
"programmes broadcast by the Authority" includes programmes
broadcast on behalf of the Authority in accordance with the
provisions of this Act;
"retransmission" means receiving and simultaneously
transmitting, irrespective of the technical means employed,
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complete and unchanged radio or television programme services, or
important parts of such services, transmitted by broadcasters for
reception by the general public;
"subliminal techniques" means the use of any technical device
which, by using images of very brief duration or by any other
means, exploits the possibility of conveying a message to, or
otherwise influencing the minds of, members of an audience
without their being aware, or fully aware, of what has been done;
"teleshopping" means direct offers broadcast to the public with a
view to the supply of goods or services, including immovable
property, rights and obligations, in return for payment.
PART II
Functions and Composition of the Broadcasting Authority
Amended by
XV. 2000.16.
Article 11(1)(c)
NATIONAL BROADCASTING PLAN
(Deleted by Act VIII. 2011.15.)
(1) Without prejudice to and in addition to the functions
under article 119 of the Constitution, the Authority shall have the
function to regulate sound and television broadcasting services in
Malta and to issue licences for the provision of such services in
accordance with this Act.
(2) The Authority shall also have the right to provide itself or
through broadcasting contractors, in accordance with the provisions
of this Act, sound and television broadcasting services in Malta.
(3) The Authority shall in addition to its other powers assume,
from a date or dates stipulated by the Prime Minister in writing,
such rights and duties arising from any agreement between the
Government of Malta and cable or other broadcasting operators as
the Prime Minister may from time to time specify.
(4) The services referred to in sub-article (2) may be provided
for and on behalf of the Authority by broadcasting contractors who,
under contract with the Authority, have in consideration of payment
to the Authority and subject to the provisions of this Act, the right
a nd du ty t o p ro v id e such s e r vi c e s f or and o n b e h a lf of th e
Authority.
(5) The Authority may not grant any licence or enter into any
contract in terms of sub-article (4) on an exclusive basis, and any
provision granting such exclusivity whether contracted or granted
before or after the coming into force of this Act shall be deemed to
be null and void, without prejudice to all the other provisions of the
contract or licence which in no way violate the provisions of the
sub-article.
(6) The Authority shall also have the right to appoint a separate
contractor to provide a service to be transmitted either separately or
through the medium provided by the other contractors who shall be
bound to carry such service at such times and under such conditions
as the Authority may stipulate and in return for such payment of
fees or other considerations as the Authority may provide to be
payable to it or to the contractor providing the service.
Substituted by
L.N. 159 of 2000;
Article 19(2)
L.N. 245 of 2001.
Amended by
L.N. 134 of 2002;
L.N. 174 of 2008.
Substituted by
L.N. 321 of 2010.
Amended by
VIII. 2011.19;
LVI. 2020.19.
CODE FOR ADVERTISEMENTS AND TELESHOPPING
FOR RADIO AND TELEVISION BROADCASTS
Radio and television broadcasts shall comply with the following rules
General standards
1. Advertising and teleshopping shall not, except as authorized under a scheme
of political broadcasts approved by the Authority in terms of article 13(4) of this
Act, and irrespective of whether they are broadcast in return for payment or for
similar consideration or otherwise, be of a political nature.
2. No person who is authorised to broadcast commercial advertising or
teleshopping shall confine such advertising and teleshopping to goods or services of
a sole commercial or financial group or grant any exclusive right for the commercial
advertising of a specific product or service.
3. In the acceptance of advertisements and teleshopping there shall be no
unreasonable discrimination either against or in favour of any particular advertiser.
Forms and presentation
4. Advertising and teleshopping shall be readily recognisable and
distinguishable from editorial content. Sponsorship of news and current affairs
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programmes on radio shall be prohibited.
5. Without prejudice to the use of new advertising techniques, television
advertising and teleshopping shall be kept quite distinct from other parts of the
programme by optical and, or acoustic and/or spatial means.
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.
7. Successive advertisements and teleshopping shall be recognisably separate
in particular techniques such as those described in article 19 of this Act.
8. Advertisements and teleshopping shall not be arranged or presented in such
a way that any separate advertisement appears to be part of a continuous feature.
9. Audible matter in advertisements and teleshopping shall not be excessively
noisy or strident.
Insertion of advertisements and teleshopping
10. Advertising and teleshopping shall be inserted between programmes
Provided the conditions contained in paragraph 11 are fulfilled, advertising
and teleshopping may also be inserted during programmes in such a way that the
integrity and value of the programme, taking into account natural breaks in, and the
duration and nature of the programme, and the rights of the rights holders, are not
prejudiced.
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.
Advertising and teleshopping of particular products
12. Teleshopping for medicinal products and teleshopping for medical
treatment, shall be prohibited.
13. Advertising and teleshopping for all other medicines and medical treatment
shall be clearly distinguishable as such, honest, truthful and subject to verification,
and shall comply with the requirements of protection of the individual from harm.
14. Advertising and teleshopping for alcoholic beverages shall comply with the
following criteria
(a) it may not be aimed specifically at minors or, in particular, depict
minors acquiring or consuming such beverage;
(b) it shall not link the consumption of alcohol to enhanced physical
performance or to driving;
(c) it shall not create the impression that the consumption of alcohol
contributes towards social or sexual success;
(d) it shall not claim that alcohol has therapeutic qualities or that it is a
stimulant, or sedative, or a means of resolving personal conflicts;
(e) it shall not encourage immoderate consumption of alcohol or present
abstinence therefrom or moderation therein in a negative light;
(f)
it shall not place emphasis on high alcoholic content as being a positive
quality of the beverages.
Duration
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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.
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.
17. The amount of time given to advertising on radio services shall not exceed
twenty-five per centum within one hour period, provided that part of such
advertising time may be aggregated to a continuous period not exceeding two hours
in each twelve hou period. For the purposes of this Schedule, a twelve hour period
shall be understood to mean between 06.00 and 17.59 hours and between 18.00 and
05.59 hours.
Exemptions
18. Paragraphs 10, 11 and 15 shall not apply to radio services.
Teleshopping for both non-Teleshopping Television Stations and for Television
Stations exclusively licensed for teleshopping
19. Teleshopping offers of any kind shall contain the direct offer for sale to the
public within the teleshopping transmission itself. Where the offer for sale is only
contained elsewhere (such as in a teletext service) the material may not be classed as
teleshopping.
20. "Direct offer" means the form of advertising for the supply of any product or
service offering detailed explanations and promotion of advantages. A teleshopping
offer may solicit the purchase, sale or lease of products or services through contact
with the commercial distributors or service provider either by telephone or by any
electronic means.
21. Teleshopping shall not use the same scenography of other non-advertising
programmes and shall not be presented by anchormen/women engaged in television
news or current affairs features.
22. The use of encoded messages shall be forbidden during a teleshopping offer.
23. The price of the product or service offered shall be provided during a
teleshopping offer and the address from where business is conducted shall not be
broadcast either orally or graphically
Provided that in the case of a distance contract concluded following a direct
offer made through a teleshopping window, it shall be the duty of the broadcaster to
provide the address of the trader only in cases of contracts requiring payment in
advance.
24. The station which broadcasts a teleshopping window shall keep a record of
the identity and the address of the trader who sells a product or a service during a
teleshopping window, should a viewer who has purchased a product or service
request such information.
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25. During a teleshopping offer it shall be permissible
(a) to inform the viewer that the advertised product or service will be sent
to the address of the person who responds to the teleshopping offer;
(b) to describe the advertised product or service which will be provided and
to announce its functions and its price.
26. All forms of teleshopping and competitions shall not be permitted during a
teleshopping offer.
27. A direct offer is always bound with the possibility of direct response,
identified by a telephone number. In the case of a television broadcast, one or more
telephone numbers which the buyer may call to purchase a particular product or
service may be displayed on screen. The numbers may be of a call centre, a
warehouse, the studio, the station itself or another place from where the consumer’s
needs may be met.
28. The expression "optical means" in paragraphs 5, 31 and 37 of this Schedule
includes titles, written words, graphic and coloured images, logos, and abbreviations
of the expression "teleshopping" and also includes a telephone number. The
expression "acoustic means" in paragraphs 5, 31 and 37 includes spoken words,
jingles or music parts.
29. Any regulations made under the provisions of article 7 of the Consumers
Affairs Act, regulating distance selling, where applicable, shall also apply to
teleshopping.
30. Teleshopping applies only to television services and not to radio services.
Teleshopping for Non-Teleshopping Television Stations
31. Windows devoted to teleshopping broadcast by a channel not exclusively
devoted to teleshopping shall be clearly identified as such by optical and acoustic
means and shall be of a minimum uninterrupted duration of 15 minutes.
32. As teleshopping is a form of distance selling, editorial material shall be kept
separate from editorial or non-commercial elements.
33. No advertisements may be broadcast within teleshopping windows.
34. Without prejudice to the provisions of paragraph 29, respondents to
teleshopping offers shall have the right to return the product within 15 days from the
date of sale to the sales agent. During a teleshopping offer the presenter shall, at the
beginning of the teleshopping, inform viewers of such right.
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.
Teleshopping for Television Stations exclusively licensed for Teleshopping
36. Stations that are exclusively devoted to teleshopping shall not transmit any
other type of programme apart from teleshopping offers.
37. Teleshopping shall be identified by both optical and acoustic means. A
specific announcement shall precede and end the teleshopping offers. As for the
quality of the signals given, they shall be suited for drawing the audience’s attention
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to the fact that a teleshopping offer is being broadcast.
38. The provisions of this Act, other than regulations made under article 37(2)
of this Act, shall apply mutatis mutandis to channels exclusively devoted to
advertising and teleshopping and television channel exclusively devoted to self-
promotion.
39. The provisions of paragraphs, 10, 11, 15 and 16 of this Schedule and
regulation 5 of the Broadcasting (Jurisdiction and European Co-operation
Regulations (S.L. 350.04) shall not apply to the channels mentioned in paragraph 38
of this Schedule.
40. This Schedule is without prejudice to any law in force in Malta.
(1) The Authority shall be a body corporate having a
distinct legal personality and shall be capable, subject to the
provisions of this Act, of entering into contracts, of acquiring,
holding and disposing of any kind of property for the purposes of
its functions, of suing and being sued, and of doing all such things
and entering into all such transactions, commitments and
obligations, as are incidental or conducive to the exercise or
performance of its functions.
(2) It is hereby prescribed that the number of members of the
Authority other than the Chairman shall be not less than four nor
more than seven. One of the members shall be a person with
disability.
(3) All appointments to the Authority shall be published in the
Government Gazette.
(4) The legal representation of the Authority shall vest in the
Chairman or in such other member or members of the Authority, as
the Authority may by resolution published in the Government
Gazette designate
Provided that the Authority may delegate under its general
direction, any of its powers, other than those referred to by article
119(1) of the Constitution, to any of its members or any of its
officers or servants and may authorise any such persons to appear
on any contract, deed or other instrument for and on behalf of the
Authority, and to sign for or on its behalf any such contract, deed or
instrument, as well as any other document, including cheques and
other bills of exchange, and the Authority may also ratify and
accept any thing done for and on its behalf without such
authorisation.
(5) Any document purporting to be an instrument made or
issued by the Authority and signed by the Chairman on behalf of
the Authority shall be received in evidence and shall, until the
contrary is proved, be deemed to be an instrument made or issued
on behalf of the Authority.
Amended by
L.N. 424 of 2007.
Article 35
A. APPLICATION FORM FOR A VHF/FM
NATIONWIDE SOUND BROADCASTING RADIO SERVICE
(a)
Applicants are requested to note that they will be required to use the VHF/
FM Master Antenna System which is to be installed at the existing
television antennae site at G]arg]ur.
(b)
Applications should be typed. Twelve copies of this completed form are
required. Only add separate sheets where it is indicated you may do so;
otherwise responses must be kept within the space allocated. Appendices
giving additional information, or any other material (e.g. cassettes,
publicity documents), should not be enclosed unless specifically requested.
Failure to comply with these requirements will render the application liable
to disqualification. Following the presentation of this application form to
the Broadcasting Authority any contact between the applicant and the
Authority should only be at the instigation of the Authority.
(c)
This form, when completed, should be addressed to the Chairman of the
Broadcasting Authority.
1a. PROPOSED STATION NAME
(or name by which the applicant is usually known).
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(a)
Applicants are requested to note that they will be required to use the VHF/
FM Master Antenna System which is to be installed at the existing
television antennae site at G]arg]ur.
(b)
Applications should be typed. Twelve copies of this completed form are
required. Only add separate sheets where it is indicated you may do so;
otherwise responses must be kept within the space allocated. Appendices
giving additional information, or any other material (e.g. cassettes,
publicity documents), should not be enclosed unless specifically requested.
Failure to comply with these requirements will render the application liable
to disqualification. Following the presentation of this application form to
the Broadcasting Authority any contact between the applicant and the
Authority should only be at the instigation of the Authority.
(c)
This form, when completed, should be addressed to the Chairman of the
Broadcasting Authority.
