REQUIREMENTS AS TO STANDARDS AND PRACTICE APPLICABLE TO THE CONDUCT OF COMPETITIONS AND THE AWARD OF PRIZES

AND THE AWARD OF PRIZES

SUBSIDIARY LEGISLATION 350.22

REQUIREMENTS AS TO STANDARDS AND

PRACTICE APPLICABLE TO THE CONDUCT OF

COMPETITIONS AND THE AWARD OF PRIZES

28th November, 2008

GOVERNMENT NOTICE 1051 of 2008, as amended by Act XVI of 2018.

The title of these requirements is the Requirements as to

Standards and Practice applicable to the Conduct of Competitions

and the Award of Prizes.

Purpose

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 purpose of these Requirements is to provide for

1.2.1

the general conduct of competitions held on the

broadcasting media whether television or radio; and

1.2.2

the award of prizes to participants in those

programmes carried on any means of broadcasting

whereby such participants take part in competitions

in any of the following ways

i.

by televoting,

ii.

by phone-ins,

iii.

by being present for the programme as a member

of the studio audience, or

iv.

by writing (including by e-mail or fax).

1.2.3

Provided that in the exercise of this regulation, the

Gaming Act and the regulatory instruments made

thereunder applicable to it, shall be complied with.

Definitions

2.1 "Participant" means any person who in any manner

whatsoever participates in a competition held during the course of a

programme on any means of broadcasting.

Conduct of Competition

3.1 Competitions should be conducted fairly and according to

rules. Competition rules should be made known to participants and

prizes should be described accurately.

3.2 The questions should preferably have a clear thematic

connection with the programme in which they appear. If they refer

to the products or services of the prize manufacturer or donor, they

should be considered as an advertisement and the words "Messaġġ

P rom o z z j on a li " should appear o n the sc re en i n the cas e of

television programmes, whilst in the case of radio programmes, the

AND THE AWARD OF PRIZES

broadcaster should announce the competition with the words, "Issa

ng ħ addu g ħ all-kompetizzjoni li hi parti minn messa ġġ

promozzjonali".

3.3 Where a prize includes the payment of a tax as is, for

instance, the case of an airline ticket, it has also to be indicated that

the payment of due taxes has to be made.

3.4 Provided that in the exercise of this regulation, the Gaming

Act and the regulatory instruments made thereunder applicable to it,

shall be complied with.

Mention of brand or prize donor

4.1 Advertisers may donate prizes which may be their own

products and/or services. Where editorially justified, there may be

mention of the brand of the prize or prize donor, which may include

brief factual and/or visual references no longer than 7 seconds.

Descriptions should avoid promotional statements.

4.2 Provided that in the exercise of this regulation, the Gaming

Act and the regulatory instruments made thereunder applicable to it,

shall be complied with.

Responsibility of the Broadcaster

5.1 The broadcaster on whose station a programme is

transmitted during which prizes are awarded, shall be directly

responsible for the competition including for the award of the

prizes to the winning participant.

5.2. The broadcaster shall ensure that prize-winners are

announced during the next edition of the programme following the

conclusion of the competition or, in the case of a competition

concluded at the end of a programme schedule, during the final

programme in that schedule. The prize shall be awarded to the

prize-winner within one calendar month of the announcement of

the prize-winner/s of the competition.

5.3 It shall be the responsibility of the broadcaster to ensure

that the prizes as advertised during such a programme are duly

delivered to the winning participant.

5.4 Provided that in the exercise of this regulation, the Gaming

Act and the regulatory instruments made thereunder applicable to it,

shall be complied with.

Award of vouchers as prizes

6.1 When the prize consists of a voucher, then the winner of

that prize shall be entitled to the full value of that voucher without

the need of incurring any extra expense to have benefit of the

voucher.

6.2 When the prize consists of a voucher but is given in goods

and/or services, the goods and/or services given shall be equivalent

to the total value of the voucher.

6.3 No discount on the purchase of a produce or service is

allowed.

AND THE AWARD OF PRIZES

Provided that in the exercise of this regulation, the Gaming

Act and the regulatory instruments made thereunder applicable to it,

shall be complied with.

Cost of telephone call and sms to be made known

7.1 Where the cost of a telephone call or sms is higher than the

normal published tariff, then any promotions for the competition

however so carried or advertised shall state the cost of the call or

sms, as the case may be. If a proportion of the cost of the call or

sms, as the case may be, is intended for any non-profit making

cause, then that proportion must also be specified.

Confidentiality

8.1 The broadcaster shall ensure that there shall be no breach

of confidentiality and no participant shall be given any advantage

over other participants.

Long or complex rules

9.1

Competitions shall not feature long or complex rules.

What information must be provided

10.1 Promotional material about the competitions must clearly

provi de in fo rm ati on wh ich i s li kel y t o affect a d ecisi on to

participate, and shall in any case include the following

i.

Any closing date,

ii.

Any significant terms and conditions, including any

restriction on the eligibility to participate,

iii. An adequate and unequivocal description of prizes to

be won,

iv.

How and when prize-winners will be informed.

10.2 Provided that in the exercise of this regulation, the Gaming

Act and the regulatory instruments made thereunder applicable to

it, shall be complied with.

Closing date

11.1 Competitions must have a closing date, except where there

are instant prize-winners.

11.2 Provided that in the exercise of this regulation, the Gaming

Act and the regulatory instruments made thereunder applicable to it,

shall be complied with.

Prohibition of employees etc.

12.1 Persons who are either employees of the broadcaster,

advertising agents, the competition’s sponsors, or people who are

directly involved in the production or presentation of the

programme in which the competition is carried, or who form part of

the immediate family of such persons shall automatically be

disqualified from participating in any competition carried on that

station.

Quizzes

13.1 When a quiz is held, broadcasters are to ensure that no

AND THE AWARD OF PRIZES

question is asked with regard to a specific commercial product or

service and that any question asked does not, either directly or

indirectly, relate to a commercial product or service.

13.2 For the purposes of this paragraph a commercial product or

service includes reference to a brand name or a company or a

c o m m e r c i a l e n t e r p r i se w h i ch i m p o r t s , s e l l s , d i s t r i b u t e s o r

otherwise produces any product or service.