   BROADCASTING [ CAP. 350.        1
CHAPTER 350
BROADCASTING ACT
To make provision for the regulation of all sound and television broadcasting services in
Malta; as well as to provide for the powers, duties and financial resources of the Broadcasting
Authority set up in accordance with the Constitution; to provide for the exercise and
performance by the Authority of functions in addition to those established by the Constitution,
which functions shall include that of issuing licences in respect of radio and television
services in Malta; to make provision in respect of all such powers as may be necessary in
order for the Authority to fulfil its functions in accordance with the Constitution and this Act;
and to make provision in respect of matters ancillary thereto or connected therewith.
1st June, 1991
ACT XII of 1991, as amended by Acts: XIV of 1993, XVI of 1997 and XV of 2000; Legal
Notices 159 and 164 of 2000; Act VI of 2001; and Legal Notices 245 of 2001 and 134 of 2002.
ARRANGEMENT OF ACT
Articles
PART I. Preliminary 1-2
PART II. Functions and Composition of the Broadcasting Authority 3-9
PART III. Broadcasting Licences 10-16
PART IV. Relations between the Minister responsible for Wireless
Telegraph and the Authority 17-18
PART V. Codes 19-22
PART VI. Programme Schedules 23
PART VII. Financial Provisions 24-30
PART VIII. Contracts and Power to Acquire of Dispose of Property 31-32
PART IX. Miscellaneous Provisions 33-40
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
  2      CAP. 350. ]                BROADCASTING
 PART I
Preliminary 
Short title.  l. The short title of this Act is Broadcasting Act.
Interpretation.
Amended by:
XV. 2000.2.
2. In this Act, unless the context otherwise requires - 
"the Authority" means the Broadcasting Authority established by
article 118 of the Constitution;
"advertising" means any form of announcement broadcast
whether in return for payment or for similar consideration, or
broadcast for self-promotional purposes by a public or private
undertaking in connection with a trade, business, craft or
profession in order to promote the supply of goods or services,
including immovable property, rights and obligations, in return for
payment;
"broadcast" means the initial transmission by wire or over the air,
including that by satellite, in unencoded or encoded form, of radio
or television programmes intended for reception by the public but
does not include retransmissions and communication services
providing items of information or other messages on individual
demand such as telecopying, electronic data banks and other
similar services;
"broadcasting licence” means a licence issued by the
Broadcasting Authority in terms of article 10 and also includes any
licence, contract or other document issued under any other law
whereby a person is authorised to provide a broadcasting service;
"community radio service" means a radio service designed to
cater for the needs of a particular community or locality and having
a limited range of reception;
"financial year" means the period of twelve months ending on the
thirty-first day of December in any year;
"Minister" unless otherwise indicated means the Minister
responsible for culture;
"Malta" has the same meaning as is assigned to it in article 124
of the Constitution;
"National Broadcasting Plan" means the National Broadcasting
Plan contained in the Second Schedule to this Act;
"nationwide radio service" means a radio service designed to
cater for the needs of the nation as a whole and having a range of
reception which includes the whole of Malta;
"person" includes also a body corporate established by law and
includes also a department of government;
"programmes broadcast by the Authority" includes programmes
broadcast on behalf of the Authority in accordance with the
provisions of this Act; 
"retransmission" means receiving and simultaneously
transmitting, irrespective of the technical means employed,
complete and unchanged radio or television programme services, or
   BROADCASTING [ CAP. 350.        3
important parts of such services, transmitted by broadcasters for
reception by the general public;
"sponsorship" means any contribution made by a public or
private undertaking not engaged in broadcasting activities or in the
production of audio-visual works, to the financing of programmes
with a view to promoting its name, its trade mark, its image, its
activities or its products;
"subliminal techniques" means the use of any technical device
which, by using images of very brief duration or by any other
means, exploits the possibility of conveying a message to, or
otherwise influencing the minds of, members of an audience
without their being aware, or fully aware, of what has been done;
"surreptitious advertising" means the representation in words or
pictures of goods, services, the name, the trade mark or the
activities of a producer of goods or a provider of services in
programmes when such representation is intended by the
broadcaster to serve advertising and might mislead the public as to
its nature. Such representation is considered to be intentional in
particular if it is done in return for payment or for similar
consideration;
"teleshopping" means direct offers broadcast to the public with a
view to the supply of goods or services, including immovable
property, rights and obligations, in return for payment.
PART II
Functions and Composition of the Broadcasting Authority
The Broadcasting 
Authority.
3. ( 1 ) Without prejudice to and in addition to the functions
under article 119 of the Constitution, the Authority shall have the
function to regulate sound and television broadcasting services in
Malta and to issue licences for the provision of such services in
accordance with this Act.
( 2 ) The Authority shall also have the right to provide itself or
through broadcasting contractors, in accordance with the provisions
of this Act, sound and television broadcasting services in Malta.
( 3 ) The Authority shall in addition to its other powers assume,
from a date or dates stipulated by the Prime Minister in writing,
such rights and duties arising from any agreement between the
Government of Malta and cable or other broadcasting operators as
the Prime Minister may from time to time specify.
( 4 ) The services referred to in subarticle  ( 2 )  may be provided
for and on behalf of the Authority by broadcasting contractors who,
under contract with the Authority, have in consideration of payment
to the Authority and subject to the provisions of this Act, the right
and duty to provide such services for and on behalf of the
Authority.
( 5 ) The Authority may not grant any licence or enter into any
contract in terms of subarticle  ( 4 )  on an exclusive basis, and any
provision granting such exclusivity whether contracted or granted
before or after the coming into force of this Act shall be deemed to
  4      CAP. 350. ]                BROADCASTING
be null and void, without prejudice to all the other provisions of the
contract or licence which in no way violate the provisions of the
subarticle.
( 6 ) The Authority shall also have the right to appoint a separate
contractor to provide a service to be transmitted either separately or
through the medium provided by the other contractors who shall be
bound to carry such service at such times and under such conditions
as the Authority may stipulate and in return for such payment of
fees or other considerations as the Authority may provide to be
payable to it or to the contractor providing the service.
Status of the 
Authority.
4. ( 1 ) The Authority shall be a body corporate having a
distinct legal personality and shall be capable, subject to the
provisions of this Act, of entering into contracts, of acquiring,
holding and disposing of any kind of property for the purposes of
its functions, of suing and being sued, and of doing all such things
and entering into all such transactions, commitments and
obligations, as are incidental or conducive to the exercise or
performance of its functions.
( 2 ) It is hereby prescribed that the number of members of the
Authority other than the Chairman shall be not less than four nor
more than six.
( 3 ) All appointments to the Authority shall be published in the
Government Gazette.
( 4 ) The legal representation of the Authority shall vest in the
Chairman or in such other member or members of the Authority, as
the Authority may by resolution published in the Government
Gazette designate:
Provided that the Authority may delegate under its general
direction, any of its powers, other than those referred to by article
119 ( 1 )  of the Constitution, to any of its members or any of its
officers or servants and may authorise any such persons to appear
on any contract, deed or other instrument for and on behalf of the
Authority, and to sign for or on its behalf any such contract, deed or
instrument, as well as any other document, including cheques and
other bills of exchange, and the Authority may also ratify and
accept any thing done for and on its behalf without such
authorisation.
( 5 ) Any document purporting to be an instrument made or
issued by the Authority and signed by the Chairman on behalf of
the Authority shall be received in evidence and shall, until the
contrary is proved, be deemed to be an instrument made or issued
on behalf of the Authority.