1b. NAME, ADDRESS AND TELEPHONE
NUMBER(S) OF
MAIN
ORGANISER(S) OF THIS APPLICATION
(for contact purposes: maximum two persons).
Name (1)
(2)
Address
Telephone
(daytime)
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1c. LEGAL STATUS OF APPLICANT
(see Article 10, sub-articles (4) to (6) of Part III of the Broadcasting Act,
1991).
2. CONTENT AND STYLE OF PROGRAMMING (maximum 60 words)
(This is your ‘Promise of Performance’- see Article 5a of this form).
3. MEMBERS OF APPLICANT GROUP - overleaf give name, age, address,
nationality (if not Maltese) and other activities (e.g. other directorships) of
each. Briefly describe personal background and previous experience,
especially that which is relevant to running this radio service.
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3a. MANAGING DIRECTOR
Name
Age
Address
Nationality
Background/Experience
3b. DIRECTORS / MANAGEMENT COMMITTEE
For each individual, provide the following information (use additional sheets
if necessary)
Name
Age
Address
Nationality
Background/Experience
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3c. DESCRIBE HOW, AND WHEN, THE APPLICANT GROUP WAS
FORMED, AND HOW IT HAS DEVELOPED.
Mention any other organisations lending support to this application.
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4. STAFFING
4 a. Draw up a reporting structure showing station management and organisation,
including all intended staff posts, with salaries. (Use one additional sheet if
necessary).
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EXECUTIVES / SENIOR STAFF (including those mentioned at Article
3) - give name, age, address and nationality (if not Maltese) of any
individuals so far appointed or identified for station management or other
senior staff posts. Briefly describe personal background and relevant
previous experience, and state which post the individual would occupy.
(Use additional sheets if necessary).
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4c. Give total number of (i) full-time and (ii) part-time staff actually employed or
to be employed in paid posts.
(i) Full-time
(ii) Part-time
Actually employed
To be employed
4d. If appropriate, indicate how voluntary (i.e. unpaid) staff would contribute to
the running of the station, and how many volunteers might be involved
during a typical week.
5. PROGRAMMING
5a. Make your promise of programming performance, stating, in not more than
sixty words, the precise nature of the programme service you intend to
provide. If possible, quantify in approximate terms the proportions of airtime
to be devoted to the main elements of output. (Please use same wording as in
Article 2).
5b. Briefly describe how your proposed programming will differ from, and add
to, the choice of radio output already available.
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5c. During which hours of the day do you intend to broadcast? (If different from
day to day, please list each day of the week separately).
5d. Do you intend to broadcast any programmes obtained from a source other
than your own radio station? YES___ NO ___
IF YES, STATE
When? (State times of day)
For how many hours per week in total?
From what source(s)? (State number of hours per source)
(N ote: If t he sh ari ng of a frequen cy b etween a num ber o f different
contributing groups is planned, please provide an outline of the sharing
arrangements proposed, as part of the response to Article 5f below).
5e. What arrangements will you make to obtain
National news?
International news?
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5f. Provide an outline on these pages of a proposed typical week’s programming,
indicating the times of broadcasting and the length and type of items likely to
be included. Indicate also whether any increase in hours is expected, and
when.
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5 f. (contd.)
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5 f. (contd.)
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5g. What, if any, are your plans for preparing and broadcasting national
information, social action and/or religious programming? Please include
details of any proposals for off-air activity, e.g. the provision of training
facilities.
5h. If programming in languages other than Maltese is proposed, state which, and
give approximate proportions of total output to be broadcast in these
languages.
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6. THE AUDIENCE
6a. How large an audience do you expect to attract? Will your station appeal
especially to particular groups within the population (if so, say which)? What
evidence do you have of public demand for the type of programme service
you propose? (If specific audience research has been carried out, use this and
a maximum of one additional page to summarise main findings of relevance.
Do not include full audience research reports with the application).
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6b. By what means would the station plan to keep in touch with the views of its
listeners, and their responses and reactions to its services?
6c. Are there any particular organisations or groups within the Maltese islands
which you would expect to involve on a regular basis in the station’s
programming, or on an advisory basis?
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7. FINANCIAL ARRANGEMENTS
7a. Applicants should submit a feasibility study analysis covering three (3)
years as a minimum which should include
(i)
Projected profit and loss statement - first year per quarter;
(ii)
Projected cash flow statement - first year per quarter;
(iii) Projected balance sheet for the three years;
(iv)
Projected statement of source and application of funds;
(v)
Details of assumptions on which feasibility study is based;
(vi)
Details of financing arrangements;
(vii) Details of grants and donations.
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7b. Share capital
Classes of share capital
Number
Par value
Issue Price
(if different)
Voting
Non voting
Other: (Please specify)
7c. Loan Stock
If loan stock is to be issued, state the amount and redemption/conversion
terms.
BROADCASTING
7d. Set out below the details of all voting shareholders (excluding any nominal
membership shares), and holders at 5% or more of non-voting shares and
loan stock. (A second page may be added if necessary).
Name of Investor
Address
Invest.
% of
€
total
required
BROADCASTING
7e. Describe briefly the method by which share/loan capital is to be raised.
(Give details of any proposal to have share capital publicly quoted).
7f. Other loans
If appropriate, give details of lender, interest rate and repayment terms.
7g. Bank overdraft facilities
If facilities have been provisionally negotiated, attach a supporting letter
from the relevant bank.
Letter dated
Enclosed/Not enclosed
(delete as applicable)
BROADCASTING
7h. Details of capital expenditure.
8. CASH FLOW FORECAST
In which year of operation is it expected
(i) first to make a trading profit?
(ii) to have eliminated all cumulative losses?
9. ADVERTISING AND OTHER REVENUE
9a. What arrangements do you propose for the sale of advertising?
BROADCASTING
9b. Briefly show how you have estimated your annual revenue from the sale of
advertising time (taking into account e.g. population coverage, percentage of
airtime sold, tariff levels).
9c. Who within the radio station would be responsible for advertising. (Please
confirm that he/she will be made familiar with the Code for Advertisements
and Sponsorships as laid down in the Third Schedule of the Broadcasting Act
1991).
BROADCASTING
9d. If you plan to raise revenue from sources other than the sale of airtime for
advertising (e.g. merchandising, commercial production, co-funding, etc.),
please list these below
Type/source of revenue
Expected
% of
annual
total
income
revenue
(Yr 1) €
required
BROADCASTING
10. APPLICANT’S OTHER INTERESTS
10a. Details are required of the involvement by the applicant group in the
activities set out below. For these purposes, the applicant group is defined as
its directors (or their equivalent), any company or person with a potential
holding of 5% or more of any class of voting share or loan capital, or any
subscriber otherwise providing 5% or more of the total funding needs
identified in paragraph 7b above. Details should be given under the following
broad classifications, showing for each heading the extent of the interest
owned, i.e. wholly owned, controlling interest (and size thereof), minority
interest (and size thereof). If not applicable, write ‘None’.
(i) Advertising agencies.
(ii) The manufacture of records or the publication of musical works.
(iii) The promotion of the broadcasting of sound recordings or of the broadcasting
of performance of music works.
(iv) The obtaining of employment for theatrical performers or for persons to take
part as performers in programmes by way of television or radio.
(v) Newspapers, including shareholdings or holdings in a group having
substantial control over one or more newspapers.
BROADCASTING
10b. Provide details of any connection between the applicant group (as defined
above) and the following
(i)
Sound broadcasting, television, and allied activities (e.g. wire distribution of
sound or television, satellite and cable television).
(ii) Places of entertainment or other entertainment activities.
(iii) Other connections of a nature relevant or related to broadcasting.
(iv) Connections with bodies of a wholly or mainly religious nature.
(v) Connections with bodies of a wholly or mainly political nature.
BROADCASTING
11. TRANSMITTERS AND OTHER EQUIPMENT (Until an offer of licence
is made, the Authority does not wish to be told which engineering company
or consultancy, if any, has been or will be providing advice or services to the
applicant).
11a. Assuming that you will be required to use a VHF/FM Master Antenna System
and that this would be installed at the existing TV antennae site, G]arg]ur,
give details of the coverage pattern and power and signal level you envisage
to provide a good quality signal within the Maltese Islands.
11b. On a separate sheet, list and price all transmitting equipment you either have
or intend to purchase, giving performance specifications.
11c. What test equipment do you propose using, and how will you monitor and
control important parameters of the signal, including frequency, power,
spurious radiation and modulation level?
11d. Please add any technical points regarding transmission, in addition to those
given in articles 11a and 11b, including whether you wish to broadcast in
stereo.
Mono
Stereo
11e. Are you currently using any VHF/FM frequencies or have you any preference
for any particular frequency?
BROADCASTING
12. STUDIOS (Until an offer of licence is made the Authority does not wish to
be told which engineering company or consultancy, if any, has been or will
be providing advice or services to the applicant).
12a. What is the proposed location (give the actual address, if known) of your
studio(s)? What is the property currently used for?
12b. What form of acoustical treatment and isolation do you envisage for your
studio(s)?
12c. On a separate sheet, insert a rough scale plan of your studio(s), technical
areas and other principal rooms, giving all dimensions.
12d. On a separate sheet, list and price all studio equipment you either have or
intend to purchase, giving proforma specifications.
12e. Please add any technical points regarding studios, in addition to those given
in articles 12a to 12d.
BROADCASTING
12f. What arrangements do you propose for linking your studio(s) with the
transmitter?
13. READINESS DATE
How long after the award of licence would you be ready to start broadcasting?
What are the main factors that will determine your readiness date?
BROADCASTING
I certify that, to the best of my knowledge, the details given in this application
for a licence to provide sound broadcasting services are correct, and that I have
read the Broadcasting Act 1991 and understand the terms under which licences to
broadcast are issued. I understand that, if awarded the licence, tape recordings of
all output, apart from commercial tapes, records or discs (with timings), will need
to be made and retained for ninety days prior to being recycled and that if phone-
ins are part of the station’s programming a delay mechanism will need to be
installed and instructions given for its use where necessary.
Signature
Name (in block capitals)
Position within applicant group
BROADCASTING
B. APPLICATION EVALUATION FORM
FOR A VHF/FM NATIONWIDE SOUND
BROADCASTING RADIO SERVICE
(For Broadcasting Authority use)
PROPOSED STATION NAME
MARKING
Very
Very
Good
Good
Ave.
Poor
Poor
ASSESSMENT: KEY POINTS ONLY
MARK
QUESTION
(1-5)
SECTION A: GROUP AND STAFFING
Managing Director assess suitability and expertise
3a
(Mark 2 if no Managing Director or equivalent
named)
Directors (excluding MD): assess expertise and
3b
local involvement
History of group: assess depth of commitment
3c
Staffing: assess practicality in
relation
to
4a, c-d
programming and financial plans.
BROADCASTING
ASSESSMENT: KEY POINTS ONLY
MARK
QUESTION
(1-5)
SECTION A
GROUP AND STAFFING (contd.)
4b
Executives (including MD): assess expertise and
background of individuals mentioned
(Mark 2 if no executives are named)
SECTION B
PROGRAMMING
5a
Programming approach: assess coherence, as
outlined in promise of performance
5b
Diversity: assess degree to which proposals would
genuinely increase choice available to listeners
5c-d
Independence and co-operation: assess practicality
of plans to ‘go it alone’ or to draw upon outside
resources
BROADCASTING
ASSESSMENT: KEY POINTS ONLY
MARK
QUESTION
(1-5)
SECTION B
PROGRAMMING (contd.)
5e-h
Programming plans: assess realism in fulfilling
performance brief
6a
Audience demand: assess validity of evidence for
audience targeting proposed
6b-c
Audience involvement: assess degree to which
applicant is in touch with audience
SECTION C
FINANCE
7a (i) to (vii)
Financial Arrangements: assess feasibility study
analysis
7b
Share Capital
BROADCASTING
ASSESSMENT: KEY POINTS ONLY
MARK
QUESTION
(1-5)
SECTION C
FINANCE (contd.)
7c
Loan Stock
(Mark 2 if none)
7d
Details of voting
7e
Method by which share/loan capital is to be raised
7f
Other loans
(Mark 3 if none)
7g
Bank overdraft facilities
BROADCASTING
ASSESSMENT: KEY POINTS ONLY
MARK
QUESTION
(1-5)
SECTION C
FINANCE (contd.)
7h
Details of capital expenditure
Cash flow: assess forecast
9a-d
Revenue
EITHER assess advertising revenue projections OR
assess credibility of alternative proposals for
generating income
Applicant’s other interests: do these present any
potential difficulties (and if so, say what these
are)?
(Mark 4 for no difficulties, 2 for minor difficulties,
1 for major difficulties)
BROADCASTING
ASSESSMENT: KEY POINTS ONLY
MARK
QUESTION
(1-5)
SECTION D
ENGINEERING
11a
Coverage pattern, power and signal level, quality
of signal: assess conclusions
11b
Transmitting equipment: assess suitability for task
11c
Testing equipment: assess suitability
(NB Incorporate any points in 11d within assessments of 11a-c)
12a
Studio location: assess practicality
12b
Acoustical standards: assess provision
BROADCASTING
ASSESSMENT: KEY POINTS ONLY
MARK
QUESTION
(1-5)
SECTION D
ENGINEERING (contd.)
