MT
Regulations, 2010
Statutory Text (4 Articles)
L.N. 322 of 2010
BROADCASTING ACT
(CAP. 350)
Broadcasting Act (Substitution of Fifth Schedule)
Regulations, 2010
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 is the Broadcasting
Act (Substitution of Fifth Schedule) Regulations, 2010, and they
shall re read in conjunction with the Broadcasting Act, hereinafter
in these regulations referred to as “the Act”.
(2)
These regulations shall come into force on the 1st
June, 2010.
For the Fifth Schedule to the Act there shall be substituted
the following:-
B
“FIFTH SCHEDULE
Article 41(1)
OFFENCES WHICH ARE COGNIZABLE
BY THE BROADCASTING AUTHORITY
FIRST COLUMN
SECOND COLUMN
THIRD COLUMN
Provision
Penalty
Reduced Penalty
€
€
Article 10(6)(a)
1,160
Article 10(7)
Article 10(8)
Article 10(10)
1,160
Article 13(2)(a)
1,160
Article 13(2)(b)
1,160
Article 13(2)(c)
1,160
Article 13(2)(d)
1,160
Article 13(2)(e)
1,160
Article 13(2)(f)
1,160
Article 13(3)
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 16J
2,330
1,750
Article 16K
2,330
1,750
Article 16L
2,330
1,750
Article 16M
2,330
1,750
Article 16N
2,330
1,750
Article 16O
2,330
1,750
Article 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
B
Article 19(11)(b)
2,330
1,750
Article 19(11)(c)
2,330
1,750
Article 20(1)(a) & (2)
2,330
1,750
Article 20(1)(b) & (2)
2,330
1,750
Article 20(3)
2,330
1,750
Article 20(4)
2,330
1,750
Article 21(l)(a)
1,750
1,280
Article 21(l)(b)
1,750
1,280
Article 21(2)
1,750
1,280
Article 21(3)(a)
1,750
1,280
Article 21(3)(b)
1,750
1,280
Article 21A(4)
Article 22(1)
2,330
1,750
Article 22(2)
2,330
1,750
Article 23(1)
1,160
Article 23(2)
1,750
1,280
Article 23(3)(a)
1,750
1,280
Article 23(3)(b)
1,750
1,280
Article 23(4)(a)
1,750
1,280
Article 23(4)(b)
1,750
1,280
Article 23(4)(c)
1,750
1,280
Article 23(5)
1,750
1,280
Article 23(6)
1,750
1,280
Article 23(7)
1,750
1,280
Article 34(1)(a)
1,750
1,280
Article 34(1)(b)
1,750
1,280
Article 40(1)
2,330
1,750
First Schedule - for any violation of
any of the sub-paragraphs of paragraphs
1, 2 and 3 of the said Schedule
1,160
Third Schedule - for any violation of any
of the paragraphs of the said Schedule
1,160
Fourth Schedule - for not installing or for
not using a delay mechanism during
phone-in programmes
1,160
Advertising, Sponsorship and
Teleshopping (Protection of Consumers’
Interest) (Television Broadcasting
Injunction) Order
34,950
23,300
B
Regulations 5 and 6 of the Broadcasting
(Jurisdiction and European Co-Operation)
Regulations, SL 350.04
34,950
23,300
Requirements as to Standards and Practice
applicable to News Bulletins and Current
Affairs Programmes, SL 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,
SL 350.15
2,330
1,750
Requirements as to Standards and Practice
applicable to the Coverage of Tragedies in
Broadcasting, SL 350.16
2,330
1,750
Requirements as to Standards and Practice
applicable to Disability and its Portrayal
in the Broadcasting Media, SL 350.17
2,330
1,750
Requirements as to Standards and Practice
applicable to the Family Viewing and
Listening, SL 350.18
1,160
Requirements as to Standards and Practice
applicable to Phone-in Programmes aired
on the Broadcasting Media, SL 350.19
1,160
B
Requirements as to Standards and Practice
applicable to Crawls and Captions in
Television Programmes, SL 350.20
1,160
Requirements as to Standards and Practice
applicable to various types of Polls
broadcast on Radio and Television
Services, SL 350.21
1,160
Requirements as to Standards and Practice
applicable to the Conduct of Competitions
and the Award of Prizes, SL 350.22
1,160
Requirements and Methods of Advertising
applicable to Tattoo Advertising,
SL 350.23
1,160
Requirements and Methods of Advertising
applicable to Alcoholic Drink
Advertising, Sponsorship and
Teleshopping, SL 350.24
1,160
Requirements and Methods of Advertising
applicable to Gambling Advertisements,
SL 350.25
1,160
Requirements as to Standards and Practice
applicable to the Promotion of Racial
Equality, SL 350.26
1,160
Requirements as to Standards and Practice
applicable to the Price of Telephone Calls
and SMSs in the Broadcasting Media,
SL 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, SL 350.30
1,160
B
Requirements as to Standards and Practice
As to Advertisements, Methods of
Advertising and Directions on Public
Collections on the Broadcasting Media,
SL 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 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) of this Act.
2. Where any person who is served with a notice in terms of article 41 of
this Act elects to pay the penalty without contestation, he shall be liable to pay the
penalty indicated in the third column of this Schedule.
In the case of a second or subsequent violation of any provision of this
Schedule, the penalties listed in the second and third columns of this Schedule shall
be increased by twenty per centum for each and every subsequent violation.”.
Transitory and saving provision.
3. (1) Nothing in regulation 2 shall invalidate any procedure whether written or
oral which may have been made before the coming into force of the Fifth Schedule
of the Broadcasting Act as substituted by regulation 2 aforesaid and which was valid
according to the law as in force on the date when made.
(2) Subject to sub-regulation (3) hereunder, any charges issued by the Chief
Executive in terms of article 41 of the Act referring to the Fifth Schedule to the
Broadcasting Act and any procedure made by virtue or under the provisions of that
article and Schedule, and any other thing done in virtue of that article and Schedule,
shall remain valid in the same manner as if it were done under the provisions of that
article and Schedule as amended by these regulations.
(3) Any charge issued by the Chief Executive in terms of article 41 of the
Broadcasting Act referring to the Fifth Schedule to the said 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 Broadcasting Authority prior to the date of
entry into force of regulation 2, shall continue to be regulated by the Fifth Schedule
as it obtained prior to the said date of entry into force of regulation 2 aforesaid.
B
€0.65