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SUBSIDIARY LEGISLATION 350.04
BROADCASTING (JURISDICTION AND 
EUROPEAN CO-OPERATION) REGULATIONS
15th December, 2000;
1st May, 2004
LEGAL NOTICE 158 of 2000, as amended by Legal Notice 258 of 2000.
Citation. 
(Jurisdiction and European Co-operation) Regulations.
Interpretation.
Cap. 350.
"broadcaster" means a broadcaster of a television broadcasting
service;
"producers who are independent of broadcasters" means any
person who -
( a ) is not an employee (whether or not on temporary leave
of absence) of a broadcaster;
( b ) does not have a shareholding greater than 15% in a
broadcaster:
Provided that a company shall not be considered
as an independent producer if a broadcaster has a
shareholding greater than 15% in such company;
"scheduled State" means a state included in the Schedule or
which is a party to, or is bound by, an international legal instrument
listed in the said Schedule.
(2) Expressions used in these regulations shall have the same
meaning assigned to them in the Act.
Scope of 
regulations.
3. These regulations shall apply to broadcasters under the
jurisdiction of Malta but shall not apply to broadcasts intended
exclusively for reception in countries outside Malta which are
scheduled States.
Jurisdiction of 
Malta.
Amended by:
L.N. 258 of 2000.
4. (1) A broadcaster shall be under the jurisdiction of Malta:
( a ) where a broadcaster has its head office in Malta and
the editorial decisions about programme schedules are
taken in Malta;
( b ) where a broadcaster has its head office in Malta but
editorial decisions about programme schedules are
taken in a scheduled State, the broadcaster shall be
under the jurisdiction of Malta if a significant part of
the workforce involved in the pursuit of the television
broadcasting activity operates in Malta;
( c ) where a broadcaster has its head office in a scheduled
State but editorial decisions about programme
schedules are taken in Malta, the broadcaster shall be
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under the jurisdiction of Malta if a significant part of
the workforce involved in the pursuit of the television
broadcasting activity operates in Malta;
( d ) where a significant part of the workforce referred to in
paragraphs ( b ) and ( c ) operates both in Malta and in a
scheduled State, the broadcaster shall be under the
jurisdiction of Malta if it has its head office in Malta;
( e ) where a significant part of the workforce referred to in
paragraphs ( b ) and ( c ) operates neither in Malta nor in
a scheduled State, the broadcaster shall be under the
jurisdiction of Malta if it first began broadcasting in
Malta in accordance with the laws of Malta provided
that the broadcaster maintains a stable and effective
link with the economy of Malta;
( f ) where a broadcaster has its head office in Malta but
decisions on programme schedules are taken in a third
country not being a scheduled State, or vice-versa, the
broadcaster shall be under the jurisdiction of Malta if a
significant part of the workforce involved in the
pursuit of the television broadcasting activity operates
in Malta.
(2) Broadcasters to whom the provisions of subregulation (1)
are not applicable, and which do not fall under the jurisdiction of a
scheduled State, shall be under the jurisdiction of Malta in the
following cases:
( a ) if they use a frequency granted by Malta;
( b ) if although they do not use a frequency granted by
Malta, they use a satellite capacity appertaining to
Malta;
( c ) if although they use neither a frequency granted by
Malta nor a satellite capacity appertaining to Malta
they use a satellite up-link situated in Malta.
Broadcasting of 
European 
networks.
5. * (1) A broadcaster shall reserve for European works within
the meaning of subregulations (1) to (7), a majority proportion of
its transmission time, excluding the time appointed to news, sports
events, games, advertising, teletext services and teleshopping. This
proportion, having regard to the broadcaster’s informational,
educational, cultural and entertainment responsibilities to its
viewing public, shall be achieved progressively, on the basis of
suitable criteria.
(2) Broadcasters shall -
( a ) either reserve at least 10% of their transmission time,
excluding the time appointed to news, sports events,
games, advertising, teletext services and teleshopping;
or
( b ) reserve at least 10% of their programming budget,
for European works created by producers who are independent of
*In force as from 1st May, 2004.
BROADCASTING 
(JURISDICTION AND EUROPEAN CO-OPERATION) g S.L.350.04 3
broadcasters. This proportion shall be achieved progressively
having regard to the broadcasters’ informational, educational,
cultural and entertainment responsibilities to the viewing public.
Such proportion shall be achieved on the basis of suitable criteria
and by earmarking an adequate proportion for works transmitted
within five years of their production.