12c
Studio plans: assess
12d
Studio equipment: assess
(NB Incorporate any points in 12e within assessments of 12a-d)
Readiness date: enter date proposed
(Mark 4 if feasible, 2 if unlikely, 1 if impossible)
BROADCASTING
TECHNICAL CONDITIONS RELATING TO THE ESTABLISHMENT
AND OPERATION OF A VHF / FM STATION FOR A NATIONWIDE
SOUND BROADCASTING RADIO SERVICE IN THE FREQUENCY
BAND 87.5 T0 108.0 MHZ
CONTENTS
Purpose.
General.
Definitions.
Abbreviations.
Transmitter Construction.
Transmission Characteristics.
Artificial Antenna.
Safety and Weather Protection.
Station Certification.
Station access and Personnel.
Connection to Public Telecommunications Circuits.
Environmental Conditions.
Power Supply.
Documentation.
Transmitter Load Protection.
Site in the National Plan for VHF/FM Nationwide Sound Broadcasting
Radio Service.
Changes to characteristics of frequency assignments.
BROADCASTING
1. PURPOSE
This document specifies the technical conditions attached to a licence issued
under the Broadcasting Act 1991 for the establishment and operation of a VHF
- FM station for a Nationwide Sound Broadcasting Radio Service in the
frequency band 87.5 to 108 MHz.
2. GENERAL
These technical conditions detail those characteristics of the equipment that
need to be considered for the purposes of frequency spectrum management and
safety and do not include detailed equipment specifications.
Type approval of equipment is not envisaged. Instead a procedure of station
certification, by a qualified person (see article 9) will apply.
Revision of the technical requirements specified in this document may be
required from time to time.
Even though a system may satisfy the requirements specified in this document
at the time of authorisation, international agreements may necessitate
additional requirements/restrictions for any station.
3. DEFINITIONS
Current Radio Regulations
The current Radio Regulations are "The Radio Regulations edition of 1990"
Geneva 84 Plan
The Geneva 1984 Plan is the "Final Acts of the Regional Administrative
Conference for the planning of VHF Sound Broadcasting, Geneva 1984".
Assignment (of a radio frequency or radio frequency channel)
A radio frequency or radio frequency channel for which authorisation has been
received for its use at a specified station with specified characteristics.
Effective Radiated Power (e.r.p.)
The Effective Radiated Power, in a given direction, is the product of a power
supplied to the antenna and its gain relative to a half-wave dipole.
Authority
Authority means the Broadcasting Authority.
4. ABBREVIATIONS
IEC
- International Electrotechnical Commission
EBU
- European Broadcasting Union
RDS
- Radio Data Systems
CCIR
- International Radio Consultative Committee
BROADCASTING
5. TRANSMITTER CONSTRUCTION
General
The mechanical and electrical construction shall meet such requirements as can
be reasonably set, taking the state of the art into account. (See also Article 8
"Safety and Weather Protection").
All controls, meters, indicators and terminals shall be clearly labelled. Details
of the power supply from which the equipment is intended to operate shall be
clearly indicated. The equipment should normally consist of one complete unit.
Controls
There shall be a control to switch "on" and "off" the power to the entire
installation. The "on" position shall be clearly indicated.
Controls which, when wrongly adjusted, increase the risk of causing
interference or of improper functioning of the transmitter shall not be
immediately accessible to the user.
Manufacturer’s Identification
The transmitter shall be provided with an indication showing the
manufacturer’s trade mark, type designation and serial number. The indication
shall be fitted on the outside of the transmitter, shall be clearly readable,
unremovable and indelible.
6. TRANSMISSION CHARACTERISTICS
Frequency Aspects
The equipment shall be designed to operate on the assigned frequency in the
frequency band 87.5 to 108 MHz only.
In accordance with Appendix 7 of the current Radio Regulations the frequency
tolerance shall be within +/ - 2KHz of the nominal value specified in the
licence.
The transmit-frequency shall be derived from a crystal-oscillator. If use is
made of a synthesizer and/or a phase locked loop system, the transmitter shall
be inhibited when synchronisation is absent. The transmitter frequency
adjustment control shall not be easily accessible to the user.
Spurious and Harmonic Emissions
With the transmitter operating at any power up to its specified power level into
its designed load impedance, the level of any spurious or harmonic emissions
in the frequency range 100KHz to 2GHz, excluding the range +/-300KHz
relative to the unmodulated carrier frequency, shall not exceed a value of 70dB
below the unmodulated carrier power. However in the band 108 - 118 MHz the
level of any spurious emissions shall be limited to not more than 77dB below
the unmodulated carrier.
Class of Emission, Bandwidth, and Modulation Standards
(i) Modulation Standards.
In accordance with the Geneva 84 Plan (Chapter 3), the transmission
system used shall be either System1: monophonic (with maximum
frequency deviation +/- 75KHz) or System 4: Stereophonic pilot tone
system (maximum frequency deviation +/- 75KHz).
BROADCASTING
(ii) System 1: Monophonic Transmission.
The radio-frequency signal consists of a carrier frequency modulated by
the sound signal after preemphasis with a maximum frequency deviation
of +/- 75KHz.
(iii) System 4: Stereophonic Transmission.
The radio-frequency signal consists of a carrier frequency modulated by
baseband signal according to the specifications of the pilot-tone system.
The maximum frequency deviation is +/-75KHz.
(iv) Pre-emphasis and low pass filter.
The transmitter must be provided with a pre-emphasis filter with a time-
constant of 50 microseconds, combined with a low-pass filter with an
attenuation of at least 30dB at an input modulation frequency of 20 KHz,
relative to the level at 1 KHz.
(v) Permitted subcarriers for the transmission of supplementary information.
The addition of a sub-carrier on 57 KHz for the transmission of
supplementary information using the Radio Data System (RDS) specified
in EBU Document Tech. 3244 is considered as being included in the above
designation of Emission and permitted Bandwidth. However prior
approval must be obtained from the Authority for the use of this system.
LF input and RF output impedance
The nominal LF input impedance shall be 600 Ohms balanced to earth within
the modulation frequency range 40Hz - 15KHz. The RF output characteristic
impedance of the equipment shall be 50 Ohms.
Transmitter Power
The transmitter RF output power shall not exceed the value specified in the
licence by more than 1dB (26%). The transmitter must incorporate a suitable
meter indicating the RF output power to enable routine checks to be made.
7. ARTIFICIAL ANTENNA
An artificial antenna must be provided for off-air testing and equipment
alignment at each station. This should consist of non-reactive non-radiating
load of 50 Ohms impedance which can be connected to the output of the
transmitter.
8. SAFETY AND WEATHER PROTECTION
Safety
(i) A broadcasting Transmission Installation shall be so designed, constructed
and installed as to prevent danger arising, either in normal use or under
fault conditions, to personnel working on, or externally inspecting the
system, or to any other person. Safety should be considered under the
following headings
-
personal protection against electric shock;
-
personal protection against radiation;
-
personal protection against physical injury;
-
protection against fire;
BROADCASTING
(ii) The system must comply with IEC Specification 215 (Third Edition 1987)
relating to Safety Requirements for Radio Transmitting Equipment.
Weather Protection
All apparatus and cables exposed to weather, corrosive atmosphere or other
adverse conditions shall be so constructed or protected as may be necessary to
prevent danger arising from such exposure.
9. STATION CERTIFICATION
It is the responsibility of the Licensee to ensure that the suitably qualified
person has the necessary technical training, knowledge and pr actical
experience so as to enable to certify that the installation and maintenance of the
station complies with these technical conditions.
Permission for on-air testing prior to the certification in 9c below and
commencement of regular service shall be obtained from the Authority.
When the installation of equipment is complete the Licensee shall provide
evidence of certification, by a suitably qualified person, to the Authority, that
the station is ready to commence operation in accordance with these technical
conditions.
10. STATION ACCESS AND PERSONNEL
10a. Only authorised personnel shall have access to the Transmission Equipment for
the purposes of adjustment/ maintenance of that equipment.
10b. It is the responsibility of the licensee to ensure that all authorised personnel are
adequately trained for the functions they are authorised to undertake.
11. CONNECTION
TO
THE
PUBLIC
TELECOMMUNICATIONS
NETWORK
Where studio and transmitting equipment is connected together by circuits
provided on the Public Telecommunications Network prior approval by
Maltacom plc shall be obtained.
12. ENVIRONMENTAL CONDITIONS
Whilst due allowance must be made for likely ambient temperature and
humidity variations for the particular location of the transmitter, compliance
with the requirements must be achieved over the following minimum ranges
Ambient Temperature: 5 deg. Cel. to 45 deg. Cel.
Relative Humidity: 0 % to 95 %
13. POWER SUPPLY
13a. Whilst due allowance must be made for the stability of the actual power supply,
compliance with the requirements of this Specification must be achieved for
supply voltage variations in the range +6 % to -10 % of the nominal value.
13b. Precautions shall be taken to prevent switching or commutation spikes from
being radiated or superimposed upon the incoming supply.
BROADCASTING
14. DOCUMENTATION
Accurate operating instructions for the correct use of the transmitter must be
kept with it at all times. Similarly, up-to-date circuit diagrams and parts lists
must be available to enable proper maintenance. Any modifications to the
transmitter must be carried out by qualified personnel, and the details reported
to the Authority.
15. TRANSMITTER LOAD PROTECTION
The transmitter should be designed such that it will not suffer damage when
operated continuously with the RF output connector either open or short-
circuited.
16. SITE IN THE NATIONAL PLAN FOR VHF/FM NATIONWIDE SOUND
BROADCASTING RADIO SERVICE
Transmitters of the VHF/FM Nationwide Sound Broadcasting Radio Service
shall be co-sited with the existing television service at G]arg]ur and shall use a
master antenna system.
17. CHANGES TO CHARACTERISTICS OF FREQUENCY ASSIGNMENTS
17a. The characteristics of an assignment include frequency, station name, effective
radiated power, polarisation and radiation pattern of antenna.
17b. In the final acts of the "Regional Administrative Conference for the Planning
of VHF-FM Sound Broadcasting, Geneva 1984" there are procedures that have
to be adhered to if a change in the characteristics of an assignment is
envisaged.
17c. Some changes to the characteristics could be difficult and take a long time to
process in accordance with the above mentioned procedures. The Authority
should be advised as early as possible of any changes sought in the
characteristics of the assignments so it can advise of any potential problems
foreseen. All international co-ordination is the responsibility of the Authority.
BROADCASTING
D. SOUND BROADCASTING LICENCE FEES
1. APPLICATION FEES
Applications for a nationwide sound broadcasting licence must be
accompanied by a non-refundable application fee of €5,823.
Applications for a community sound broadcasting licence (including for
one-off events) must be accompanied by a non-refundable application fee
of €116.
2. LICENCE FEES
The annual licence fee payable to the Authority for a nationwide sound
broadcasting licence will be €11,646.
The annual fee payable to the Authority for a community sound
broadcasting licence will be €349.
Licences payable to the Authority for community sound broadcasting
services for one-off events shall be €116 per event.
3. PAYMENTS BY THE AUTHORITY
The Broadcasting Authority shall pay to the Malta Communications Authority
such reasonable fees as may be due for those services which the Authority may
require for technical assistance in relation to the applications and the normal
servicing of the licence conditions.
BROADCASTING
(1) There shall be a Chief Executive of the Authority to be
appointed following a public call for applications by the Authority
from among persons who have had experience of, and shown
capacity in, dealing with matters related to broadcasting.
(2) A person shall not be qualified to hold, or act in, the office
of Chief Executive if he is disqualified to hold office as a member
of the Authority.
(3) Under its general direction, the Authority may delegate to
the Chief Executive such of its powers and duties as it may deem
necessary or expedient to enable him to carry out the business of
the Authority.
(4) An appointment of a person to, or to act in, the post of
Chief Executive shall be published in the Gazette.
(5) Nothing in this article shall affect the validity of any
appointment to the office of Chief Executive validly made before
the coming into force of this Act.
BROADCASTING
Added by
XV. 2000.17.
[Article 41(1)]
Amended by
L.N. 164 of 2000;
L.N. 301 of 2005;
L.N. 69 of 2007;
L.N. 254 of 2007.
Substituted by
L.N. 424 of 2007.
Amended by
L.N. 225 of 2008;
L.N. 348 of 2009.
Substituted by
L.N. 322 of 2010;
LVI.2020.20.
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)
Article 15
4,660
4,190
Article 16
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
BROADCASTING
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
BROADCASTING
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 -
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
BROADCASTING
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 - S.L. 350.18
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 -
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 - S.L. 350.26
1,160
Requirements as to Standards and Practice applicable to the
- 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
BROADCASTING
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 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 (Amendment) Act,
2020.
(1) Where the Chief Executive is temporarily absent from
Malta or otherwise is temporarily incapacitated from performing
the functions of his office, the Authority may appoint a person to
act as Chief Executive during such period of absence or incapacity.