The Chief 
Executive of the 
Authority.
5. ( 1 ) There shall be a Chief Executive of the Authority to be
appointed following a public call for applications by the Authority
from among persons who have had experience of, and shown
capacity in, dealing with matters related to broadcasting.
( 2 ) A person shall not be qualified to hold, or act in, the office
of Chief Executive if he is disqualified to hold office as a member
of the Authority. 
   BROADCASTING [ CAP. 350.        5
( 3 ) Under its general direction, the Authority may delegate to
the Chief Executive such of its powers and duties as it may deem
necessary or expedient to enable him to carry out the business of
the Authority.
( 4 ) An appointment of a person to, or to act in, the post of
Chief Executive shall be published in the Gazette.
( 5 ) Nothing in this article shall affect the validity of any
appointment to the office of Chief Executive validly made before
the coming into force of this Act.
Temporary absence 
of the Chief 
Executive.
6. ( 1 ) Where the Chief Executive is temporarily absent from
Malta or otherwise is temporarily incapacitated from performing
the functions of his office, the Authority may appoint a person to
act as Chief Executive during such period of absence or incapacity.
( 2 ) A person appointed under the preceding subarticle may
exercise all the powers conferred on the Chief Executive from the
date of his appointment. 
( 3 ) The person appointed in accordance with subarticle  ( 1 )
shall not be a person who is disqualified from holding the office of
member of the Authority.
Remuneration.
of their office as such, out of funds made available to the Authority
under article 24, such remuneration as the President on the advice
of the Prime Minister may from time to time determine.
Proceedings of the 
meetings of the 
Authority.
8. ( 1 ) The meetings of the Authority shall be called by the
Chairman, either on his own initiative or at the request of any two
of the other members.
( 2 ) The Authority may act notwithstanding any vacancy among
its members.
( 3 ) The quorum of the Authority shall consist of half its
members. 
( 4 ) The Chairman shall have an original vote and, in the event
of an equality of votes, a casting vote; in the absence of the
chairman the other members of the board shall appoint one of their
number to preside over the meeting; such member shall for such
meeting have the same rights as the chairman.
( 5 ) A member of the Authority who is in any way directly or
indirectly interested in a contract made or proposed to be made by
the Authority shall, as soon as possible after the relevant
circumstances have come to his knowledge, disclose the nature of
his interest at the first meeting of the Authority after the relevant
facts have come to his knowledge.
( 6 ) Any disclosure made under subarticle  ( 5 )  shall be recorded
in the minutes of the Authority, and the member- 
( a ) shall not take part after the disclosure in any
deliberation or decision of the Authority with respect
to that contract; and
( b ) shall be disregarded for the purpose of constituting a
  6      CAP. 350. ]                BROADCASTING
quorum of the Authority for any such deliberation or
decision.
( 7 ) Subject to the provisions of the Constitution and of this
Act, the Authority may regulate its own proceedings.
( 8 ) No member of the Authority shall regularly take part in
broadcasting. 
( 9 ) No member of the Authority shall be a shareholder in any
broadcasting operator, licensee or contractor, nor may he be
involved in the management of any broadcasting service.
( 10 ) The provisions of subarticles  ( 5 )  to  ( 9 )  shall apply to the
Chief Executive as if reference therein to members included
references to the Chief Executive.
Staff appointments. 9. Subject to the provisions of the Constitution and of any
other enactment applicable thereto, the Authority may appoint a
secretary and such other officers and employees as it may deem
necessary. The terms and conditions of employment of such staff,
and of the Chief Executive, shall be comparable with those of
employees in the service of the Government and shall be
established by the Authority with the concurrence of the Prime
Minister:
Provided that nothing in this article shall be construed as
precluding the establishment, by the Authority with the approval of
the Prime Minister given after consultation with the Minister
responsible for finance, of schemes of incentives related to
productivity or performance.
PART III 
Broadcasting Licences
Issue of 
broadcasting 
licences.
Amended by: 
XIV.1993.2;
XV.2000.3.
10. (1) Except as provided in this Act and in any other law,
freedom to broadcast and to receive broadcasts is guaranteed.
(2) No person may provide sound or television broadcasting
services in Malta for Malta or any part thereof without the licence
in writing of the Authority.
( 3 ) Subject to the provisions of this Act, a broadcasting licence
granted under this article may be issued under such terms,
conditions and limitations as the Authority may deem fit.
( 4 ) Licences may be of particular classes or descriptions and
shall in particular including licences for:
( a ) nationwide radio services; and 
( b ) community radio services.
( 5 ) Subject to any obligation assumed by Malta including
either an obligation of national treatment in respect of foreign
nationals or a clause of reciprocity applicable to control or
ownership of broadcasting media, a licence for any broadcasting
service may only be awarded to a partnership regularly constituted
in Malta in accordance with the law relating to commercial
partnerships for the time being in force in Malta, which, in the case
   BROADCASTING [ CAP. 350.        7
of a licence for community radio services is wholly owned by
citizens of Malta ordinarily resident in Malta, and in all other cases,
has a majority of its voting shares controlled by such citizens:
Provided that licences for community radio services may also
be awarded to individuals who are citizens of Malta and ordinarily
resident in Malta.
( 6 ) ( a ) No organisation, person or company may own, control
or be editorially responsible for more than -
(i) one terrestrial or cable, radio broadcasting
service; and
(ii) one terrestrial or cable, television broadcasting
service; and
(iii) one terrestrial or cable, radio or television
broadcasting service devoted exclusively to
teleshopping:
Provided that the Government may, through a company
designated by the Minister, by notice in the Gazette, as a company
providing public broadcasting services, own, control, or be
editorially responsible for any number of broadcasting services:
Provided further that the Government may not own any
broadcasting services or participate in their ownership other than
through such company, and that no other company in which the
Government has a controlling interest may own voting shares in a
company providing any broadcasting services.
( b ) For the purposes of this subarticle the simultaneous
transmission of the same broadcasting service by cable and
terrestrially shall be considered as one broadcasting service.
( c ) For the purposes of a licence for a television
broadcasting service, until such time as regulations are made in
terms of article 35, the Fourth Schedule to this Act shall  mutatis
mutandis  be applicable also to a television broadcasting service.
Cap. 248.
(7) Where the licensee is a partnership no person may act as a
director of such partnership unless he is qualified in terms of the
Press Act to be an editor of a newspaper.
( 8 ) The licensee of a community radio service shall before the
15th January of each calendar year declare in writing to the
Authority his intention to carry on providing broadcasting services
on the frequency specified in his licence for another year.
( 9 ) Licences for the services referred to in subarticle  ( 1 )  shall
include the conditions listed in the First Schedule to this Act:
Provided that community radio services shall be subject to
the minimum of regulation consistent with the public interest and
that such services shall be subject to conditions which, taken
together, are less onerous than those provided for nationwide radio
services.
( 10 ) Without prejudice to the generality of the foregoing, a
licence may in particular be subject to limitations regarding the
maximum time, the minimum time, or both the maximum and the
  8      CAP. 350. ]                BROADCASTING
minimum time, which is to be given each day to broadcasts by the
licensee, and as to the hours of the day in which such broadcasts are
or are not to be made, and it shall be the duty of the licensee to
comply with such limitations or other conditions.
( 11 ) On the breach of any terms, conditions or limitations
attached to a broadcasting licence, the persons committing such
breach shall be guilty of an offence against this Act.
