REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO PHONE-INS IN PROGRAMMES AIRED ON THE BROADCASTING

REQUIREMENTS AS TO STANDARDS AND PRACTICE

APPLICABLE TO PHONE-INS IN PROGRAMMES AIRED

ON THE BROADCASTING MEDIA

SUBSIDIARY LEGISLATION 350.19

REQUIREMENTS AS TO STANDARDS AND

PRACTICE APPLICABLE TO PHONE-INS IN

PROGRAMMES AIRED ON THE BROADCASTING

MEDIA

22nd March, 2007

GOVERNMENT NOTICE 262 of 2007.

The title of these requirements is the Requirements as to

Standards and Practice applicable to Phone-ins in Programmes

aired on the Broadcasting Media.

Introduction

1.1 These Requirements as to Standards and Practice have

been made by the Broadcasting Authority in virtue of article 20(3)

of the Broadcasting Act, Chapter 350 of the Laws of Malta.

1.2 The Broadcasting Authority corroborates that phone-ins in

programmes broadcasted on all media are greatly contributing

towards public opinion, and in this context one can declare that

broadcasting media are serving democracy and advancing the

opportunity for opinion expression by the general public. These

types of programmes are therefore important in the contribution

towards the exercise of free expression according to article 11(1)(a)

of the Broadcasting Act.

1.3 On the other hand, every right brings about certain

obligations, and although in cases where political expression is

concerned there should be greater tolerance to opinions that in the

terms expressed by the European Court of Human Rights "offend,

shock and disturb", there are always those cases where the same

right of expression has to be controlled. In this context article

13(2)(a) of the Broadcasting Act provides that the Authority shall

prevent from the inclusion in programme s that offend

"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.".

Requirements

2.1 Since the majority of phone-in programmes are broadcast

directly on air and are not pre-recorded, the station concerned has

to ensure that the listeners or viewers who phone to the station and

are on air do not contravene any disposition of the law (whichever

that is), or to use any language which goes against good taste or

decency.

2.2 When the programme concerned is broadcast before 21:00

hours when children are listeneing and viewing the affected

programme, the presenter should be more careful to the use of

certain language so that such language is adaptable also to

REQUIREMENTS AS TO STANDARDS AND PRACTICE

APPLICABLE TO PHONE-INS IN PROGRAMMES AIRED

ON THE BROADCASTING MEDIA

audiences including whole families.

2.3 To minimise the risk of the transmission of language which

goes against the dispositions of the law, the broadcasting station

should ensure that the presenter is well versed in the dispositions of

the law and the rules and regulations which the Broadcasting

Authority issues from time to time about programmes in general

and about phone-in programmes in particulat. In this way the

presenter can resolve a difficult situation in an effective and in the

most educative manner.

2.4 Offensive, vulgar, and obscene language which insults,

built on allegations, malicious discourse and incitements which

degenerate the quality of programms have to be shunned and

avoided by the livtener/viewer as well as by the presenter.

2.5 The presenter has to ensure that if a listener or viewer

makes use of offensive words, etc., in confrontation with the

presenter, the latter should never reply the viewer or listener in the

same way.

2.6 Apart from the above, when the programme contains direct

phone-ins, the following rules shall always apply

i.

Whoever asks to air his views during a broadcast has

to furnish the station with his/her name and surname,

and ID card number.

ii.

The presenter should, from time to time, and certainly

before the telephone lines are open to the public,

remind his viewers or listeners about the use of

language which has to be used on the broadcasting

media and if this is not adhered to, the presenter

should make use of the delay mechanism.

iii. The presenter should ensure that allegations and

malicious discourse against thrid parties are not

broadcasted.

iv.

The presenter should keep in mind that broadcasting

media is a great influence on society and should

therefore ensure that language used in interviews with

his viewers or listeners increases programme quality

for the benefit of the consumer.

v.

The station should provide immediate remedy in the

form of a right of reply to allegations and malicious

discourse made in confront of their parties. This

applies in particular to those persons who are not

Members of Parliament or do not occupy a high public

post.

2.7 The Broadcasting Authority warns that if these

Requirements are not adhered to, the contravening programme will

not be allowed to be broadcast for a day or more as required by the

Authority.