(2) A person appointed under the preceding sub-article may
exercise all the powers conferred on the Chief Executive from the
date of his appointment.
(3) The person appointed in accordance with sub-article (1)
shall not be a person who is disqualified from holding the office of
member of the Authority.
The Authority shall pay to each of its members in respect
of their office as such, out of funds made available to the Authority
under article 24, such remuneration as the President on the advice
of the Prime Minister may from time to time determine.
(1) The meetings of the Authority shall be called by the
Chairman, either on his own initiative or at the request of any two
of the other members.
(2) The Authority may act notwithstanding any vacancy among
its members.
(3) The quorum of the Authority shall consist of half its
members.
(4) The Chairman shall have an original vote and, in the event
of an equality of votes, a casting vote; in the absence of the
chairman the other members of the board shall appoint one of their
number to preside over the meeting; such member shall for such
meeting have the same rights as the chairman.
(5) A member of the Authority who is in any way directly or
indirectly interested in a contract made or proposed to be made by
the Authority shall, as soon as possible after the relevant
circumstances have come to his knowledge, disclose the nature of
his interest at the first meeting of the Authority after the relevant
facts have come to his knowledge.
(6) Any disclosure made under sub-article (5) shall be recorded
in the minutes of the Authority, and the member-
(a) shall not take part after the disclosure in any
deliberation or decision of the Authority with respect
to that contract; and
(b) shall be disregarded for the purpose of constituting a
quorum of the Authority for any such deliberation or
decision.
(7) Subject to the provisions of the Constitution and of this
Act, the Authority may regulate its own proceedings.
(8) No member of the Authority shall regularly take part in
broadcasting.
(9) No member of the Authority shall be a shareholder in any
broadcasting operator, licensee or contractor, nor may he be
involved in the management of any broadcasting service.
(10) The provisions of sub-articles (5) to (9) shall apply to the
Chief Executive as if reference therein to members included
references to the Chief Executive.
Subject to the provisions of the Constitution and of any
other enactment applicable thereto, the Authority may appoint a
secretary and such other officers and employees as it may deem
necessary. The terms and conditions of employment of such staff,
and of the Chief Executive, shall be comparable with those of
employees in the service of the Government and shall be
established by the Authority with the concurrence of the Prime
Minister
Provided that nothing in this article shall be construed as
precluding the establishment, by the Authority with the approval of
the Prime Minister given after consultation with the Minister
responsible for finance, of schemes of incentives related to
productivity or performance.
PART III
Radio and Television Broadcasting Licences
(1) Except as provided in this Act, freedom to broadcast
and to receive broadcasts is guaranteed.
(2) No person may provide sound or television broadcasting
services in Malta for Malta or any part thereof without the licence
in writing of the Authority, nor may any person retransmit sound or
television broadcasting services from Malta to any foreign state
without the licence in writing of the Authority.
(3) Subject to the provisions of this Act, a broadcasting licence
granted und er this art icle may b e issued u nder such terms,
conditions and limitations as the Authority may deem fit.
(4) Licences may be of particular classes or description and
shall in particular include licenses for
(a) nationwide television services;
(b) nationwide radio services;
(c) community radio services;
(d) satellite radio services;
(e) satellite television services;
(f)
such other services which may be broadcast or
provided on or by an electronic communications
network as defined in article 2 of the Electronic
Communications (Regulation) Act as the Authority
may by regulations prescribe.
(4A) In so far as nationwide television services are concerned,
the Authority may issue the following categories of television
broadcasting licences
(a) a general interest broadcast content licence issued to
any broadcaster other than the company referred to in
BROADCASTING
sub-article (4C);
(b) a commercial broadcast content licence issued to any
broadcaster;
(c) a parliamentary broadcast content licence issued to the
Speaker of the House of Representatives.
(4B) The Authority may make regulations to give better effect to
the provisions of sub-articles (4) and (4A) and may, without
prejudice to the generality of the foregoing, make regulations in
respect of the application process for all services and applications
for licences, including establishing the applicable application and
licence fees therefor and to establish evaluation criteria therefor.
(4C) Stations owned or controlled by the Government company
referred to in sub-article (4D) or for which the said company is
editorially responsible shall be licensed by the Minister. For the
purposes of enabling the Authority to carry out its regulatory duties
in terms of law, the Minister shall, as soon as possible from the date
of issue of any licence to the aforesaid Government company,
notify in writing to the Authority a copy of such licence. The
provisions of article 119 of the Constitution of Malta, this Act and
all subsidiary legislation made thereunder shall continue to apply
to such licensee.
(4D) The Government may, through a company designated by
the Minister by an order in the Gazette, as a company providing
public broadcasting services, own, control or be editorially
responsible for nationwide television and radio services mentioned
in sub-article (4C)
Provided that the Government may not own any
broadcasting services or participate in their ownership, control or
be editorially responsible for any such services other than through
s u c h c o m p a n y, a n d t h a t n o o t h e r c o m p a n y i n w h i c h t h e
Government has a controlling interest may own voting shares in a
company providing any broadcasting services.
(4E) The following terms are defined as follows
"general interest objective service" means a television
broadcasting service which takes on the obligation of broadcasting
a specified quantum of programmes which are of general interest
and which are considered by the National Broadcasting Policy as in
force from time to time to be part of the remit of a public service
broadcasting service. A general interest objective service may be
either a generalist service or a niche service;
"niche service" means a television broadcasting service which
predominantly transmits programmes of a limited number of genres
of a specialist subject matter;
"generalist service" means a television broadcasting service
which transmits a wide range of programme genre; and
"commercial television broadcasting service" means a television
broadcasting service that is either a generalist service or a niche
service and that is not subject to the obligations of a general
interest objective service;
"parliamentary broadcast content licence" means a licence to
b r o a d c a s t p l e n a r y a n d c o m m i t te e s e s s i on s o f t h e H o us e o f
R e p r e se n t a t i v e s a n d a n y o t h e r a c t i v i t y t a k i n g p l a c e i n t h e
Parliament building organised by or in conjunction with the Office
o f t h e S p e a k e r, t h r o u g h a n a t i o n w i d e r a d i o s e r v i c e a n d o r
nationwide television service.
(5) A licence for any broadcasting service may only be
awarded to a company regularly incorporated in Malta in
accordance with the Companies Act
Provided that
(a) a parliamentary broadcast content licence may only be
awarded to the Speaker of the House of
Representatives; and
(b) licences for community radio services may also be
awarded to individuals who are ordinarily resident in
Malta.
(6) Subject to the provisions of sub-article (2) and without
prejudice to the provisions of sub-article (4D), the same
organisation, person or company may concurrently own, control or
be editorially responsible for more than one nationwide radio
service and one nationwide television service, provided that
(a) only one nationwide radio service may be licensed on
the FM frequency to the same organization, person or
company;
(b) not more than two generalist nationwide television
services may be licensed to the same organization,
person or company;
(c) the same organisation, person or company may not
own, control or be editorially responsible for more
than one nationwide radio or television service
predominantly transmitting news and current affairs.
(6A) The same organisation, person or company may not own,
control or be editorially responsible for more than one community
radio service and any organisation which owns, controls or is
e di t o r ia l ly r e s po n s i b le fo r a n a t i o nw i d e r a d i o s e r v ic e o r a
nationwide television service or such other service as mentioned in
sub-article (4)(d) may not own, control or be editorially responsible
for a community radio service.
(6B) Where an electronic communications network operator
does not broadcast any programme content on a particular station
for such period of time as the Authority shall determine, then,
notwithstanding the provisions of this Act, no amount of
transmission time may be devoted to teleshopping spots,
advertising spots and other forms of advertising on that station. It
shall be the duty of the said network operator to provide the
Authority with programme schedules at reasonable intervals that
the Authority may determine to enable it beforehand to exercise its
powers under this sub-article.
(6C) Repealed by Act XVI.2018. Fourth Schedule .
BROADCASTING
(6D) Local councils established under the Local Government Act
may not, in terms of article 77 of the Local Government Act, own,
control or be editorially responsible for any broadcasting service,
including any community radio service.
(6E) For the purpose of this article the simultaneous
transmission of the same broadcasting service on different media
shall be considered as one broadcasting service.
(7) Where the licensee is a partnership no person may act as a
director of such partnership unless he is qualified in terms of the
Media and Defamation Act to be an editor of a newspaper.
(8) The licensee of a community radio service shall before the
15th January of each calendar year declare in writing to the
Authority his intention to carry on providing broadcasting services
on the frequency specified in his licence for another year.
(9) Licences for the services referred to in sub-article (1) shall
include the conditions listed in the First Schedule to this Act
Provided that community radio services shall be subject to
the minimum of regulation consistent with the public interest and
that such services shall be subject to conditions which, taken
together, are less onerous than those provided for nationwide radio
services.
(10) Without prejudice to the generality of the foregoing, a
licence may in particular be subject to limitations regarding the
maximum time, the minimum time, or both the maximum and the
minimum time, which is to be given each day to broadcasts by the
licensee, and as to the hours of the day in which such broadcasts are
or are not to be made, and it shall be the duty of the licensee to
comply with such limitations or other conditions.
(11) On the breach of any terms, conditions or limitations
attached to a broadcasting licence, the persons committing such
breach shall be guilty of an offence against this Act.
(12) A broadcasting licence unless previously revoked by the
Authority, shall continue in force for such period as may be
specified in the licence, provided that such period shall not exceed
eight years
Provided that a licensee may not earlier than one year before
the expiration of a licence apply for a further licence, which licence
shall not be unreasonably refused.
(1) When issuing broadcasting licences, the Authority
shall be guided by the following considerations -
(a) that the principles of freedom of expression and
pluralism shall be the basic principles that regulate the
provision of broadcasting services in Malta;
(b) that a diverse system of public and private stations
with their own particular character, would be the best
system for the realisation of the basic principles above
referred to;
(c) that private broadcasting services shall be allowed to
BROADCASTING
operate in such a way so as to ensure a distribution of
programming that appeals to general as well as
specific and various interests. The Minister shall
prepare and publish Government’s broadcasting policy
and update it from time to time;
(d) that no situation of monopoly or similar situation of a
small group of persons or in favour of any station or
group of stations should be allowed; and
(e) that in granting licences to different persons, it shall
also take into account the possibility of broadcasting
by satellite, cable, digital terrestrial television, digital
radio or through such other electronic communications
networks as may be possible from time to time.
(1A) The Minister may, in conjunction with the Minister
responsible for wireless telegraphy, from time to time, amend or
substitute the Second Schedule to this Act.
(2)
The Authority shall specifically consider
(a) that criteria for the assessment of applications for
licences shall include
(i)
economic potential and viability,
(ii)
quality of scheduled programming, and
(iii)
technological and broadcasting plans
and
projects;
(b) that a licensee should be able to fulfil all his
obligations under this Act and to secure compliance
with all directives of the Authority as the Authority
may deem necessary or expedient for the proper
exercise of the functions described in article 119 of the
Constitution.
(3) An applicant whose application has been refused by the
Authority and who feels that the Authority has not acted in
conformity with the rules of natural justice, or that it has acted in a
manner which is grossly unreasonable or with undue
discrimination, or whose application has been pending for at least
four months, may appeal against such decision or delay to the Court
of Appeal in accordance with the procedures laid down in article 16
(5), (6), (7), (9) and (10).
The Authority shall, subject to the provisions of this Act,
also have the power to do all such things as are in its opinion
necessary for or conducive to the proper discharge of its right under
article 3(2) and, in particular, it shall for the purpose of discharging
that right, have power, if it so chooses -
(a) to establish, install and use stations for the provision
of broadcasting services;
(b) to arrange for the provision and equipment of, or, if
need be, itself provide and equip studios and other
premises of television and sound broadcasting
purposes;
BROADCASTING
(c) collect and diffuse news and information in Malta and
from any part of the world; and
(d) to advance the skills of persons in broadcasting by
providing or assisting others to provide facilities for
training, education and research.
(1) It shall be the duty of the Authority to discharge its
functions under this Act as respects the licensing of the services
referred to in article 3(1) in the manner which it considers is best
calculated to ensure that a wide range of such services is available
throughout Malta.
(2) In so far as general interest broadcasting services are
concerned and where the Authority allows news and current affairs
programmes to be broadcast by such services, it shall be the duty of
the Authority to satisfy itself that, so far as possible, the
programmes broadcast by any general interest broadcasting service
complies with all or any of the following requirements as the
Authority may impose in the broadcasting licence, that is to say -
(a) that nothing is included in the programmes which
offends against religious sentiment, good taste or
decency or is likely to encourage or incite to crime or
to lead to disorder or to be offensive to public feeling;
(b) that all news given in the programmes (in whatever
form) is presented with due accuracy;
(c) that sufficient time is given to news and current affairs
and that all news given in the programmes (in
whatever form) is presented with due impartiality;
(d) that proper proportions of the recorded and other
matter included in the programmes are in the Maltese
language and reflect Maltese cultural identity;
(e) that the programmes broadcast contain a substantial
proportion of matter closely designed to appeal to the
interest, tastes and outlook of the general public; and
(f)
that due impartiality is preserved in respect of matters
of political or industrial controversy or relating to
current public policy
Provided that, except in the case of public broadcasting
services, in applying paragraphs (c) to (f), the Authority shall be
able to consider the general output of programmes provided by the
various broadcasting licensees and contractors, together as a whole
Provided further that the Authority may, when granting a
broadcasting licence for a commercial station, impose any of the
requirements mentioned in paragraphs (a) to (f) in the said licence.