( 12 ) A broadcasting licence unless previously revoked by the
Authority, shall continue in force for such period as may be
specified in the licence, provided that such period shall not exceed
eight years:
Provided that a licensee may not earlier than one year before
the expiration of a licence apply for a further licence, which licence
shall not be unreasonably refused.
Considerations to 
guide Authority in 
issue of 
broadcasting 
licences.
Amended by:
XV. 2000.4.
11. ( 1 ) When issuing broadcasting licences, the Authority
shall be guided by the following considerations - 
( a ) that the principles of freedom of expression and
pluralism shall be the basic principles that regulate the
provision of broadcasting services in Malta;
( b ) that a diverse system of public and private stations
with their own particular character, would be the best
system for the realisation of the basic principles above
referred to;
( c ) that private stations shall be allowed to operate in such
a way so as to ensure a distribution of programming
that appeals to general as well as to specific and
various interests, and in line with a national
broadcasting plan for the allocation of various
frequencies. The Second Schedule to this Act shall be
such National Broadcasting Plan and shall be drawn
up, and from time to time reviewed, by the Minister in
conjunction with the Minister responsible for Wireless
Telegraphy;
( d ) that no situation of monopoly or similar situation of a
small group of persons or in favour of any station or
group of stations should be allowed; and
( e ) that in granting licences to different persons on the
different frequencies allocated to it in terms of article
18, it shall also take into account the possibility of
broadcasting by cable or through such other
technological methods as may be possible.
(1A) The Minister may, in conjunction with the Minister
responsible for wireless telegraphy, from time to time, amend or
substitute the Second Schedule to this Act.
( 2 ) The Authority shall specifically consider:
( a ) that criteria for the assessment of applications for
licences shall include:
( i ) economic potential and viability,
   BROADCASTING [ CAP. 350.        9
( ii ) quality of scheduled programming, and
( iii ) technological and broadcasting plans and
projects;
( b ) that a licensee should be able to fulfil all his
obligations under this Act and to secure compliance
with all directives of the Authority as the Authority
may deem necessary or expedient for the proper
exercise of the functions described in article 119 of the
Constitution.
( 3 ) An applicant whose application has been refused by the
Authority and who feels that the Authority has not acted in
conformity with the rules of natural justice, or that it has acted in a
manner which is grossly unreasonable or with undue
discrimination, or whose application has been pending for at least
four months, may appeal against such decision or delay to the Court
of Appeal in accordance with the procedures laid down in article 16
( 5 ) ,  ( 6 ) ,  ( 7 ) ,  ( 9 )  and  ( 10 ) .
Right of the 
Authority to 
broadcast.
12. The Authority shall, subject to the provisions of this Act,
also have the power to do all such things as are in its opinion
necessary for or conducive to the proper discharge of its right under
article 3 ( 2 )  and, in particular, it shall for the purpose of discharging
that right, have power, if it so chooses - 
( a ) to establish, install and use stations for the provision
of broadcasting services;
( b ) to arrange for the provision and equipment of, or, if
need be, itself provide and equip studios and other
premises of television and sound broadcasting
purposes;
( c ) collect and diffuse news and information in Malta and
from any part of the world; and
( d ) to advance the skills of persons in broadcasting by
providing or assisting others to provide facilities for
training, education and research.
Freedom of 
reception and 
retransmission.
Added by:
XV. 2000.5.
12A. (1) Except as provided in this Act and in any other law,
freedom of reception and retransmission of radio and television
programmes is guaranteed.
(2) The Prime Minister may make regulations to regulate the
exercise of the freedoms mentioned aforesaid and he shall have the
power to prescribe such formalities, conditions and restrictions as
may appear to him to be necessary in this respect and reasonably
justifiable in a democratic society.
General provisions 
as to the provision 
of broadcasting 
services in Malta 
and regarding the 
Authority’s duties 
in respect thereof.
Amended by:
XV. 2000.6. 
13. ( 1 ) It shall be the duty of the Authority to discharge its
functions under this Act as respects the licensing of the services
referred to in article 3 ( 1 )  in the manner which it considers is best
calculated to ensure that a wide range of such services is available
throughout Malta.
( 2 ) It shall be the duty of the Authority to satisfy itself that, so
far as possible, the programmes broadcast by persons providing
  10      CAP. 350. ]                BROADCASTING
sound or television broadcasting services in Malta comply with the
following requirements, that is to say - 
( a ) that nothing is included in the programmes which
offends against religious sentiment, 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;
( b ) that all news given in the programmes  ( in whatever
form )  is presented with due accuracy; 
( c ) that sufficient time is given to news and current affairs
and that all news given in the programmes  ( in
whatever form )  is presented with due impartiality;
( d ) that proper proportions of the recorded and other
matter included in the programmes are in the Maltese
language and reflect Maltese cultural identity;
( e ) that the programmes broadcast contain a substantial
proportion of matter closely designed to appeal to the
interest, tastes and outlook of the general public; and
( f ) that due impartiality is preserved in respect of matters
of political or industrial controversy or relating to
current public policy: 
Provided that, except in the case of public broadcasting
services, in applying paragraphs  ( c )  to  ( f ) , the Authority shall be
able to consider the general output of programmes provided by the
various broadcasting licensees and contractors, together as a whole.
( 3 ) The Authority shall ensure that, for the continued operation
of the licence of a community radio service, the views and
expressions of the licensee or of particular persons or bodies, on
religious matters or on matters which are of political or industrial
controversy or relate to current public policy do not predominate.
( 4 ) It shall also be the duty of the Authority to organise from
time to time schemes of political broadcasts  ( including political
spots )  which fairly apportion facilities and time between the
different political parties represented in Parliament; to produce
properly balanced discussions or debates that afford access to
persons from different interest-groups and with different points of
view, and also to produce commentaries or other programmes about
questions relating to current public policy, wherein persons taking
part can put forward differing views and comments.
( 5 ) In order to fulfil its duty under subarticle  ( 4 ) , the Authority
shall in addition to all its other powers, have the right to order any
person or all persons providing broadcasting services in Malta for
reception in Malta to provide, free of charge, such recording and
other facilities as may be necessary for the production of the said
programmes for radio and television, as well as to transmit, free of
charge, on such days and at such times as the Authority shall direct,
the same programmes:
Provided that the powers of the Authority under this
subarticle may only be exercised in so far as that exercise is
reasonably justifiable in a democratic society.
   BROADCASTING [ CAP. 350.        11
Payment of 
broadcasting 
licence fees.
14. ( 1 ) On the issue and renewal of a broadcasting licence,
and, where the regulations under this Act so provide, at such times
thereafter as may be prescribed by the regulations, there shall be
paid by the persons applying for such issue or renewal such sums as
may be prescribed by regulations, and different provision may be
made in such regulations in relation to different licences, according
to the nature, terms, conditions, limitations and duration thereof:
Provided that the regulations made may contain provisions
authorising, in such cases as are not otherwise dealt with by the
regulations, the charge of such sums, whether on the issue or
renewal of the licence or subsequently, as in the particular case
appear to the Authority to be proper and justified.
( 2 ) The contracts between the Authority and broadcasting
contractors as may be appointed under article 3 shall provide for
payments by the broadcasting contractors to the Authority, as the
Authority may regard as necessary in order to discharge its duties
under this Act in relation to the broadcasting contractors in
question.
Directions by 
Authority.
