Co-operation) Regulations, 2000

L.N. 158 of 2000

BROADCASTING ACT

(CAP. 350)

Broadcasting (Jurisdiction and European

Co-operation) Regulations, 2000

IN exercise of the powers conferred by subarticle (2) of article 37

of the Broadcasting Act, the Prime Minister has made the following

regulations:-

(1) The title of these regulations is the Broadcasting Citation and entry

(Jurisdiction and European Co-operation) Regulations, 2000.

into force.

(2) These regulations shall come into force on such date as

the Prime Minister may appoint by notice in the Gazette and different

dates may be appointed for different provisions and purposes of these

regulations.

Interpretation.

States included in this Schedule are the following

Austria

Belgium

Bulgaria

Cyprus

Denmark

Estonia

Finland

France

Gennany

Greece

Holy See

Hungary

Ireland

Italy

Latvia

Liechtenstein

Luxembourg

Netherlands

Norway

Poland

Portugal

San Marino

Slovakia

Slovenia

Spain

Sweden

Switzerland

Turkey

United Kingdom

For the purposes of these regulations-

(1)

"the Act" means the Broadcasting Act;

"broadcaster" means a broadcaster of a television broadcasting

service;

"producers who are independent of broadcasters" means any

person who

(a) is not an employee (whether or not on temporary

leave of absence) of a broadcaster;

(b) does not have a shareholding greater than 15% in a

broadcaster

Provided that a company shall not be considered as an

independent producer if a broadcaster has a shareholding

greater than 15% in such company;

"scheduled State" means a state included in the Schedule

to these regulations or which is a party to, or is bound by, an

intemationallegal instrument listed in the said Schedule.

(2) Expressions used in these regulations shall have the same

meaning assigned to them in the Act.

These regulations shall apply to broadcasters under the

jurisdiction of Malta but shall not apply to broadcasts intended

exclusively for reception in countries outside Malta which are scheduled

States.

(1)

A broadcaster shall be under the jurisdiction of Malta:-

(a) where a broadcaster has its head office in Malta and the

editorial decisions about programme schedules are taken in Malta;

(b) where a broadcaster has its head office in Malta but

editorial decisions about programme schedules are taken in a

Scheduled State, the broadcaster shall be under the jurisdiction of

Malta if a significant part of the workforce involved in the pursuit

of the television broadcasting activity operates in Malta;

(c) where a broadcaster has its head office in a scheduled

State but editorial decisions about programme schedules are taken

in Malta, the broadcaster shall be under the jurisdiction of Malta if

a significant part of the workforce involved in the pursuit of the

television broadcasting activity operates in Malta;

(d) where a significant part of the workforce referred to in

paragraphs (b) and (c) above operates both in Malta and in a

scheduled State, the broadcaster shall be under the jurisdiction of

Malta if it has its head office in Malta;

(e) where a significant part of the workforce referred to in

paragraphs (b) and (c) above operates neither in Malta nor in a

scheduled State, the broadcaster shall be under the jurisdiction of

Malta if it first began broadcasting in Malta in accordance with

the laws of Malta provided that the broadcaster maintains a stable

and effective link with the economy of Malta;

(f) where a broadcaster has its head office in Malta but

decisions on programme schedules are taken in a third country not

being a scheduled State, or Vice-versa, the broadcaster shall be

under the jurisdiction of Malta if a significant part of the workforce

involved in the pursuit of the television broadcasting activity

operates in Malta.

(2) Broadcasters to whom the provisions of sub-regulation

(1) of this regulation are not applicable shall be under the jurisdiction

of Malta in the following cases

(a)

ifthey use a frequency granted by Malta;

(b) if although they do not use a frequency granted by Malta,

they use a satellite capacity appertaining to Malta;

(c) if although they use neither a frequency granted by Malta

nor a satellite capacity appertaining to Malta they use a satellite

up-link situated in Malta.

(1) A broadcaster shall reserve for European works within Broadcastingof

the meaning of sub-regulations (1) to (7) of this regulation, a majority European worts.

proportion of its transmission time, excluding the time appointed to

news, sports events, games, advertising, teletext services and

teleshopping. This proportion, having regard to the broadcaster's

informational, educational, cultural and entertainment responsibilities

to its viewing public, shall be achieved progressively, on the basis of

suitable criteria.