(3) The Authority shall ensure that, for the continued operation
of the licence of a community radio service, the views and
expressions of the licensee or of particular persons or bodies, on
religious matters or on matters which are of political or industrial
controversy or relate to current public policy do not predominate.
(4)
It shall also be the duty of the Authority to organise from
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time to time schemes of political broadcasts (including political
spots) which fairly apportion facilities and time between the
different political parties represented in Parliament; to produce
properly balanced discussions or debates that afford access to
persons from different interest-groups and with different points of
view, and also to produce commentaries or other programmes about
questions relating to current public policy, wherein persons taking
part can put forward differing views and comments.
(5) In order to fulfil its duty under sub-article (4), the Authority
shall in addition to all its other powers, have the right to order any
person or all persons providing broadcasting services in Malta for
reception in Malta to provide, free of charge, such recording and
other facilities as may be necessary for the production of the said
programmes for radio and television, as well as to transmit, free of
charge, on such days and at such times as the Authority shall direct,
the same programmes
Provided that the powers of the Authority under this sub-
article may only be exercised in so far as that exercise is reasonably
justifiable in a democratic society.
(1) On the issue and renewal of a broadcasting licence,
and, where the regulations under this Act so provide, at such times
thereafter as may be prescribed by the regulations, there shall be
paid by the persons applying for such issue or renewal such sums as
may be prescribed by regulations, and different provision may be
made in such regulations in relation to different licences, according
to the nature, terms, conditions, limitations and duration thereof
Provided that the regulations made may contain provisions
authorising, in such cases as are not otherwise dealt with by the
regulations, the charge of such sums, whether on the issue or
renewal of the licence or subsequently, as in the particular case
appear to the Authority to be proper and justified.
(2) The contracts between the Authority and broadcasting
contractors as may be appointed under article 3 shall provide for
payments by the broadcasting contractors to the Authority, as the
Authority may regard as necessary in order to discharge its duties
under this Act in relation to the broadcasting contractors in
question.
It shall be lawful for the Authority to give to any person
providing, or responsible for the provision of, any sound or
television broadcasting service in Malta, such directions in writing
as the Authority may deem necessary or expedient for the proper
e x e r c i s e o f t h e f u n c t i o n s d e s c r i b e d i n a r t i c l e 11 9 o f t h e
Constitution and for the proper discharge of any other duty or
function referred to in this Act, including directions not to
broadcast, or to broadcast, or to cause the broadcasting of, or
containing conditions as to the broadcasting of, any matter referred
to in the aforesaid provisions of the Constitution and of this Act,
and including directions requiring the provision in advance of
scripts and particulars of programmes, the provision of recordings
of programmes and the provision of such other information as the
BROADCASTING
Authority may reasonably require for the purposes aforesaid.
(1) The following acts may not be carried out without the
previous consent in writing of the Authority, which shall not be
unreasonably withheld
(i) the assignment of a broadcasting licence;
(ii) the transfer of shares in a company holding a
broadcasting licence;
(iii) the transfer of the effective control of a company
holding a broadcasting licence;
(iv) the transfer of managerial control of a
broadcasting station by a broadcasting licensee
to another person;
(v) the transfer of the beneficial ownership of a
company holding a broadcasting licence;
(vi) the merger of companies holding a broadcasting
licence
Provided that the provisions of this sub-article shall not
apply to a general interest broadcast content licence and it shall not
be permissible for the Authority to authorise any of the measures
mentioned in paragraphs (i) to (vi)
Provided further that prior to the Authority authorising any of
the measures referred to in paragraphs (i) to (vi), it shall assess the
effects of the proposed actions on competition, consumer choice, and
the overall plurality of viewpoints in the media landscape and it shall
take such assessment into consideration in deciding to grant or to
withold its consent.
(2) The Authority may require from time to time from
broadcasting licensees or contractors such declarations, returns,
accounts, documents and other information as the Authority may
consider necessary or advisable for the purpose of ensuring that the
requirements of this Act are complied with.
(3) Every licence issued by the Authority as well as every
contract between the Authority and a broadcasting contractor shall
contain all such provisions as the Authority thinks necessary or
expedient for com plying and securing compliance with the
provisions of this Act. The First Schedule shall apply to such
licence and contract aforesaid.
(4) Without prejudice to the provisions of sub-article (3), every
licence issued by the Authority as well as every contract between
the Authority and a broadcasting contractor shall contain a
provision reserving to the Authority the right, in view of any
b r e a c h e s b y t h e b r o a d c a s t i n g l i c e n se e o r c o n t r a c t o r o f h i s
obligations with the Authority, to serve on the broadcasting
licensee or contractor, a notice in writing, taking effect forthwith or
on a date stated in the notice to determine the licence or contract, or
to suspend the operation of the licence or of the contract, as the
case may be, for such period as may be specified in the notice or
until a further notice is given.
(5)
Any broadcasting licensee who feels aggrieved by a
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decision of the Authority to suspend or determine his licence in
terms of sub-article (4), may appeal against such decision, to the
Court of Appeal by an application filed within fifteen days from the
date of service upon him of the decision of the Authority.
(6) Where an application is filed within the time limited by
sub-article (5), a copy thereof is also to be served on the Authority
which shall within fifteen days of such service file a reply in
justification of its decision.
(7) The Court of Appeal shall on the lapse of the time stated in
the immediately preceding sub-article fix a date for the hearing of
the appeal, which shall be disposed of with urgency.
(8) The Court of Appeal may on the application of the
appellant order the suspension of the decision of the Authority
pending the appeal.
(9)
(a) The Board established under article 29 of the Code of
Organization and Civil Procedure may make rules
concerning appeals to the Court of Appeal under this
article.
(b) The Minister responsible for justice may by regulations
under this paragraph establish the fees payable in the
registry of the Court relative to the filing of judicial
acts in connection with appeals under this article
Provided that until such fees are so established, the fees
contained in Schedule A to the Code of Organization and Civil
Procedure shall apply.
(10) Where no valid appeal has been lodged within the time
limited by sub-article (5), or where the appeal has been withdrawn
or discontinued, or where the matter has been determined by the
Court of Appeal, the decision as regards suspension or determining
of the broadcasting licence in question shall be final and conclusive
for all purposes of this Act.
(Deleted by Act VIII. 2011.6.)
(1) The Authority is hereby entrusted with licensing
broadcasting content on digital radio services.
(2) The Prime Minister may, following agreement with the
Authority, make regulations to give better effect to the provisions
of this article and may, without prejudice to the generality of the
foregoing, prescribe
(a) the method of application, including the forms, to be
used in an application for a digital radio broadcasting
licence;
(b) the information of a technical nature or otherwise to be
BROADCASTING
supplied with each application;
(c) the conditions under which a digital radio broadcasting
licence may be issued, as well as the conditions under
which it can be amended, altered, suspended or
revoked;
(d) the conditions under which any installation, apparatus
or other property of a digital radio broadcasting
licensee, shall be installed, operated, maintained,
protected, controlled, or in any way safeguarded and
the prohibition of the use of any dangerous
installation, apparatus or fittings;
(e) any tariff of prices, fees and charges which may be or
are required to be prescribed by or under the
provisions made thereunder and the time, place and
manner for the payment of such prices, fees or charges
and the mode of collection and disposal thereof;
(f)
the period for which a digital radio broadcasting
licence shall remain operative;
(g) the conditions under which any persons holding a
digital radio broadcasting licence under this article
shall operate digital radio broadcasting service;
(h) the qualifications to be possessed by persons before
they may be entrusted with the construction, repair,
alteration or control of any apparatus or installation to
be availed of by any digital radio broadcasting
contractor or licensee, and the nature of the tests to be
employed for ascertaining whether persons possess
such qualifications;
(i)
the measures to be taken and the fittings to be supplied
and used in connection with installations in order to
secure public safety and private safety;
(j)
the means to be adopted, whether by prohibition or
otherwise, to prevent or abate any danger, damage or
nuisance likely to arise or arising from the working of
any installations or apparatus used by a digital radio
broadcasting contractor or licensee;
and any other matter which the Prime Minister and the Authority
consider necessary or expedient for the better carrying out of the
provisions of this Act for securing the safety of the public, or for
giving effect to, and securing compliance with, any or all of the
directives or codes which may be issued by the Authority by virtue
of this Act, or in general for ensuring adequate digital radio
broadcasting services or the proper monitoring and supervision of
such services in Malta.
PART IIIA
Satellite Radio and Television Programme Content Services
BROADCASTING
(1) All satellite radio and television programme content
services shall be licensed by the Broadcasting Authority in terms of
this Part of this Act.
(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 sub-article (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 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
BROADCASTING
may determine.
(3) In its application in relation to a licence to provide a
satellite content service, article 41 and the Fifth Schedule 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 shall
instead be of a maximum of three hundred thousand euro
(€300,000).
The Prime Minister may, following agreement 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 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
"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;;
"holder" means the person to whom a satellite content service
licence has been granted by the Authority;
"programmes" includes advertisements, teleshopping and
programme promotions.
PART III B
Provisions Applicable to Radio and to All Audiovisual Media
Service Providers
In this Part, unless the context otherwise requires
"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;
"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
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(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;"broadcaster"
means a media service provider of either radio or
television broadcasts, or of both;
"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;
"editorial responsibility" means the exercise of effective control
both over the selection of the programmes and over their
organisation either in a chronological schedule, in the case of
television broadcasts, or in a catalogue, in the case of on-demand
audiovisual media services. Editorial responsibility does not
necessarily imply any legal liability under national law for the
content or the services provided;
"European Union" shall have the same meaning assigned to it by
article 2 of the European Union Act;
"media literacy" refers to skills, knowledge and understanding that
allow citizens to use media effectively and safely;
"media service provider" means the natural or legal person who
has editorial responsibility for the choice of the audiovisual content
of an audiovisual media service and determines the manner in which
it is organised;
"Member State" means a Member State of the European Union;
"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;
"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;
"product placement" means any form of audiovisual commercial
communication consisting of the inclusion of or reference to a
product, a service or the trade mark thereof so that it is featured
within a programme or a user-generated video, in return for payment
or for similar consideration;
"programme" means a set of moving images with or without sound,
or sound, with or without moving images, constituting a single item,
irrespective of its length, within a schedule or a catalogue established
by a media service provider;
"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
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with a view to promoting their name, trademark, image, activities or
products;
"surreptitious audiovisual commercial communication" means
the representation in words or pictures of goods, services, the
name, the trade mark or the activities of a producer of goods or a
provider of services in programmes when such representation is
intended by the media service provider to serve as advertising and
might mislead the public as to its nature. Such representation shall,
in particular, be considered as intentional if it is done in return for
payment or for similar consideration;
"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;
"the Treaty" shall have the same meaning assigned to it by article
2 of the European Union Act;
"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.
(1) The Authority shall ensure that all audiovisual media
services transmitted by media service providers falling under the
jurisdiction of Malta shall comply with the provisions of this Act
and of any subsidiary legislation made thereunder applicable to
audiovisual media services intended for the public in Malta.
(2) For the purposes of this Act, the media service providers
under the jurisdiction of Malta shall be those providers
(a) who are established in Malta in accordance with sub-
article (3); or
(b) to whom sub-article (4) applies.
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(3) For the purposes of this Act, a media service provider shall
be deemed to be established in Malta
(a) if the media service provider has its head office in
Malta and the editorial decisions about the audiovisual
media service are taken in Malta;
(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;
(c) if a media service provider has its head office in Malta
but decisions on the audiovisual media service are
taken in a third country, or vice-versa, it shall be
deemed to be established in Malta, provided that a
significant part of the workforce involved in the
pursuit of the audiovisual media service activity
operates in Malta.
(4) Media service providers to whom the provisions of sub-
article (3) are not applicable shall be deemed to be under the
jurisdiction of a Member State in the following cases
(a) if they use a satellite up-link situated in Malta;
(b) although they do not use a satellite up-link situated in
Malta, if they use satellite capacity appertaining to that
Member State.
(5) If the question as to which Member State has jurisdiction
cannot be determined in accordance with sub-articles (3) and (4),
the competent Member State shall be that in which the media
service provider is established within the meaning of articles 49 to
54 of the Treaty.
(6) The provisions of articles 16G to 16P shall not apply to
audiovisual media services intended exclusively for reception in
third countries and which are not received with standard consumer
equipment directly or indirectly by the public in Malta.
(7) Media service providers shall inform the Authority about any
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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.