15. It shall be lawful for the Authority to give to any person
providing, or responsible for the provision of, any sound or
television broadcasting service in Malta, such directions in writing
as the Authority may deem necessary or expedient for the proper
exercise of the functions described in article 119 of the
Constitution and for the proper discharge of any other duty or
function referred to in this Act, including directions not to
broadcast, or to broadcast, or to cause the broadcasting of, or
containing conditions as to the broadcasting of, any matter referred
to in the aforesaid provisions of the Constitution and of this Act,
and including directions requiring the provision in advance of
scripts and particulars of programmes, the provision of recordings
of programmes and the provision of such other information as the
Authority may reasonably require for the purposes aforesaid.
Broadcasting 
licences and 
contracts not 
assignable.
Amended by:
XV. 2000.7;
VI.2001.20.
16. (1) The following acts may not be carried out without the
previous consent in writing of the Authority, which shall not be
unreasonably withheld:
(i) the assignment of a broadcasting licence;
(ii) the transfer of shares in a company holding a
broadcasting licence;
(iii) the transfer of the effective control of a company
holding a broadcasting licence;
(iv) the transfer of managerial control of a
broadcasting station by a broadcasting licensee
to another person;
(v) the transfer of the beneficial ownership of a
company holding a broadcasting licence;
(vi) the merger of companies holding a broadcasting
licence:
Provided that in the case of broadcasting referred to in
article 16A(1)( a ) and ( b ) the functions granted to the Authority
under this subarticle shall be exercised by the Minister responsible
  12      CAP. 350. ]                BROADCASTING
for wireless telegraphy or by the person authorising such
broadcasting.
( 2 ) The Authority may require from time to time from
broadcasting licensees or contractors such declarations, returns,
accounts, documents and other information as the Authority may
consider necessary or advisable for the purpose of ensuring that the
requirements of this Act are complied with.
( 3 ) Every licence issued by the Authority as well as every
contract between the Authority and a broadcasting contractor shall
contain all such provisions  ( including provisions for the purposes
set out in the First Schedule to this Act )  as the Authority thinks
necessary or expedient for complying and securing compliance
with the provisions of this Act.
( 4 ) Without prejudice to the provisions of subarticle  ( 3 ) , every
licence issued by the Authority as well as every contract between
the Authority and a broadcasting contractor shall contain a
provision reserving to the Authority the right, in view of any
breaches by the broadcasting licensee or contractor of his
obligations with the Authority, to serve on the broadcasting
licensee or contractor, a notice in writing, taking effect forthwith or
on a date stated in the notice to determine the licence or contract, or
to suspend the operation of the licence or of the contract, as the
case may be, for such period as may be specified in the notice or
until a further notice is given.
( 5 ) Any broadcasting licensee who feels aggrieved by a
decision of the Authority to suspend or determine his licence in
terms of subarticle  ( 4 ) , may appeal against such decision, to the
Court of Appeal by an application filed within fifteen days from the
date of service upon him of the decision of the Authority.
( 6 ) Where an application is filed within the time limited by
subarticle  ( 5 ) , a copy thereof is also to be served on the Authority
which shall within fifteen days of such service file a reply in
justification of its decision.
( 7 ) The Court of Appeal shall on the lapse of the time stated in
the immediately preceding subarticle fix a date for the hearing of
the appeal, which shall be disposed of with urgency.
( 8 ) The Court of Appeal may on the application of the
appellant order the suspension of the decision of the Authority
pending the appeal.
Cap. 12. (9) ( a ) The Board established under article 29 of the Code of
Organization and Civil Procedure may make rules
concerning appeals to the Court of Appeal under this
article.
( b ) The Minister responsible for justice may by regulations
under this paragraph establish the fees payable in the
registry of the Court relative to the filing of judicial
acts in connection with appeals under this article:
Cap. 12.
Provided that until such fees are so established, the fees
contained in Schedule A to the Code of Organization and Civil
   BROADCASTING [ CAP. 350.        13
Procedure shall apply.
( 10 ) Where no valid appeal has been lodged within the time
limited by subarticle  ( 5 ) , or where the appeal has been withdrawn
or discontinued, or where the matter has been determined by the
Court of Appeal, the decision as regards suspension or determining
of the broadcasting licence in question shall be final and conclusive
for all purposes of this Act.
Scope of the 
provisions of this 
Act.
Added by:
XV. 2000.8.
Amended by:
VI. 2001.20.
16A. (1) The provisions of this Act shall apply to all
broadcasters under Maltese jurisdiction both as it exists at the time
of the coming into force of this article and as it may be defined and
extended from time to time by regulations made under article 37:
Provided that -
(a) the provisions of article 10(2) and (5) shall not apply
to -
(i) the provision of any sound or television
broadcasting services by the Government or by
any person, body or authority under licence from
or under arrangements with the Government;
and
(ii) any broadcasting licence granted prior to the 1st
June, 1991;
( b ) the provisions of article 10 other than those of
subarticles (10) and (11) thereof, and the provisions of
article 13(2)( d ) and (4) and (5), of articles 17 and 18,
and of article 23(2) shall not apply in respect of the
provision of any sound or television broadcasting by
satellite under a licence issued by the Government or
by any person, body or authority which the Minister
responsible for wireless telegraphy may by order made
under this article empower to issue such a licence.
(2) Broadcasting referred to in paragraph ( a )(i) and in
paragraph ( b ) of the proviso to subarticle (1) shall be subject to
such conditions as the Minister responsible for wireless telegraphy
or such person, body or authority as is mentioned in paragraph ( b )
of the proviso to subarticle (1), as the case may be, may deem
appropriate which conditions may also include conditions similar
in content to the provisions made inapplicable to such broadcasting
by virtue of the proviso to subarticle (1).
PART IV
Relations between the Minister responsible for Wireless 
Telegraphy and the Authority 
Interpretation.
Cap. 49.
17. In this Part -
"Minister" has the same meaning assigned to it in article 2 of the
Wireless Telegraphy Ordinance; and
"broadcasting frequencies" means particular frequencies for the
transmission of radio, television and other signals, emitted from
particular sources at particular strengths and in particular
  14      CAP. 350. ]                BROADCASTING
directions.
Broadcasting 
frequencies.
Amended by:
XV. 2000.9.
18. ( 1 ) The Minister may, by notice assign to the Authority,
for the purpose of the provision of services to be provided, licensed
or contracted by it under this Act, such broadcasting frequencies as
he may determine; and any frequency so assigned shall be taken to
be so assigned for the purpose only of being used for the provision
of those services:
Provided that after assigning a broadcasting frequency in
accordance with this subarticle the Minister may vary from time to
time the conditions regarding the use of that frequency by the
holder of the broadcasting licence after the Minister has heard the
submissions of the said licensee about the proposal for variation. A
decision of the Minister taken in terms of this proviso shall -
( a ) come into force after the said licensee is granted
reasonable notice of the date of entry into force of the
decision;
( b ) comply with the proportionality principle and is not
taken in a discriminatory manner;
( c ) be in writing;
( d ) include the reasons upon which it is based; and
( e ) be notified to the holder of the licence and published
in the Gazette.
( 2 ) Any frequency assigned by the Minister under subarticle  ( 1 )
may be so assigned for use only in such area or areas as may be
specified by the Minister when making the assignment.
( 3 ) In the grant of radio and television broadcasting licences
the Authority shall except where such broadcasts are to be
transmitted exclusively by wire, indicate the broadcasting
frequency to be used by the licensee, and it shall be the duty of the
licensee, to limit his broadcasts to such broadcasting frequency.
The Authority shall, in conjunction with the Minister, impose such
conditions as it deems fit with regard to the apparatus to be used by
the licensee and the manner in which such equipment is to be used
by the licensee and the licensee shall abide by such conditions.
