Regulations, 2000

L.N. 162 of 2000

BROADCASTING ACT,

(KAP.350

Special Administrative Procedure

Regulations, 2000

IN exercise of the powers conferred by subarticle (10) of article

41 of the Broadcasting Act, the Broadcasting Authority in conjunction

with the Prime Minister, has made the following regulations

(1) The title of these regulations may be cited as the Special ~itation and entry

. P roce d ure R egu l atlonS,

'

2000 ,an d s h a 11 come mto

.

Into force.

Ad InlnIstrahve

lorce

&

on 1st September, 2000.

Interpretation.

(1)

For the purposes of these regulations

"the Act" means the Broadcasting Act;

"Authority" means the Broadcasting Authority established by

section 118 of the Constitution of Malta;

"Chief Executive" means the Chief Executive of the Authority

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

include the Secretary of the Authority;

"Code" means the Authority's Code for the Investigation and

Determination 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 ofthe Authority or any other

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

Executive of the Authority.

(2) Words and phrases used in these regulations shall have

the same meaning as is assigned to them in the Act.

The Chief Executive shall issue a notice of a charge to a Chief Executive to

(1)

issue a notice of a

broadcaster.

charge.

(2) In the said notice the Chief Executive shall indicate the

relevant provisions of the Act, or of the rules, regulations or Codes

made thereunder which the broadcaster is charged with infringing.

(3) In the said notice, the Chief Executive shall also inform

the broadcaster of the penalty to which the infringements are liable in

the case of a finding of guilt and of the amount of the reduced penalty

which may be paid by the broadcaster and of the period within which

it may be paid should the broadcaster opt to pay a reduced penalty in

terms of the Fifth Schedule to the Act.

(4) After the Authority has heard the oral submissions of the

Chief Executive and the broadcaster, the Chief Executive and the

broadcaster shall withdraw from the Authority's meeting when the

Authority proceeds to discuss and decide upon the charge.

(5) The Authority's Secretary shall communicate in writing

the Authority's decision to the Chief Executive and to the broadcaster.

Where a complaint lodged by a complainant to a broadcaster

relates to one of the offences listed in sub-regulation (2) of regulation 3

above, the procedure laid down in the Code for Investigation and

Determination of Complaints, shall be followed subject to the following

rules

(a) where the complainant is not satisfied with the

broadcaster's reply and requests the Authority to hear and decide

upon his complaint as laid down in regulation 7 of the Code, the

Chief Executive shall comply with the provisions of sub-regulations

(1), (2) and (3) of regulation 3 of these regulations;

(b) the procedure laid down in sub-regulation (4) of

regulation 3 shall be followed by the Authority and the complainant,

if present, shall also withdraw from the Authority's meeting;

(c) the procedure laid down in regulations 8 to 16 of the

Code shall be followed

Provided that the Chief Executive shall assist the complainant

and the word "complainant" wherever it occurs in regulations 8 to 16

of the Code shall also for the purposes of matters provided for in this

regulation include a reference to the Chief Executive.