(1) Except as provided in this Act
(a) freedom of reception is guaranteed; and
(b) freedom of retransmission in Malta of audiovisual
media services from other Member States for reasons
which fall within the fields coordinated by the
Directive is guaranteed.
(2) The Minister may make regulations to derogate from the
pro vi si on s of s ub -a r ticl e ( 1) wh ic h are con si s te nt w ith th e
provisions of the Directive provided that the conditions mentioned
in article 2a of the Directive are fulfilled.
(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
A ut h o r i t y i n f o r m a t i o n c o n c e r n i ng i t s o wn e r s h ip s t r u c t u r e ,
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.
(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.
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(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 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 commercial purposes, without the explicit consent of the
media service provider
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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.
(1) Audiovisual commercial communications provided
by media service providers shall comply with the following
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
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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.
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(1) Audiovisual media services or programmes that are
sponsored shall meet the following requirements
(a) their content and, in the case of television
broadcasting, their scheduling shall in 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) viewers shall be clearly informed of the existence of a
sponsorship agreement. Sponsored programmes shall
be clearly identified as such by the name, logo and, or
any other symbol of the sponsor such as a reference to
any of its products or services or a distinctive sign
thereof in an appropriate way for programmes at the
beginning, during and, or the end of the programmes.
(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.
(3) The sponsorship of audiovisual media services or
programmes by undertakings whose activities include the
manufacture or sale of medicinal products and medical treatment
may promote the name or the image of the undertaking, but shall
not promote specific medicinal products or medical treatments
available only on prescription in the Member State within whose
jurisdiction the media service provider falls.
(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.
(5) The showing of a sponsorship logo during children’s
programmes, documentaries and religious programmes shall be
prohibited.
(1) This article shall apply only to programmes produced
after 19 December 2009.
(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
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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 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.
(1) The Minister, in consultation with 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,
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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.
(1)
(1)
Providers of on-demand 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.
(1) A provider of media services who intends to provide
an on-demand audiovisual media service shall, before doing so,
notify the 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
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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
A u t h o r i t y m a y, i n c i r c u m s t a n c e s w h i c h i t c o n s i d e r s t o b e
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.
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Compliance with any notification made in terms of article
16O enabling a person to provide an on-demand audiovisual media
service shall not relieve such a person from any requirement at law
to apply for any other authorisation, licence or permit however so
described, or from any obligation arising from this or any other
law.
The media service providers, video-sharing platform
service providers or organisations representing them, in
cooperation, 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.
Part III C –
Provisions Applicable for Video-Sharing Platform Services
(1)
A video-sharing platform provider established in the
territory of Malta within the meaning of article 8A and the other
provisions of 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.
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.
(3)
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
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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 established or, in the absence
of such an establishment, in the Member State where the other
undertaking of the group is established.
(4)
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.
(5)
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).
(6)
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.
(7)
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.
(1)
Without prejudice to articles 19, 20, 21 and 22 of the
Electronic Commerce Act and Articles 12 to 15 of Directive 2000/31/
EC, video-sharing platform providers under the jurisdiction of Malta
shall take the necessary measures to protect
(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;
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(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
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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
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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.
PART IV
Relations between the Minister responsible for Wireless
Telegraphy and the Authority
In this Part -
"Minister" means the Minister responsible for communications;
and
"broadcasting frequencies" means particular frequencies for the
transmission of radio, television and other signals, emitted from
p a r t i c u l a r so u r c e s a t p a r t i c u l a r s t r e n g th s a nd i n p a r t i c u l a r
directions.
(1) The Minister may, by notice assign to the Authority,
for the purpose of the provision of services to be provided, licensed
or contracted by it under this Act, such broadcasting frequencies as
he may determine; and any frequency so assigned shall be taken to
be so assigned for the purpose only of being used for the provision
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of those services
Provided that after assigning a broadcasting frequency in
accordance with this sub-article the Minister may vary from time to
time the conditions regarding the use of that frequency by the
holder of the broadcasting licence after the Minister has heard the
submissions of the said licensee about the proposal for variation. A
decision of the Minister taken in terms of this proviso shall -
(a) come into force after the said licensee is granted
reasonable notice of the date of entry into force of the
decision;
(b) comply with the proportionality principle and is not
taken in a discriminatory manner;
(c) be in writing;
(d) include the reasons upon which it is based; and
(e) be notified to the holder of the licence and published
in the Gazette.
(2) Any frequency assigned by the Minister under sub-article
(1) may be so assigned for use only in such area or areas as may be
specified by the Minister when making the assignment.
(3) In the grant of radio and television broadcasting licences
the Authority shall except where such broadcasts are to be
t r a ns m i tt e d e x c l u s i v e l y by w i r e , i n d ic a t e th e b r o a dc a s ti n g
frequency to be used by the licensee, and it shall be the duty of the
licensee, to limit his broadcasts to such broadcasting frequency.
The Authority shall, in conjunction with the Minister, impose such
conditions as it deems fit with regard to the apparatus to be used by
the licensee and the manner in which such equipment is to be used
by the licensee and the licensee shall abide by such conditions.
(4) The Authority shall ensure that the licensee limits his
transmissions to the broadcasting frequency indicated in the licence
and that he observes such conditions as may be imposed upon him
in virtue of sub-article (3).
(5) The Minister shall give the Authority such technical
assistance as it may reasonably require in fulfilment of its duties
under this Act, against such payment as may from time to time be
agreed to between the Minister and the Authority.
(6) Notwithstanding the provisions of sub-articles (1) to (5),
the following provisions shall apply to nationwide television
services
(a) in the case of an applicant for a nationwide
commercial broadcast television service, he shall
inform
the Authority on which electronic
communications network the service will be carried. In
doing so, the said applicant shall inform the Authority
of the details of the network operator and the specific
frequency on which the said service shall be
transmitted;
(b) in the case of the public service broadcaster and of
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general interest objective television broadcasting
services, transmission capacity shall, subject to such
conditions as may be applicable to the use of such
transmission capacity, be allotted by the Authority on
the general interest objective network referred to in
article 40(1).
PART V
Codes
(1) Advertisements shall only be allowed to be inserted in
the programmes broadcast by licensees and contractors of the
Authority as long as the provisions of this Act are complied with in
relation thereto. Other persons providing broadcasting services in
Malta shall be allowed to include advertisements and sponsorships
only if the Minister, after consultation with the Minister for
Wireless Telegraphy, has given directions to the Authority to that
effect by notice in writing, stipulating in such notice which sub-
articles if any, or parts thereof, of this article shall have effect for
such other persons.
(2)
(a) It shall be the duty of the Authority subject to sub-
a r t i c l e (1 ), t o s e c u r e t h a t t h e p r o v i s i o n s o f t h e
A d v e r t i s i n g a n d S p o n s o r sh i p C o d e i n t h e T h i r d
Schedule to this Act are complied with.
(b) The Authority may, in conjunction with the Minister,
from time to time amend, or substitute the Third
Schedule to this Act.
(3) The Authority may, in the discharge of its general
responsibility for advertisements and methods of advertising,
i m p o s e r e q u i r e m e n t s a s t o a d v e r t i se m e n t s a n d m e t h o d s o f
advertising which go beyond the requirements imposed by the code
under this article.
(4) The methods of control exercisable by the Authority for the
purpose of securing that the provisions of the code under this
a r t i c l e ar e c o m p l i e d w i th , a n d f or t h e p u r p o s e o f se c u r i n g
compliance with requirements imposed under sub-article (3) which
go beyond the requirements of the code, shall include a power to
give directions to any person providing broadcasting services in
Malta with respect to the classes and descriptions of advertisements
and methods of advertising to be excluded, or to be excluded in
particular circumstances, or with respect to the exclusion of a
particular advertisement, or its exclusion in particular
circumstances.
(5) The Authority may give directions to any person providing
broadcasting services in Malta with respect to the time when
advertisements are to be allowed.
(6) Subject to sub-articles (7), (8) and (9), nothing shall be
included in any programmes broadcast by the Authority or by any
other person providing broadcasting services in Malta, whether in
an advertisement or not, which states, suggests or implies (or could
reasonably be taken to state, suggest or imply) that any part of any
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programme broadcast by the Authority or any other person
providing broadcasting services in Malta, as the case may be,
which is not an advertisement has been supplied or suggested by
any advertiser; and, except as an advertisement, nothing shall be
included in any programme broadcast by the Authority or by any
other person providing broadcasting services in Malta, which could
reasonably be supposed to have been included in the programme in
return for payment or other valuable consideration to the relevant
person providing broadcasting services in Malta.
(7)
(Deleted by Act IV. 2010.6.).
(8) Nothing in sub-article (6) shall be construed as prohibiting
the inclusion of any of the following matters in any part of a
programme broadcast by the Authority or by any person providing
broadcasting services in Malta, which is not an advertisement,
namely -
(a) items designed to give publicity to the needs or objects
of any association or organisation conducted for
charitable or benevolent purposes;
(b) reviews of literary, artistic or other publications or
productions, including current entertainments;
(c) items consisting of factual portrayals of doings,
happenings, places or things, being items which in the
opinion of the Authority are proper for inclusion by
reason of their intrinsic interest or instructiveness and
do not constitute an undue element of advertisement;
(d) announcements of the place of any performance
included in the programme, or of the name and
description of the persons concerned as performers or
otherwise in any such performance, announcements of
the number and description of any record so included,
and acknowledgments of any permission granted in
respect of any such performance, persons or record;
and
(e) such other matters, if any, as may be prescribed by
regulations made by the Authority in conjunction with
the Minister.
(9) Nothing in sub-article (6) shall be construed as prohibiting
the inclusion of an advertisement in any programme broadcast by
the Authority or by any person providing broadcasting services in
Malta, by reason only of the fact that it is related in subject-matter
to any part of that programme which is not an advertisement.
(10) In so far as sub-article (6) prohibits the inclusion in
programmes (other than advertisements) broadcast by the Authority
or by any person providing broadcasting services in Malta, of
anything which could reasonably be supposed to have been
included therein in return for payment or other valuable
consideration to the Authority or the relevant person providing
broadcasting services in Malta, that sub-article shall not apply to
any programme so broadcast as part of an educational broadcasting
service approved by the Authority.
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(11) Directions under this article may be, to any degree, either
general or specific and qualified or unqualified and directions
under sub-article (4) may, in particular, relate to -
(a) the greatest amount of time to be given
to
advertisements in any hour or other period,
(b) the minimum interval which must elapse between any
two periods given over to advertisements and the
number of such periods to be allowed in any
programme or item in a programme or in any hour or
day,
(c) the exclusion of advertisements from a specified
broadcast, and may make different provision for
different parts of the day, different days of the week,
different types of programmes or for other differing
circumstances
Provided that no such direction shall be given which is shown
not to be reasonably justifiable in a democratic society. In giving
such di rect io ns t he Aut horit y shall also b e guided by such
international instruments relating thereto, and to which Malta is a
party.
(12) Orders for the insertion of advertisements may be received
through advertising or other agents or direct from the advertiser,
but the Authority, broadcasting operators, licensees and contractors
shall not act as advertising agents.
(1) The Authority shall, in conjunction with the Minister
draw up, and from time to time review, a code giving guidance -
(a) as to the rules to be observed in regard to the showing
of violence, and in regard to the inclusion in sound
broadcasts of sounds suggestive of violence,
particularly when children and young persons may be
expected to be watching or listening to the
programmes; and
(b) as to such other matters concerning standards and
practice for programmes broadcast by the Authority or
by any person providing broadcasting services in
Malta, as the Authority may consider suitable for
inclusion in the code;
and, in considering what other matters ought to be included in the
code, the Authority shall have special regard to programmes
broadcast when children and young persons may be expected to be
watching or listening.
(2) The Authority shall secure that the provisions of the code
under this article are observed in relation to all programmes
broadcast by any person providing broadcasting services in Malta.
(3) The Authority may, in the discharge of its general
responsibility for programmes, impose requirements as to standards
and practice for such programmes which go beyond, or relate to
matters not covered by, the provisions of the code under this article.
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(4) The methods of control exercisable by the Authority for the
purpose of securing that the provisions of the code under this
article are observed, and for the purpose of securing compliance
with requirements imposed under sub-article (3) which go beyond,
or relate to matters not covered by, the code, shall include a power
to give directions to any person providing broadcasting services in
Malta imposing prohibitions or restrictions in respect of items of a
specified class or description or in respect a particular item.
(5) The provisions of this article shall not apply to
advertisements covered by the Advertising and Sponsorship Code
referred to in article 19.
(1) If and when the Authority considers it necessary or
expedient, it -
(a) may, in conjunction with the Minister, draw up, and
from time to time review, a code giving guidance as to
such matters concerning standards and practice for
teletext transmissions (including advertisements)
broadcast by the Authority or by any other person
providing broadcasting services in Malta, as the
Authority may consider suitable for inclusion in the
code; and
(b) shall secure that the provisions of the code are
observed in relation to all teletext transmissions
broadcast by the Authority or by any other person
providing broadcasting services in Malta.