( 4 ) The Authority shall ensure that the licensee limits his
transmissions to the broadcasting frequency indicated in the licence
and that he observes such conditions as may be imposed upon him
in virtue of subarticle  ( 3 ) .
( 5 ) The Minister shall give the Authority such technical
assistance as it may reasonably require in fulfilment of its duties
under this Act, against such payment as may from time to time be
agreed to between the Minister and the Authority.
PART V 
Codes 
Code for 
advertising and 
sponsorship.
19. ( 1 ) Advertisements shall only be allowed to be inserted in
the programmes broadcast by licensees and contractors of the
Authority as long as the provisions of this Act are complied with in
   BROADCASTING [ CAP. 350.        15
relation thereto. Other persons providing broadcasting services in
Malta shall be allowed to include advertisements and sponsorships
only if the Minister, after consultation with the Minister for
Wireless Telegraphy, has given directions to the Authority to that
effect by notice in writing, stipulating in such notice which
subarticles if any, or parts thereof, of this article shall have effect
for such other persons.
( 2 ) ( a ) It shall be the duty of the Authority subject to
subarticle  ( 1 ) , to secure that the provisions of the
Advertising and Sponsorship Code in the Third
Schedule to this Act are complied with.
( b ) The Authority may, in conjunction with the Minister,
from time to time amend, or substitute the Third
Schedule to this Act.
( 3 ) The Authority may, in the discharge of its general
responsibility for advertisements and methods of advertising,
impose requirements as to advertisements and methods of
advertising which go beyond the requirements imposed by the code
under this article.
( 4 ) The methods of control exercisable by the Authority for the
purpose of securing that the provisions of the code under this
article are complied with, and for the purpose of securing
compliance with requirements imposed under subarticle  ( 3 )  which
go beyond the requirements of the code, shall include a power to
give directions to any person providing broadcasting services in
Malta with respect to the classes and descriptions of advertisements
and methods of advertising to be excluded, or to be excluded in
particular circumstances, or with respect to the exclusion of a
particular advertisement, or its exclusion in particular
circumstances.
( 5 ) The Authority may give directions to any person providing
broadcasting services in Malta with respect to the time when
advertisements are to be allowed.
( 6 ) Subject to subarticles  ( 7 ) ,  ( 8 )  and  ( 9 ) , nothing shall be
included in any programmes broadcast by the Authority or by any
other person providing broadcasting services in Malta, whether in
an advertisement or not, which states, suggests or implies  ( or could
reasonably be taken to state, suggest or imply )  that any part of any
programme broadcast by the Authority or any other person
providing broadcasting services in Malta, as the case may be,
which is not an advertisement has been supplied or suggested by
any advertiser; and, except as an advertisement, nothing shall be
included in any programme broadcast by the Authority or by any
other person providing broadcasting services in Malta, which could
reasonably be supposed to have been included in the programme in
return for payment or other valuable consideration to the relevant
person providing broadcasting services in Malta.
( 7 ) Nothing in subarticle  ( 6 )  shall be construed as prohibiting
sponsorship, in whole or in part, of any particular programme or of
a series of programmes, provided that it shall clearly be identified
as such by appropriate credits at the beginning and /or end of the
  16      CAP. 350. ]                BROADCASTING
programme:
Provided further that the content and scheduling of sponsored
programmes may in no circumstances be influenced by the sponsor
in such a way as to affect the responsibility and editorial
independence of the broadcaster in respect of programmes:
Provided further that programmes may not be sponsored by
natural or legal persons whose principal activity is the manufacture
or sale of products, or the provision of services, the advertising of
which is otherwise prohibited:
Provided further that sponsorship of news and current affairs
programmes shall not be allowed.
( 8 ) Nothing in subarticle  ( 6 )  shall be construed as prohibiting
the inclusion of any of the following matters in any part of a
programme broadcast by the Authority or by any person providing
broadcasting services in Malta, which is not an advertisement,
namely -
( a ) items designed to give publicity to the needs or objects
of any association or organisation conducted for
charitable or benevolent purposes;
( b ) reviews of literary, artistic or other publications or
productions, including current entertainments;
( c ) items consisting of factual portrayals of doings,
happenings, places or things, being items which in the
opinion of the Authority are proper for inclusion by
reason of their intrinsic interest or instructiveness and
do not constitute an undue element of advertisement;
( d ) announcements of the place of any performance
included in the programme, or of the name and
description of the persons concerned as performers or
otherwise in any such performance, announcements of
the number and description of any record so included,
and acknowledgments of any permission granted in
respect of any such performance, persons or record;
and
( e ) such other matters, if any, as may be prescribed by
regulations made by the Authority in conjunction with
the Minister.
( 9 ) Nothing in subarticle  ( 6 )  shall be construed as prohibiting
the inclusion of an advertisement in any programme broadcast by
the Authority or by any person providing broadcasting services in
Malta, by reason only of the fact that it is related in subject-matter
to any part of that programme which is not an advertisement.
( 10 ) In so far as subarticle  ( 6 )  prohibits the inclusion in
programmes  ( other than advertisements )  broadcast by the Authority
or by any person providing broadcasting services in Malta, of
anything which could reasonably be supposed to have been
included therein in return for payment or other valuable
consideration to the Authority or the relevant person providing
broadcasting services in Malta, that subarticle shall not apply to
   BROADCASTING [ CAP. 350.        17
any programme so broadcast as part of an educational broadcasting
service approved by the Authority.
( 11 ) Directions under this article may be, to any degree, either
general or specific and qualified or unqualified and directions
under subarticle  ( 4 )  may, in particular, relate to - 
( a ) the greatest amount of time to be given to
advertisements in any hour or other period,
( b ) the minimum interval which must elapse between any
two periods given over to advertisements and the
number of such periods to be allowed in any
programme or item in a programme or in any hour or
day,
( c ) the exclusion of advertisements from a specified
broadcast, and may make different provision for
different parts of the day, different days of the week,
different types of programmes or for other differing
circumstances:
Provided that no such direction shall be given which is shown
not to be reasonably justifiable in a democratic society. In giving
such directions the Authority shall also be guided by such
international instruments relating thereto, and to which Malta is a
party.
( 12 ) Orders for the insertion of advertisements may be received
through advertising or other agents or direct from the advertiser,
but the Authority, broadcasting operators, licensees and contractors
shall not act as advertising agents. 
Code for 
programmes other 
than 
advertisements.
20. ( 1 ) The Authority shall, in conjunction with the Minister
draw up, and from time to time review, a code giving guidance - 
( a ) as to the rules to be observed in regard to the showing
of violence, and in regard to the inclusion in sound
broadcasts of sounds suggestive of violence,
particularly when children and young persons may be
expected to be watching or listening to the
programmes; and
( b ) as to such other matters concerning standards and
practice for programmes broadcast by the Authority or
by any person providing broadcasting services in
Malta, as the Authority may consider suitable for
inclusion in the code;
and, in considering what other matters ought to be included in the
code, the Authority shall have special regard to programmes
broadcast when children and young persons may be expected to be
watching or listening.
( 2 ) The Authority shall secure that the provisions of the code
under this article are observed in relation to all programmes
broadcast by any person providing broadcasting services in Malta.
( 3 ) The Authority may, in the discharge of its general
responsibility for programmes, impose requirements as to standards
  18      CAP. 350. ]                BROADCASTING
and practice for such programmes which go beyond, or relate to
matters not covered by, the provisions of the code under this article.
