Code for the Investigation and Determination of Complaints

L.N.161 of 2000

BROADCASTING ACT

(CAP. 350)

Code for the Investigation and Determination of Complaints

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

21 A of the Broadcasting Act, the Broadcasting Authority has drawn up

the following Code:-

The title of this Code is the Code for the Investigation and

Detennination of Complaints, and it shall come into force on the 1st

September, 2000.

For the purposes of this Code

(l)

"the Act" means the Broadcasting Act;

"Authority" means the Broadcasting Authority established by

article 118 of the Constitution of Malta;

"ChiefExecutive" means the Chief Executive of the Authority,

or any other officer or employee of the Authority, but does not

include the Secretary;

"Code" means the Code for the Investigation and

Detennination of Complaints;

"complainant" means an affected third party who applies to

the Authority to seek effective compliance by a broadcaster with

the provisions of the Act;

"Secretary" means the Secretary of the Authority, or any other

officer or employee of the Authority, but does not include the Chief

Executive.

(2) Words and phrases used in this Code shall have the same

meaning as is assigned to them in the Act.

(1) All complaints shall be made promptly in writing by a

complainant and shall be addressed to the broadcaster concerned.

(2) A copy of the said complaint shall be communicated to

the Authority.

Complaints shall be dealt with and replies given to the Period within

complainant by the broadcaster within three days from date of receipt shall

which broadcaster

of the complaint.

If a complaint is upheld in whole or in part by the broadcaster, Upholding a

the latter shall take appropriate action, notifying the Authority and the ~~:~~:t~~y

complainant in writing of the action taken.

If a complaint is not upheld by the broadcaster, the latter shall:- Where complaint is

not upheld by the

broadcaster.

(a)

so inform the complainant;

(b) infonn the complainant of his right to refer the matter

to the Authority for a review of the broadcaster's decision in terms

of this Code; and

(c) notify the Authority of the decision taken and provide it

with a copy of all relevant correspondence.

If the complainant is not satisfied with the broadcaster's reply, Complainant may

he may request the Authority to hear and decide upon his complaint. request

hear complaint.

The Authority shall appoint the complaint for hearing and both Oral submissions.

the complainant and the broadcaster concerned shall be requested to

attend the public hearing to make their oral submissions to the Authority.

After the parties have concluded their oral submissions they Authority to decide

complaint.

shall be requested to leave the sitting and the Authority shall decide

upon the complaint.

After reviewing complaints brought to its attention in Authority to

accordance with this Code, the Authority shall communicate its decision communicate

decision to parties

to the parties concerned.

concerned.

The Authority's Secretary shall infonn in writing both parties Secretary to

communicate

of the Authority's decision.

Authority 's

decision.

Where, without reasonable excuse, any of the parties fails to Failure without

reasonable cause to

attend the public hearing, the following procedure shall be followed: attend Authority's

sitting.

(a) if the complainant fails to attend the sitting, his complaint

shall be dismissed by the Authority;

(b) if the broadcaster concerned fails to attend the sitting,

the Authority shall hear the complainant and shall decide the

complaint in the broadcaster's absence.

The Authority shall afford a fair and public hearing to both

parties concerned. It shall give reasons for its decisions and it shall

make its decisions public.

In the absence of a reply from the broadcaster concerned

within the time limit set out in regulation 4 of this Code, the Authority

shall proceed to adjudicate the complaint and, if so required, decide on

the appropriate remedy.

(1) The Authority shall affix on its notice board a notice of

a pending complaint at least 48 hours before the said hearing takes

place.

(2) Members of the public attending a public hearing shall

identify themselves with the Secretary by showing him their identity

card or passport.

(3) The Secretary shall inform such members of the public

of the dates and times of the Authority's public hearings.

oi

The Chairman of the Authority shall enforce order during

the sittings of the Authority and may also order any member of the

public disturbing the conduct of the proceedings to leave the premises.

In cases of urgency the Authority may dispense with the

provisions of this Code as it may determine.