(2) The Authority may, in the discharge of its general
responsibility to monitor and supervise all broadcasting services
provided in Malta, impose requirements as to standards and
practice for teletext transmissions broadcast by it or by any other
person providing broadcasting services in Malta, which go beyond,
or relate to matters not covered by, the provisions of the code.
(3)
The methods of control exercisable by the Authority -
(a) for the purpose of securing that the provisions of the
code are observed; and
(b) for the purpose of securing compliance with
requirements imposed under sub-article (2) which go
beyond, or relate to matters not covered by, the code,
shall include a power to give directions to any person providing
teletext services imposing prohibitions or restrictions as respects
items of a specified class or description or as respects a particular
item.
(4) For the purposes of this article, the term "teletext
transmissions" shall include electronic programme guides and radio
data systems.
(1) Affected third parties may apply to the Authority
seeking effective compliance by broadcasters with the provisions
of this Act.
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(2) The Authority shall draw up a Code for the investigation
and determination of complaints.
(3) Notwithstanding the provisions of any other law, the
Authority shall be entitled to provide a copy of any broadcast to
any person feeling aggrieved by the content of such broadcast.
Such copy shall be provided against payment of such reasonable
cost-based fee as the Authority may determine.
(4) The Authority may make regulations providing for the
procedure, time limit and fees for the granting of a copy of any
broadcast by a broadcasting station to any person feeling aggrieved
by the content of such broadcast.
The Authority shall publish in the Gazette all Codes made
in terms of this Part of this Act.
(1) It shall be the duty of the Authority to satisfy itself that
the programmes broadcast by the Authority or by any person
providing broadcasting services in Malta do not include, whether in
an advertisement or otherwise, any technical device which, by
using images of very brief duration or by any other means, exploits
the possibility of conveying a message to, or otherwise influencing
the minds of, members of an audience without their being aware, or
fully aware, of what has been done.
(2)
It is prohibited to broadcast coded messages.
(1)
Third parties wishing to complain to the Authority
about any accessibility issue as 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
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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.
PART VI
Programme Schedules
(1) Without prejudice to the generality of the provisions of
article 15, and in addition to all the powers vested in the Authority
in virtue of that article, in the case of programmes other than
advertisements, in the discharge of its duties under article 20, in
relation to both television and sound broadcasts, the Authority shall
examine the programme schedules to be submitted by all persons
providing broadcasting services in Malta, and for such purpose all
persons providing such services in Malta shall submit such
programme schedules to the Authority at such intervals and at such
times, as the Authority may direct
Provided that, other than with regard to sub-article (1), all
classes of radio and television broadcasting services, other than
those provided as part of public broadcasting services, shall be
exempt from the requirements of all the other sub-articles of this
article
Provided further that the Authority may exempt all or any
classes of broadcasting services, other than public broadcasting
services, from requirements of this article.
(2) Subject to sub-articles (1) and (6), no person providing
broadcasting services in Malta may transmit any programme unless
it forms part of a programme schedule approved in writing, in
advance, by the Authority, in accordance with this article.
(3)
A programme schedule -
(a) shall be drawn up in consultation with the Authority,
and
(b) shall be for a period to be determined by the Authority;
and the Authority may give to any person providing broadcasting
services in Malta such directions as appear to the Authority
expedient for the purpose of ensuring that the Authority will have
sufficient time to discharge its responsibilities in the consideration
of programme schedules.
(4) The Authority may give directions, which may be, to any
degree, either general or specific and qualified or unqualified -
(a) as to the exclusion of any item from a programme
schedule;
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(b) as to the inclusion in, or in a particular part of, a
programme schedule of an item, or items, of a
particular category; or
(c) as to the inclusion in a particular part of a programme
schedule of a particular item;
and the Authority shall not approve a programme schedule until it
is satisfied that it conforms with any directions given under this
article.
(5) Without prejudice to the Authority’s power to approve for
the purposes of this article a revised or amended version of a
programme schedule previously approved by it, the Authority may,
if it thinks fit so to do in view of any change of circumstances
occurring after a programme schedule has been approved by it,
permit any person providing broadcasting services in Malta to
make such alterations in that programme schedule as the Authority
may approve, being alterations proposed to it in any convenient
manner; and a programme schedule in which alterations have been
made by virtue of this sub-article shall, as so altered, be treated as
having been approved by the Authority in accordance with this
article.
(6) The Authority may give directions, which may be, to any
degree, either general or specific and conditional or unconditional,
authorising the making of alterations in any approved programme
schedule without prior reference to the Authority -
(a) where it is difficult or impracticable for the person
providing broadcasting services in Malta to
communicate with the Authority in the time available,
or
(b) in the event of a technical breakdown;
and the programmes contained in a programme schedule in which
alterations are made by virtue of this sub-article may be broadcast
by the relevant person providing broadcasting services in Malta
notwithstanding those alterations.
(7) The Authority’s approval under this article may be given
subject to such exception, reservations and qualifications as the
Authority thinks fit; and the Authority may at any time call for
further particulars of a programme schedule submitted to it, or of
any item in the programme schedule.
PART VII
Financial Provisions
(1) (a) The revenue of the Authority shall consist of -
(i)
such sums as Parliament shall each year
determine to be payable to the Authority;
(ii)
thirty per centum, or a percentage being not less
than fifteen per centum and not more than fifty
per centum which may by regulation be
stipulated by the Prime Minister in consultation
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with the Minister responsible for finance, of the
revenue accruing to the Government from
wireless and television licenees after deducting a
per centum in respect of expenditure reasonably
incurred for the collection thereof;
(iii)
the revenue accruing to the Authority from
broadcasting licences, as provided in article
14(1); and
(iv)
such sums as may from time to time be payable
to the Authority by a broadcasting contractor or
cable or other broadcasting operator as provided
in article 14(2) and article 3(3).
(b) The sum to be paid to the Authority in terms of
paragraph (a)(i) and (ii) shall not be less than five
hundred and eighty-two thousand and three hundred
and fifty euro (582,350) per year, and any sum payable
to the Authority in virtue of the said paragraphs shall
be a charge upon the Consolidated Fund.
(2) Sub-article (1) shall be without prejudice to the provisions
of article 118(8) of the Constitution.
(1) The revenue of the Authority may be applied for the
payment of -
(a) remuneration, allowances, salaries, wages, special
contributions, gratuities, pensions, and working
expenses; and
(b) all other expenses which the Authority may properly
incur in connection with the performance of its
functions under this Act.
(2) No expenditure shall be made or incurred by the Authority
that is not covered by its revenue, except as may be necessary for
t h e f u l f i l m e n t o f i t s f u n c t i o n s u n d e r a r t i c l e 11 9 (1 ) o f t h e
Constitution.
(3) Any excess of the revenue of the Authority for any financial
year over the total sums properly chargeable by the Authority to the
revenue account for that year shall be applied by the Authority, due
regard being had to the desirability of applying such moneys for the
further improvement and extension of broadcasting services in
Malta, in such manner as the Prime Minister, after consultation
with the Minister responsible for finance, and with the Authority,
may direct.
(4) Any direction given under the last preceding sub-article
may require the whole or any part of any such excess as aforesaid
to be paid into the Consolidated Fund.
Any funds of the Authority not immediately required to be
expended in the meeting of any obligations or the carrying out of
any functions of the Authority may be invested from time to time in
a reserve fund which is to be established by the Authority.
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(1) The Authority shall in every financial year cause to be
prepared, and shall not later than eight weeks before the end of
each such year adopt, estimates of the income and expenditure of
the Authority for the next following financial year.
(2) The estimates shall be made out in such form and shall
contain such information and such comparisons with previous years
as th e Pri me Minister, after consultati on with the Mini ster
responsible for finance, may require.
(3) A copy of the estimates of the Authority shall, upon their
adoption by the Authority, be sent forthwith by the Authority to the
Prime Minister.
(4) The Prime Minister shall, at the earliest opportunity, and
not later than the first sitting of the House of Representatives after
six weeks from the receipt of the copy of the estimates of the
Authority, cause such estimates to be laid before the House of
Representatives.
(5) The Authority’s estimates shall, as soon as practicable, be
published in the Government Gazette.
(6) All duties imposed by sub-articles (1) to (5) shall be without
prejudice to the provisions of article 118(8) of the Constitution.
(1) The Authority shall cause to be kept proper accounts
and other records in respect to its functions and shall prepare in
respect of each financial year a statement of accounts in such form
as the Prime Minister may direct, being a form which shall conform
with the best accounting standards.
(2) The accounts of the Authority shall be audited by an auditor
or auditors to be appointed by it and approved by the Prime
Minister
Provided that the Prime Minister may require the books and
accounts of the Authority to be audited or examined by the Auditor
General who shall for this purpose have power to carry out such
physical checking and other verifications as he may deem
necessary.
(3) Before the end of each financial year, the Prime Minister
shall cause to be laid on the Table of the House of Representatives,
together with the estimates referred to in article 27, a copy of the
statement of account and any financial report in respect of the
immediately preceding full year.
(1) All moneys of the Authority accruing from any
operations under this Act shall be paid into a bank or banks
appointed by resolution of the Authority and approved by the Prime
Minister. Such moneys shall, as far as practicable, be paid into the
bank from day to day, except such sum as the Authority may
authorise to be retained to meet petty disbursements and immediate
payments.
(2) All payments out of the funds of the Authority, shall be
made by such officer or officers of the Authority as the Authority
shall appoint or designate for that purpose.
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(3) Cheques against or withdrawals from any bank account of
the Authority shall be signed by such officer of the Authority as
may be designated by the Authority for that purpose and shall be
countersigned by the Chairman or such other member of the
Authority or other officer of the Authority as may be authorised by
the Authority for that purpose.
(1) The Authority shall, not later than the end of March of
each year make and transmit to the Prime Minister a report dealing
generally with the activities of the Authority during the previous
financial year and of its plans for subsequent years. The Prime
Minister shall as soon as possible lay a copy of that report on the
Table of the House.
(2) The report referred to in sub-article (1) shall include the
results of independent audience research which ascertains
(a) the state of listenership or viewership of broadcasting
services provided in Malta;
(b) the state of public opinion concerning programmes
included in broadcasting services provided in Malta;
(c) any effects of such programmes on the attitudes or
behaviour of those who watch them; and
(d) the types of programmes that members of the public
would like to be included in broadcasting services
provided in Malta.
(3) The report referred to in sub-article (1) shall, in the same or
in a different format as the Authority may deem necessary, be
published and made available to the general public, at a reasonable
charge, by the end of June of each year.
PART VIII
Contracts and Power to Acquire or Dispose of Property
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 Public Finance Management Act
regulating public contracts.
(1) Subject to the provisions of the last preceding article,
the Authority may, for the purpose of the due and efficient
discharge of its functions under this Act -
(a) purchase or otherwise acquire and hold any movable
property and dispose of any such property; and
(b) purchase or otherwise acquire and hold any lands or
other immovable property or interest therein and take
any such property on lease or any title whatsoever.
(2) The Authority may, with the written approval of the Prime
Minister, alienate any lands or other immovable property or any
interest therein, in whichever way acquired by the Authority, and
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may also, with the consent of the Prime Minister, grant a lease of
such lands or property for any period.
PART IX
Miscellaneous Provisions
The Authority may appoint, or designate any organ, as
advisory committees to give advice to the Authority and to any
person providing broadcasting services in Malta, on educational
and religious matters, on standards of conduct in the advertising of
goods or services, and on such other matters as the Authority may
determine.
(1) Without prejudice to all its other powers and functions
in accordance with the Constitution, and this Act, the Authority
shall have the power and duty to consider complaints of -
(a) unjust or unfair treatment in sound or television
programmes broadcast by any person providing
broadcasting services in Malta;
(b) unwarranted infringement of privacy in, or in
connection with the obtaining of material included in,
sound or television programmes so broadcast.
(2) For the purposes of this article, complaints are to be
su bm itt ed in writi ng by t he p erson affect ed o r b y a person
authorised by him to make the complaint for him.
(3)
For the purposes of this article -
"the person affected" -
(a) in relation to any unjust or unfair treatment as is
mentioned in sub-article (1), means a participant in the
programme in question who was the subject of that
treatment or a person who, whether such a participant
or not, had a direct interest in the subject-matter of that
treatment;
(b) in relation to any such unwarranted infringement of
privacy as is so mentioned, means a person whose
privacy was infringed;
and
"unjust or unfair treatment" includes treatment which is unjust or
u n f a i r b e c a u s e o f t h e w a y i n w h i ch m a t e r i a l i n c l u d e d i n a
programme had been selected or arranged.
(1) The Prime Minister, in conjunction with the Authority,
may make regulations to give better effect to the provisions of this
Act.
(2) Such regulations may repeal the provisions of the Fourth
Schedule
Provided that until such regulations are made in terms of
sub-article (1), the Fourth Schedule shall continue to apply.