( 4 ) The methods of control exercisable by the Authority for the
purpose of securing that the provisions of the code under this
article are observed, and for the purpose of securing compliance
with requirements imposed under subarticle  ( 3 )  which go beyond,
or relate to matters not covered by, the code, shall include a power
to give directions to any person providing broadcasting services in
Malta imposing prohibitions or restrictions in respect of items of a
specified class or description or in respect a particular item.
( 5 ) The provisions of this article shall not apply to
advertisements covered by the Advertising and Sponsorship Code
referred to in article 19.
Code for teletext 
transmissions.
21. ( 1 ) If and when the Authority considers it necessary or
expedient, it -
( a ) may, in conjunction with the Minister, draw up, and
from time to time review, a code giving guidance as to
such matters concerning standards and practice for
teletext transmissions  ( including advertisements )
broadcast by the Authority or by any other person
providing broadcasting services in Malta, as the
Authority may consider suitable for inclusion in the
code; and
( b ) shall secure that the provisions of the code are
observed in relation to all teletext transmissions
broadcast by the Authority or by any other person
providing broadcasting services in Malta.
( 2 ) The Authority may, in the discharge of its general
responsibility to monitor and supervise all broadcasting services
provided in Malta, impose requirements as to standards and
practice for teletext transmissions broadcast by it or by any other
person providing broadcasting services in Malta, which go beyond,
or relate to matters not covered by, the provisions of the code.
( 3 ) The methods of control exercisable by the Authority - 
( a ) for the purpose of securing that the provisions of the
code are observed; and
( b ) for the purpose of securing compliance with
requirements imposed under subarticle  ( 2 )  which go
beyond, or relate to matters not covered by, the code,
shall include a power to give directions to any person providing
teletext services imposing prohibitions or restrictions as respects
items of a specified class or description or as respects a particular
item.
Complaints 
procedure.
Added by:
XV. 2000. 10.
21A. (1) Affected third parties may apply to the Authority
seeking effective compliance by broadcasters with the provisions
of this Act.
(2) The Authority shall draw up a Code for the investigation
and determination of complaints.
   BROADCASTING [ CAP. 350.        19
(3) Notwithstanding the provisions of any other law, the
Authority shall be entitled to provide a copy of any broadcast to
any person feeling aggrieved by the content of such broadcast.
Such copy shall be provided against payment of such reasonable
cost-based fee as the Authority may determine.
(4) The Authority may make regulations providing for the
procedure, time limit and fees for the granting of a copy of any
broadcast by a broadcasting station to any person feeling aggrieved
by the content of such broadcast.
Publication of 
Codes.
Added by:
XV. 2000. 10.
21B. The Authority shall publish in the Gazette all Codes made
in terms of this Part of this Act.
Prohibition of 
certain devices.
22. ( 1 ) It shall be the duty of the Authority to satisfy itself that
the programmes broadcast by the Authority or by any person
providing broadcasting services in Malta do not include, whether in
an advertisement or otherwise, any technical device which, by
using images of very brief duration or by any other means, exploits
the possibility of conveying a message to, or otherwise influencing
the minds of, members of an audience without their being aware, or
fully aware, of what has been done.
( 2 ) It is prohibited to broadcast coded messages. 
PART VI
Programme Schedules
Submission for 
Authority’s 
approval.
23. ( 1 ) Without prejudice to the generality of the provisions of
article 15, and in addition to all the powers vested in the Authority
in virtue of that article, in the case of programmes other than
advertisements, in the discharge of its duties under article 20, in
relation to both television and sound broadcasts, the Authority shall
examine the programme schedules to be submitted by all persons
providing broadcasting services in Malta, and for such purpose all
persons providing such services in Malta shall submit such
programme schedules to the Authority at such intervals and at such
times, as the Authority may direct:
Provided that, other than with regard to subarticle  ( 1 ) , all
classes of radio services, other than those provided as part of public
broadcasting services, shall be exempt from the requirements of all
the other subarticles of this article:
Provided further that the Authority may exempt all or any
classes of broadcasting services, other than public broadcasting
services, from requirements of this article.
( 2 ) Subject to subarticles  ( 1 )  and  ( 6 ) , no person providing
broadcasting services in Malta may transmit any programme unless
it forms part of a programme schedule approved in writing, in
advance, by the Authority, in accordance with this article.
( 3 ) A programme schedule - 
( a ) shall be drawn up in consultation with the Authority,
and 
  20      CAP. 350. ]                BROADCASTING
( b ) shall be for a period to be determined by the Authority;
and the Authority may give to any person providing broadcasting
services in Malta such directions as appear to the Authority
expedient for the purpose of ensuring that the Authority will have
sufficient time to discharge its responsibilities in the consideration
of programme schedules.
( 4 ) The Authority may give directions, which may be, to any
degree, either general or specific and qualified or unqualified - 
( a ) as to the exclusion of any item from a programme
schedule;
( b ) as to the inclusion in, or in a particular part of, a
programme schedule of an item, or items, of a
particular category; or
( c ) as to the inclusion in a particular part of a programme
schedule of a particular item;
and the Authority shall not approve a programme schedule until it
is satisfied that it conforms with any directions given under this
article.
( 5 ) Without prejudice to the Authority’s power to approve for
the purposes of this article a revised or amended version of a
programme schedule previously approved by it, the Authority may,
if it thinks fit so to do in view of any change of circumstances
occurring after a programme schedule has been approved by it,
permit any person providing broadcasting services in Malta to
make such alterations in that programme schedule as the Authority
may approve, being alterations proposed to it in any convenient
manner; and a programme schedule in which alterations have been
made by virtue of this subarticle shall, as so altered, be treated as
having been approved by the Authority in accordance with this
article.
( 6 ) The Authority may give directions, which may be, to any
degree, either general or specific and conditional or unconditional,
authorising the making of alterations in any approved programme
schedule without prior reference to the Authority - 
( a ) where it is difficult or impracticable for the person
providing broadcasting services in Malta to
communicate with the Authority in the time available,
or
( b ) in the event of a technical breakdown;
and the programmes contained in a programme schedule in which
alterations are made by virtue of this subarticle may be broadcast
by the relevant person providing broadcasting services in Malta
notwithstanding those alterations.
( 7 ) The Authority’s approval under this article may be given
subject to such exception, reservations and qualifications as the
Authority thinks fit; and the Authority may at any time call for
further particulars of a programme schedule submitted to it, or of
any item in the programme schedule.
   BROADCASTING [ CAP. 350.        21
PART VII 
Financial Provisions
Revenue of 
Authority.
24. ( 1 ) ( a ) The revenue of the Authority shall consist of - 
( i ) such sums as Parliament shall each year
determine to be payable to the Authority;
( ii ) thirty  per centum , or a percentage being not less
than fifteen  per centum  and not more than fifty
per centum  which may by regulation be
stipulated by the Prime Minister in consultation
with the Minister responsible for finance, of the
revenue accruing to the Government from
wireless and television licenees after deducting a
per centum  in respect of expenditure reasonably
incurred for the collection thereof;
( iii ) the revenue accruing to the Authority from
broadcasting licences, as provided in article
14 ( 1 ) ; and
( iv ) such sums as may from time to time be payable
to the Authority by a broadcasting contractor or
cable or other broadcasting operator as provided
in article 14 ( 2 )  and article 3 ( 3 ) .
( b ) The sum to be paid to the Authority in terms of
paragraph  ( a )( i )  and  ( ii )  shall not be less than two
hundred and fifty thousand liri per year, and any sum
payable to the Authority in virtue of the said
paragraphs shall be a charge upon the Consolidated
Fund.
