CODE FOR THE INVESTIGATION AND DETERMINATION OF COMPLAINTS

CODE FOR THE INVESTIGATION

AND DETERMINATION OF COMPLAINTS

SUBSIDIARY LEGISLATION 350.06

CODE FOR THE INVESTIGATION AND

DETERMINATION OF COMPLAINTS

1st September, 2000

LEGAL NOTICE 161 of 2000, as amended by Legal Notices 3 and 251 of

2001, 83 of 2005 and 426 of 2012.

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

Determination of Complaints.

(1)

For the purposes of this Code

"the Act" means the Broadcasting Act;

"Authority" means the Broadcasting Authority established by

article 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;

"Code" means the 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 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

complainant by the broadcaster within three days from date of

receipt of the complaint.

If a complaint is upheld in whole or in part by the

broadcaster, the latter shall take appropriate action, notifying the

Authority and the complainant in writing of the action taken.

If a complaint is not upheld by the broadcaster, the latter

shall -

(a) so inform the complainant;

(b) inform 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

CODE FOR THE INVESTIGATION

AND DETERMINATION OF COMPLAINTS

it with a copy of all relevant correspondence.

(1) If the complainant is not satified with the broadcaster’s

reply or remedy given, he may request the Authority to hear and

decide upon his complaint.

(2)

The complainant may file his complaint with the Authority

(a) within a period of fifteen days from the receipt of the

broadcaster’s reply or from the granting of a remedy

thereto; or

(b) within eighteen days from the date of his complaint to

the broadcaster if the latter does not reply or does not

provide an adequate remedy to the complaint.

(3) If the complainant does not request the Authority to appoint

his complaint in terms of subarticle (1), the Authority shall declare

the complaint abandoned and it shall not take further cognizance of

that complaint.

(1) The Authority shall appoint the complaint for hearing

and both the complainant and the broadcaster concerned shall be

requested to attend the public hearing to make their oral

submissions to the Authority.

(2) The parties shall adduce all their evidence during the said

sitting, and the Authority shall refrain from granting any

adjournments unless there are exceptional circumstances as the

Authority may deem proper.

After the parties have concluded their oral submissions

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

decide upon the complaint.

After reviewing complaints brought to its attention in

accordance with this Code, the Authority shall communicate its

decision to the parties concerned.

The Authority’s Secretary shall inform in writing both

parties secretary of the Authority’s decision.

Where, without reasonable excuse, any of the parties fails

to attend the public hearing, the following procedure shall be

followed

(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 paragraph 4, the Authority shall

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

CODE FOR THE INVESTIGATION

AND DETERMINATION OF COMPLAINTS

the appropriate remedy.

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

a pending complaint at least forty-eight 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 legally

valid identification document or passport.

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

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

(4) For the purposes of this Code, a public hearing shall also

include the possibility that the public may follow the investigation

of a complaint by the Authority via close circuit television.

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.