(2)

Broadcasters shall

(a) either reserve at least 10% of their transmission time,

excluding the time appointed to news, sports events, games,

advertising, teletext services and teleshopping; or

(b)

reserve at least 10% of their programming budget,

for European works created by producers who are independent of

broadcasters. This proportion shall be achieved progressively having

regard to the broadcasters' informational, educational, cultural and

entertainment responsibilities to the viewing public. Such proportion

shall be achieved on the basis of suitable criteria and by earmarking an

adequate proportion for works transmitted within five years of their

production.

(3) For the purposes of sub-regulations (1) to (7) of this

regulation, "European works" means

(a)

works originating from Malta;

(b) works originating from scheduled States and fulfilling

the conditions of sub-regulation (4) of this regulation;

(c) works originating from other European States and

fulfilling the conditions of sub-regulation (5) of this regulation.

(4) The works referred to in paragraphs (a) and (b) of sub-

regulation (3) of this regulation are works mainly made with authors

and workers residing in one or more States referred to in the aforesaid

paragraphs, provided that they comply with anyone of the following

three conditions

(a) they are made by one or more producers established in

one or more of those States; or

(b) production of the works is supervised and actually

controlled by one or more producers established in one or more of

those States; or

(c) the contribution of co-producers of those States to the

total co-production costs is preponderant and the co-production is

not controlled by one or more producers established outside those

States.

(5) The works referred to in paragraph (c) of sub-regulation

(3) of this regulation are works made exclusively or in co-production

with producers established in one or more States mentioned in paragraph

(a) and (b) of sub-regulation (3) by producers established in one or

more European third States with which Malta has directly or through

its adherence to a multilateral international legal instrument concluded

agreements relating to the audiovisual sector, if those works are mainly

made with authors and workers residing in one or more European States.

(6) Works that are not European works within the meaning

of sub-regulation (3) of this regulation but that are produced within the

framework of bilateral co-production treaties concluded between the

States mentioned in paragraphs (a) and (b) of sub-regulation (3) and

third States shall be deemed to be European works provided that co-

producers from States mentioned in paragraphs (a) and (b) of sub-

regulation (3) supply a majority share of the total cost of the production

and that the production is not controlled by one or more producers

established outside the territory of the said States mentioned in

paragraphs (a) and (b) of sub-regulation (3).

(7) Works which are not European works within the

meaning of sub-regulations (3) and (6) of this regulation, but are made

mainly with authors and workers residing in one or more States

mentioned in paragraphs (a) and (b) of sub-regulation (3), shall be

considered to be European works to an extent corresponding to the

proportion of the contribution of co-producers from States mentioned

in paragraphs (a) and (b) of sub-regulation (3) to the total production

costs.

(8) A broadcaster shall draw up and send to the Broadcasting

Authority an annual report which shall include:-

(a) a statistical statement on the achievement of the

proportions referred to in sub-regulations (1) and (2) of this

regulation also showing seperately the proportion of programmes

originally produced in the Maltese language in respect of the

television programme services broadcast by the said broadcaster;

(b) the reasons for failure to attain any ofthe said proportions

in cases where the broadcaster has not attained this aim;

(c) the measures adopted or envisaged in order to achieve

the said proportions.

(1) Broadcasters shall not broadcast on an exclusive basis Tnmsmission of

events which are regarded by the Authority as being of major importance major events.

for society in such a way as to deprive a substantial proportion of the

public of the possibility of following such events via live coverage or

deferred coverage on free television. The Authority shall draw up a list

of designated events, national or non-national, which it considers to be

of major importance for society and it shall do so in a clear and

transparent manner in due and effective time. In so doing the Authority

shall also determine whether such events should be available via whole

or partial live coverage or, where necessary or appropriate for objective

reasons in the public interest, whole or partial deferred coverage.

(2) Broadcasters shall not exercise the exclusive rights

purchased by them in such a way that a substantial proportion of the

public in a scheduled State is deprived of the possibility of following

events which are designated by that other State in accordance with the

applicable provisions of any intemationallegal instrument in respect of

broadcasting to which Malta is a party or which is applicable to Malta,

via whole or partial live coverage or, where necessary or appropriate

for objective reasons in the public interest, whole or partial deferred

coverage on free television as determined by that other state in

accordance with such legal instrument.

Without prejudice to the provisions of subarticle (4) of article Administtative

16 of the Act, or to the conditions of any broadcasting licence, any offences.

violation of the provisions of regulations 5 and 6 of these regulations

shall constitute an administrative offence and shall be cognizable by

the Broadcasting Authority in terms of article 41 of the Act.