(3) For the purposes of subregulations (1) to (7), "European
works" means:
( a ) works originating from Malta;
( b ) works originating from scheduled States and fulfilling
the conditions of subregulation (4);
( c ) works originating from other European States and
fulfilling the conditions of subregulation (5).
(4) The works referred to in subregulation (3)( a ) and ( b ) are
works mainly made with authors and workers residing in one or
more States referred to in the aforesaid paragraphs, provided that
they comply with any one of the following three conditions:
( a ) they are made by one or more producers established in
one or more of those States; or
( b ) production of the works is supervised and actually
controlled by one or more producers established in one
or more of those States; or
( c ) the contribution of co-producers of those States to the
total co-production costs is preponderant and the co-
production is not controlled by one or more producers
established outside those States.
(5) The works referred to in subregulation (3)( c ) are works
made exclusively or in co-production with producers established in
one or more States mentioned in subregulation (3)( a ) and ( b ) by
producers established in one or more European third States with
which Malta has directly or through its adherence to a multilateral
international legal instrument concluded agreements relating to the
audiovisual sector, if those works are mainly made with authors
and workers residing in one or more European States.
(6) Works that are not European works within the meaning of
subregulation (3) but that are produced within the framework of
bilateral co-production treaties concluded between the States
mentioned in subregulation (3)( a ) and ( b ) and third States shall be
deemed to be European works provided that co-producers from
States mentioned in subregulation (3)( a ) and ( b ) supply a majority
share of the total cost of the production and that the production is
not controlled by one or more producers established outside the
territory of the said States mentioned in subregulation (3)( a ) and
( b ).
(7) Works which are not European works within the meaning of
subregulations (3) and (6), but are made mainly with authors and
workers residing in one or more States mentioned in subregulation
(3)( a ) and ( b ), shall be considered to be European works to an
extent corresponding to the proportion of the contribution of co-
producers from States mentioned in subregulation (3)( a ) and ( b ) to
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the total production costs.
(8) A broadcaster shall draw up and send to the Broadcasting
Authority an annual report which shall include:
( a ) a statistical statement on the achievement of the
proportions referred to in subregulations (1) and (2)
also showing separately the proportion of programmes
originally produced in the Maltese language in respect
of the television programme services broadcast by the
said broadcaster;
( b ) the reasons for failure to attain any of the said
proportions in cases where the broadcaster has not
attained this aim;
( c ) the measures adopted or envisaged in order to achieve
the said proportions.
Transmission of 
major events.
6. (1) Broadcasters shall not broadcast on an exclusive basis
events which are regarded by the Authority as being of major
importance for society in such a way as to deprive a substantial
proportion of the public of the possibility of following such events
via live coverage or deferred coverage on free television. The
Authority shall draw up a list of designated events, national or non-
national, which it considers to be of major importance for society
and it shall do so in a clear and transparent manner in due and
effective time. In so doing the Authority shall also determine
whether such events should be available via whole or partial live
coverage or, where necessary or appropriate for objective reasons
in the public interest, whole or partial deferred coverage.
(2) Broadcasters shall not exercise the exclusive rights
purchased by them in such a way that a substantial proportion of
the public in a scheduled State is deprived of the possibility of
following events which are designated by that other State in
accordance with the applicable provisions of any international legal
instrument in respect of broadcasting to which Malta is a party or
which is applicable to Malta, via whole or partial live coverage or,
where necessary or appropriate for objective reasons in the public
interest, whole or partial deferred coverage on free television as
determined by that other State in accordance with such legal
instrument.
Administrative 
offences.
7. Without prejudice to the provisions of article 16(4) of the
Act, or to the conditions of any broadcasting licence, any violation
of the provisions of regulations 5 and 6 shall constitute an
administrative offence and shall be cognizable by the Broadcasting
Authority in terms of article 41 of the Act.
BROADCASTING 
(JURISDICTION AND EUROPEAN CO-OPERATION) g S.L.350.04 5
SCHEDULE
States included in this Schedule are the following:
Austria
Belgium
Bulgaria
Cyprus
Denmark
Estonia
Finland
France
Germany
Greece
Holy See
Hungary
Ireland
Italy
Latvia
Liechtenstein
Luxembourg
Netherlands
Norway
Poland
Portugal
San Marino
Slovakia
Slovenia
Spain
Sweden
Switzerland
Turkey
United Kingdom