( 2 ) Subarticle  ( 1 )  shall be without prejudice to the provisions
of article 118 ( 8 )  of the Constitution.
Payments by 
Authority.
25. ( 1 ) The revenue of the Authority may be applied for the
payment of -
( a ) remuneration, allowances, salaries, wages, special
contributions, gratuities, pensions, and working
expenses; and 
( b ) all other expenses which the Authority may properly
incur in connection with the performance of its
functions under this Act.
( 2 ) No expenditure shall be made or incurred by the Authority
that is not covered by its revenue, except as may be necessary for
the fulfilment of its functions under article 119 ( 1 )  of the
Constitution.
( 3 ) Any excess of the revenue of the Authority for any financial
year over the total sums properly chargeable by the Authority to the
revenue account for that year shall be applied by the Authority, due
regard being had to the desirability of applying such moneys for the
further improvement and extension of broadcasting services in
Malta, in such manner as the Prime Minister, after consultation
with the Minister responsible for finance, and with the Authority,
  22      CAP. 350. ]                BROADCASTING
may direct.
( 4 ) Any direction given under the last preceding subarticle may
require the whole or any part of any such excess as aforesaid to be
paid into the Consolidated Fund.
Investment of 
funds.
26. Any funds of the Authority not immediately required to be
expended in the meeting of any obligations or the carrying out of
any functions of the Authority may be invested from time to time in
a reserve fund which is to be established by the Authority.
Estimates of the 
Authority.
27. ( 1 ) The Authority shall in every financial year cause to be
prepared, and shall not later than eight weeks before the end of
each such year adopt, estimates of the income and expenditure of
the Authority for the next following financial year.
( 2 ) The estimates shall be made out in such form and shall
contain such information and such comparisons with previous years
as the Prime Minister, after consultation with the Minister
responsible for finance, may require.
( 3 ) A copy of the estimates of the Authority shall, upon their
adoption by the Authority, be sent forthwith by the Authority to the
Prime Minister. 
( 4 ) The Prime Minister shall, at the earliest opportunity, and
not later than the first sitting of the House of Representatives after
six weeks from the receipt of the copy of the estimates of the
Authority, cause such estimates to be laid before the House of
Representatives.
( 5 ) The Authority’s estimates shall, as soon as practicable, be
published in the Government Gazette.
( 6 ) All duties imposed by subarticles  ( 1 )  to  ( 5 )  shall be without
prejudice to the provisions of article 118 ( 8 )  of the Constitution.
Accounts and 
Audit.
Amended by:
XVI. 1997.8.
28. ( 1 ) The Authority shall cause to be kept proper accounts
and other records in respect to its functions and shall prepare in
respect of each financial year a statement of accounts in such form
as the Prime Minister may direct, being a form which shall conform
with the best accounting standards.
( 2 ) The accounts of the Authority shall be audited by an auditor
or auditors to be appointed by it and approved by the Prime
Minister:
Provided that the Prime Minister may require the books and
accounts of the Authority to be audited or examined by the Auditor
General who shall for this purpose have power to carry out such
physical checking and other verifications as he may deem
necessary.
( 3 ) Before the end of each financial year, the Prime Minister
shall cause to be laid on the Table of the House of Representatives,
together with the estimates referred to in article 27, a copy of the
statement of account and any financial report in respect of the
immediately preceding full year.
   BROADCASTING [ CAP. 350.        23
Cash deposits and 
payments.
29. ( 1 ) All moneys of the Authority accruing from any
operations under this Act shall be paid into a bank or banks
appointed by resolution of the Authority and approved by the Prime
Minister. Such moneys shall, as far as practicable, be paid into the
bank from day to day, except such sum as the Authority may
authorise to be retained to meet petty disbursements and immediate
payments.
( 2 ) All payments out of the funds of the Authority, shall be
made by such officer or officers of the Authority as the Authority
shall appoint or designate for that purpose.
( 3 ) Cheques against or withdrawals from any bank account of
the Authority shall be signed by such officer of the Authority as
may be designated by the Authority for that purpose and shall be
countersigned by the Chairman or such other member of the
Authority or other officer of the Authority as may be authorised by
the Authority for that purpose.
Annual Report.
each year make and transmit to the Prime Minister a report dealing
generally with the activities of the Authority during the previous
financial year and of its plans for subsequent years. The Prime
Minister shall as soon as possible lay a copy of that report on the
Table of the House.
( 2 ) The report referred to in subarticle  ( 1 )  shall include the
results of independent audience research which ascertains:
( a ) the state of listenership or viewership of broadcasting
services provided in Malta;
( b ) the state of public opinion concerning programmes
included in broadcasting services provided in Malta;
( c ) any effects of such programmes on the attitudes or
behaviour of those who watch them; and
( d ) the types of programmes that members of the public
would like to be included in broadcasting services
provided in Malta.
( 3 ) The report referred to in subarticle  ( 1 )  shall, in the same or
in a different format as the Authority may deem necessary, be
published and made available to the general public, at a reasonable
charge, by the end of June of each year.
PART VIII
Contracts and Power to Acquire or Dispose of Property
Contracts of supply 
or works.
31. Except with the approval of the Prime Minister granted for
special reasons, the Authority shall not enter into any contract for
the supply of goods or materials or for the execution of works
which is estimated by the Authority to exceed in value three
thousand liri, or such other sum as the Prime Minister in
consultation with the Minister responsible for finance may fix by
notice in the Gazette, unless after notice of the intention of the
Authority to enter into the contract has been published and
  24      CAP. 350. ]                BROADCASTING
competitive tenders have been issued.
Power to acquire or 
dispose of 
property.
32. ( 1 ) Subject to the provisions of the last preceding article,
the Authority may, for the purpose of the due and efficient
discharge of its functions under this Act - 
( a ) purchase or otherwise acquire and hold any movable
property and dispose of any such property; and
( b ) purchase or otherwise acquire and hold any lands or
other immovable property or interest therein and take
any such property on lease or any title whatsoever.
( 2 ) The Authority may, with the written approval of the Prime
Minister, alienate any lands or other immovable property or any
interest therein, in whichever way acquired by the Authority, and
may also, with the consent of the Prime Minister, grant a lease of
such lands or property for any period.
PART IX
 Miscellaneous Provisions
Advisory 
committees.
33. The Authority may appoint, or designate any organ, as
advisory committees to give advice to the Authority and to any
person providing broadcasting services in Malta, on educational
and religious matters, on standards of conduct in the advertising of
goods or services, and on such other matters as the Authority may
determine.
Unjust and unfair 
treatment or 
infringement of 
privacy.
34. ( 1 ) Without prejudice to all its other powers and functions
in accordance with the Constitution, and this Act, the Authority
shall have the power and duty to consider complaints of -
( a ) unjust or unfair treatment in sound or television
programmes broadcast by any person providing
broadcasting services in Malta;
( b ) unwarranted infringement of privacy in, or in
connection with the obtaining of material included in,
sound or television programmes so broadcast.
( 2 ) For the purposes of this article, complaints are to be
submitted in writing by the person affected or by a person
authorised by him to make the complaint for him.
( 3 ) For the purposes of this article -
"the person affected" - 
( a ) in relation to any unjust or unfair treatment as is
mentioned in subarticle  ( 1 ) , means a participant in the
programme in question who was the subject of that
treatment or a person who, whether such a participant
or not, had a direct interest in the subject-matter of that
treatment;
( b ) in relation to any such unwarranted infringement of
privacy as is so mentioned, means a person whose
privacy was infringed;
and 
   BROADCASTING [ CAP. 350.        25
"unjust or unfair treatment" includes treatment which is unjust or
unfair because of the way in which material included in a
programme had been selected or arranged.