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(1) The Prime Minister may, if it appears to him to be
necessary or expedient to do so, advise the President to require the
Authority, by notice in writing, to broadcast and/or to cause the
broadcast by any person providing broadcasting services in Malta,
free of charge, and at such times as may be specified in the notice,
any announcement or other material so specified, with or without
visual images of any picture, scene or object mentioned in such
announcement or other material, and it shall be the duty of the
Authority and of any person providing broadcasting services to
comply with any such notice.
(2) Where the Authority, or any person providing broadcasting
services in Malta, publishes any announcement or other material in
pursuance of a notice under sub-article (1), it may announce that it
is so doing in pursuance of such a direction.
(3) The Prime Minister may, if it appears to him to be
necessary or expedient to do so, advise the President to require the
Authority, by notice in writing, to refrain from broadcasting any
matter or classes of matter specified in the notice, and it shall be
the duty of the Authority and of any person providing broadcasting
services to comply with any such notice.
(4) The Prime Minister may, if it appears to him to be
necessary or expedient to do so, advise the President to give
directions to the Authority, by notice in writing, as to the maximum
time, the minimum time, both the maximum and minimum time,
which is to be given each day to broadcasts from any sound or
television broadcasting station, and as to the hours of the day in
which such broadcasts are or are not to be given, and it shall be the
duty of the Authority and of any person providing broadcasting
services to comply with any such notice.
(5) The duties imposed on the Authority by this article shall be
without prejudice to the provisions of article 118(8) of the
Constitution.
(6) The powers of the President in terms of this article may
only be exercised in so far as they are reasonably justifiable in a
democratic society.
(1) The Prime Minister may, by notice in writing, give
directions to the Authority to conform, through regulations and
directions made or issued in terms of this Act, with any
international obligation of Malta.
(2)
The Prime Minister may make regulations
(a) to reserve for works originating in such countries as
the Prime Minister may by order prescribe and for
works mentioned in article 13(2)(d), proportions or
maximum limits of broadcasting transmission time;
(b) to reserve a proportion of broadcasting transmission
time or of a station’s programming budget for works of
independent producers originating in such countries as
the Prime Minister may determine;
(c) to promote the distribution and production of audio-
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visual works and television broadcasts;
(d) to regulate the television transmission of events which
he considers as being of major importance for society
and to order that such events be transmitted via live
coverage or deferred coverage on free television
accessible to the general public;
(e) to define which television broadcasters and which
television broadcasting activities fall within the
jurisdiction of Malta and to extend the jurisdiction of
Malta upon broadcasters and television broadcasting
activities so as to render more effective the provisions
of this Act or to ensure the implementation of
international obligations which Malta assumes or
intends to assume;
(f)
to implement any European Community obligation in
matters relating to broadcasting;
(g) to prescribe the measures which may be taken in
respect of broadcasters or other persons who fail to
comply with any regulations made under the preceding
paragraphs of this sub-article and to render article 41
applicable to the violation of regulations made under
this sub-article.
(3) Regulations made under sub-article (2) may, for the purpose
of the proper implementation and enforcement thereof, provide for
the granting of the power to the Broadcasting Authority and to any
of its officers and employees to enter and search any premises, to
have access to any relevant document in any form, to require any
person to supply any relevant information, to carry an on-site
inspection, to issue an order to any person to cease from doing any
thing which constitutes an infringement of this Act or of any
subsidiary legislation made thereunder and to demand from any
person an undertaking to desist from doing any such thing and to
publish any such undertaking and any decision of the Authority, its
officers and employees related to the said subsidiary legislation.
(1) Any person who acts in contravention of any of the
provisions of this Act or of any regulation or direction made or
given thereunder or fails to abide with any conditions imposed in
any licence granted by this Act or to act in conformity with any
such licence or any provision of this Act, or regulation or direction
made or given thereunder shall be guilty of an offence against this
Act and shall, on conviction, be liable to imprisonment not
exceeding six months and to a fine (multa) not exceeding eleven
thousand and six hundred and forty-six euro (11,646) or to both
such fine and imprisonment
Provided that in the case of a second conviction the penalty
shall be not less than a fine (multa) of two thousand and three
hundred and twenty-nine euro (2,329) and in the case of a third and
subsequent conviction the penalty shall be not less than a fine
(multa) of eleven thousand and six hundred and forty-six euro
(11,646)
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Provided further that in the case of a continuing offence there
shall be awarded in addition an additional fine (multa) of not more
than two hundred and thirty-two euro (232) for each day during
which the offence has continued.
(2) It shall be the duty of every person who owns or otherwise
has in his possession any equipment or other movable thing
whatsoever that may be used for the purposes of broadcasting to
ensure at all times that such equipment is not used in the making of
any broadcast in contravention of the provisions of this Act, and
without prejudice to the provisions of any other law relating to
forfeiture, any equipment or other movable things whatsoever,
whether of the same kind or not, kept or used for or in connection
with the provision of broadcasting services in contravention of any
of the provisions of this Act or the making of any broadcast in
contravention of any of the provisions of this Act, shall be forfeited
in favour of the Government, and such forfeiture shall be ordered
by the court in any case and whether or not such equipment, or
thing are the property of, or are kept or used by, the person
convicted or are the property of or are kept or used by any other
person whatsoever.
(3) For the purposes of sub-article (1) a broadcasting contract
as is referred to in article 3(4) shall be deemed to be a licence
granted under this Act.
(4) Where an offence against this Act is committed by a body
corporate, any person who at the time of the commission of the
offence was a director, manager, secretary, or other similar officer
of the body corporate, or was purporting to act in any such
capacity, shall be deemed to be guilty of that offence, unless he
proves that the offence was committed without his consent or
connivance and that he exercised all such diligence to prevent the
commission of the offence as he ought to have exercised having
regard to the nature of his functions in that capacity and to all the
circumstances.
(1) No stamp duty shall be payable by the Authority in
respect of any instrument, writing or print in respect of which, but
for the provisions of this article, duty would be payable by the
Authority under the Duty on Documents Act * .
(2) The income of the Authority shall be exempted from
payment of tax under the Income Tax Act.
(3) The Authority and any of its broadcasting contractors or
licensees shall be exempted from obtaining a licence to broadcast
under the Electronic Communications (Regulation) Act or a licence
to transmit under the Telemalta Corporation Act † .
*Repealed by Act XVII of 1993 (Chapter 364).
†Repealed by Act XXXIII of 1997 (Chapter 399).
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(1) The Authority shall appoint and license a network
operator (hereinafter referred to as "the network operator") to run
the general interest objective network licensed by the Malta
Communications Authority in terms of the Electronic
Communications (Regulation) Act.
(2) The Authority shall decide, following a call for
applications, which licensees of general content objective services
approved by it shall be carried by the network operator. The first
call for applications to be issued by the Authority shall be open to
those broadcasting services existing on the 1st December 2010 as
free-to-air analogue broadcasters. Following the first call for
applications, the Authority may issue a second or subsequent call to
assign available channels on the general interest objective network
Provided that any public service television service which
was broadcasting on the 1st December 2010 shall be automatically
considered to qualify for the purposes of this provision as a general
interest broadcasting service without the need of applying as
aforesaid.
(3) When making regulations to establish criteria for
evaluating an application for a general interest nationwide
t e l e v i s i o n b r o a d c a s t i n g s e r v i c e , t h e P r i m e M i n i s t e r, a f t e r
consultation with the Authority, shall consider the following
criteria
(a) general criteria concerning quality programming
across the full range of public tastes and interests;
(b) programming of an educational and cultural nature;
(c) news and current affairs programming;
(d) a comprehensive and accurate information service in
the interests of a democratic and pluralistic society.
(4) The Authority shall determine the channel line up on the
general interest objective network from amongst the general
interest broadcasting content licensees and the network operator
shall comply with such determination. The Authority’s decision
shall be final.
(5) Notwithstanding the provisions of any other law, general
interest objective service licensees broadcasting on the general
i n t e r e s t o b j e c t i v e n e t w o r k s h a l l o ff e r f r e e o f c h a rg e t h e i r
broadcasting content to such electronic communications networks
as the Authority may from time to time direct or approve.
(6) The Authority may make regulations to give better effect to
the provisions of this article and may, without prejudice to the
generality of the foregoing, make regulations in respect of the
determination of disputes between the network operator and the
general interest objective service, the regulation of the general
interest objective network in order to ensure that the network
operator abides by the provisions of this article and any regulations
made thereunder and, generally to ensure that an uninterrupted
service is provided by the network operator
Provided that in the case of a dispute between the network
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operator and a general interest objective service licensee, such
disputes shall be referred to a standing arbitral tribunal to be
composed of one person appointed by the Broadcasting Authority
who shall preside, one person appointed by the Malta
Communications Authority and one person appointed in agreement
between the Broadcasting Authority and the Malta
Communications Authority. The said tribunal shall decide the
complaint as expeditiously as possible and its decision shall be
final.
(7) The Authority shall approve the conditions and fees
imposed on the contract entered into between the network operator
and the general interest objective service.
(1) Notwithstanding any other provision of this Act, the
offences listed in the First Column of the Fifth Schedule to this Act
shall be administrative offences punishable by the Authority.
(2) The imposition by the Authority of an administrative
sanction in terms of this article shall be without prejudice to any
other consequences of the act or omission of the offender under
civil or administrative law.
(3) The Authority shall observe the guarantees of fair and
public hearing in its determination as to whether a person is guilty
of an administrative offence in terms of this article.
(4) When the Authority is satisfied that a person has
committed an offence against any provision of this Act listed in the
First Column of the Fifth Schedule to this Act, the Authority may -
(a) issue a warning in writing to such person; or
(b) direct such person not to broadcast for a specified
period of time and, if the Authority so directs, it shall
order such person to transmit free of charge during the
time within which it is not broadcasting a notice to the
effect that the station in question has been put off air
for such period of time by order of the Authority in
terms of this paragraph; or
(c) impose an administrative penalty on such person in
accordance with the penalties established in the
Second Column of the Fifth Schedule to this Act and
subject to the provisions of paragraph 1 of the said
Schedule
Provided that the Authority may not require the
payment of a penalty higher than eleven thousand and
six hundred and forty-six euro (11,646) or such other
amount which the Prime Minister may by order
prescribe which amount shall not exceed the sum of
thirty-four thousand and nine hundred and forty euro
(34,940) and the Authority shall not impose on such
person who is found guilty of more than one offence in
the same charge the payment of a penalty higher than
eleven thousand and six hundred and forty-six euro
(11,646) or such other amount which may be
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prescribed by the Prime Minister as aforesaid
Provided further that the Authority may also
impose a suspended penalty which penalty shall be
paid within such period as the Authority may establish.
The Authority may also determine such conditions,
limitations and restrictions both with regard to the
penalty and the suspended penalty as it may deem fit;
or
(d) apply separately or concurrently the measures
mentioned in paragraphs (b) and (c) against such
person.
(5) Where a notice of a charge under this article has been
given, the person named in the notice may, within such period as
the Authority may approve from the date of the service of the
notice, accept responsibility for the offence specified in the notice
and, within the same period or such further period as the Authority
may allow, remedy the offence and pay, or undertake in writing to
pay, the penalty indicated in the notice or such penalty as the
Authority may accept in accordance with the provisions of the Fifth
Schedule to this Act, and in any such case -
(a) the person named in the notice shall be deemed to have
committed the offence and to have admitted his guilt in
respect thereof, and the penalty paid, or agreed to be
paid, shall be the penalty mentioned in the Third
Column of the Fifth Schedule to this Act;
(b) if the offence is remedied and the penalty is paid
within the period, or further period, aforesaid, no
further proceedings may be taken against the said
person in respect of the same facts;
(c) if the penalty is not paid within the period given in the
notice, or further period as the Authority may
establish, the Authority may, without prejudice to its
right to collect the penalty, also apply the provisions of
sub-article (4)(b).
(6) The Authority’s decision shall be final; provided that
compliance with the Authority’s decision shall not be interpreted as
a renunciation to the right to seek judicial review.
(7) A synopsis of the Authority’s decision in terms of this
article shall be broadcast in the main news bulletin of the offending
broadcasting station or during such time as the Authority may
direct.
(8) Any administrative penalty imposed by the Authority or
agreed to by the accused in terms of this article shall be due to the
Authority as a civil debt, constituting an executive title for the
purposes of Title VII of Part I of Book Second of the Code of
Organization and Civil Procedure as if payment of the amount of
the fine had been ordered by a judgement of a court of civil
jurisdiction.
(9) The de-penalisation of the offences listed in the Fifth
Schedule to this Act shall be without prejudice to any criminal
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offence committed prior to the coming into force of this article and
to liability to prosecution and punishment for the same according to
the law in force at the time of the offence
Provided that in any such proceedings the accused may, at
any time before the case is put off for judgement, elect to avail
himself of the possibility of paying a reduced administrative
penalty in lieu of prosecution in accordance with the Fifth Schedule
to this Act and, upon proof of payment of the said penalty, such
proceedings shall cease and no further proceedings may be taken
against the accused in respect of the same facts.
(10) The Authority may in conjunction with the Prime Minister
make regulations to give better effect to the provisions of this
article and may also amend or substitute the Fifth Schedule to this
Act, whether in part or in whole.
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