Power to make 
regulations.
35. ( 1 ) The Authority may, in conjunction with the Minister
and the Minister responsible for Wireless Telegraphy make
regulations, not inconsistent with the provisions of this Act, to
prescribe -
( a ) the method of application, including the forms, to be
used in an application for a broadcasting licence;
( b ) the information of a technical nature or otherwise to be
supplied with each application;
( c ) the conditions under which a broadcasting licence may
be issued, as well as the conditions under which it can
be amended, altered, suspended or revoked;
( d ) the conditions under which any installation, apparatus
or other property of a broadcasting licensee, shall be
installed, worked, operated, maintained, protected,
controlled or in any way safeguarded and the
prohibition of the use of any dangerous installation,
apparatus or fittings;
( e ) any tariff of prices, fees and charges which may be or
are required to be prescribed by or under the
provisions made thereunder and the time, place and
manner for the payment of such prices, fees or charges
and the mode of collecting and disposal thereof;
( f ) the period for which a broadcasting licence shall
remain operative; 
( g ) the conditions under which any persons holding a
broadcasting licence under this Act shall operate
broadcasting services;
( h ) the qualifications to be possessed by persons before
they may be entrusted with the construction, repair,
alteration or control of any apparatus or installation to
be availed of by any broadcasting contractor or
licensee, and the nature of the tests to be employed for
ascertaining whether persons possess such
qualifications;
( i ) without prejudice to the generality of paragraph  ( c ) ,
such technical conditions under which a broadcasting
licence may be issued, and the mode of verification of
such conditions, including in particular the
characteristics of the emitted signals and the
broadcasting equipment used, the place of
transmission, the upper limit of effective radiated
power and protection against potential interference
with other telecommunication activities; 
( j ) the measures to be taken and the fittings to be supplied
and used in connection with installations in order to
secure public safety and private safety;
  26      CAP. 350. ]                BROADCASTING
( k ) the means to be adopted, whether by prohibition or
otherwise, to prevent or abate any danger, damage or
nuisance likely to arise or arising from the working of
any installations or apparatus used by a broadcasting
contractor or licensee;
( l ) any other matter which may be or is required to be
prescribed by this Act; and
( m ) any other matter which may appear to the Authority
necessary or expedient for the better carrying out of
the provisions of this Act for securing the safety of the
public, or for giving effect to, and securing compliance
with, any or all of the directives or codes which may
be issued by the Authority by virtue of this Act, or in
general for ensuring adequate broadcasting services or
the proper monitoring and supervision of such services
in Malta.
( 2 ) The Fourth Schedule to this Act shall until such time as
regulations are made in terms of subarticle  ( 1 )  regulate the matters
for which regulations may be made in terms of the said subarticle.
Powers of the 
President.
36. ( 1 ) The Prime Minister may, if it appears to him to be
necessary or expedient to do so, advise the President to require the
Authority, by notice in writing, to broadcast and/or to cause the
broadcast by any person providing broadcasting services in Malta,
free of charge, and at such times as may be specified in the notice,
any announcement or other material so specified, with or without
visual images of any picture, scene or object mentioned in such
announcement or other material, and it shall be the duty of the
Authority and of any person providing broadcasting services to
comply with any such notice.
( 2 ) Where the Authority, or any person providing broadcasting
services in Malta, publishes any announcement or other material in
pursuance of a notice under subarticle  ( 1 ) , it may announce that it is
so doing in pursuance of such a direction.
( 3 ) The Prime Minister may, if it appears to him to be
necessary or expedient to do so, advise the President to require the
Authority, by notice in writing, to refrain from broadcasting any
matter or classes of matter specified in the notice, and it shall be
the duty of the Authority and of any person providing broadcasting
services to comply with any such notice.
( 4 ) The Prime Minister may, if it appears to him to be
necessary or expedient to do so, advise the President to give
directions to the Authority, by notice in writing, as to the maximum
time, the minimum time, both the maximum and minimum time,
which is to be given each day to broadcasts from any sound or
television broadcasting station, and as to the hours of the day in
which such broadcasts are or are not to be given, and it shall be the
duty of the Authority and of any person providing broadcasting
services to comply with any such notice.
( 5 ) The duties imposed on the Authority by this article shall be
without prejudice to the provisions of article 118 ( 8 )  of the
   BROADCASTING [ CAP. 350.        27
Constitution.
( 6 ) The powers of the President in terms of this article may
only be exercised in so far as they are reasonably justifiable in a
democratic society. 
International 
obligations.
Amended by:
XV. 2000.11.
37. (1) The Prime Minister may, by notice in writing, give
directions to the Authority to conform, through regulations and
directions made or issued in terms of this Act, with any
international obligation of Malta.
(2) The Prime Minister may make regulations:
( a ) to reserve for works originating in such countries as
the Prime Minister may by order prescribe and for
works mentioned in article 13(2)( d ), proportions or
maximum limits of broadcasting transmission time;
( b ) to reserve a proportion of broadcasting transmission
time or of a station’s programming budget for works of
independent producers originating in such countries as
the Prime Minister may determine;
( c ) to promote the distribution and production of audio-
visual works and television broadcasts;
( d ) to regulate the television transmission of events which
he considers as being of major importance for society
and to order that such events be transmitted via live
coverage or deferred coverage on free television
accessible to the general public;
( e ) to define which television broadcasters and which
television broadcasting activities fall within the
jurisdiction of Malta and to extend the jurisdiction of
Malta upon broadcasters and television broadcasting
activities so as to render more effective the provisions
of this Act or to ensure the implementation of
international obligations which Malta assumes or
intends to assume;
( f ) to prescribe the measures which may be taken in
respect of broadcasters or other persons who fail to
comply with any regulations made under the preceding
paragraphs of this subarticle and to render article 41
applicable to the violation of regulations made under
this subarticle.
Offences and 
penalties.
38. ( 1 ) Any person who acts in contravention of any of the
provisions of this Act or of any regulation or direction made or
given thereunder or fails to abide with any conditions imposed in
any licence granted by this Act or to act in conformity with any
such licence or any provision of this Act, or regulation or direction
made or given thereunder shall be guilty of an offence against this
Act and shall, on conviction, be liable to imprisonment not
exceeding six months and to a fine  ( multa )  not exceeding five
thousand liri or to both such fine and imprisonment:
Provided that in the case of a second conviction the penalty
  28      CAP. 350. ]                BROADCASTING
shall be not less than a fine  ( multa )  of one thousand liri and in the
case of a third and subsequent conviction the penalty shall be not
less than a fine  ( multa )  of five thousand liri:
Provided further that in the case of a continuing offence there
shall be awarded in addition an additional fine  ( multa )  of not more
than one hundred liri for each day during which the offence has
continued.
( 2 ) It shall be the duty of every person who owns or otherwise
has in his possession any equipment or other movable thing
whatsoever that may be used for the purposes of broadcasting to
ensure at all times that such equipment is not used in the making of
any broadcast in contravention of the provisions of this Act, and
without prejudice to the provisions of any other law relating to
forfeiture, any equipment or other movable things whatsoever,
whether of the same kind or not, kept or used for or in connection
with the provision of broadcasting services in contravention of any
of the provisions of this Act or the making of any broadcast in
contravention of any of the provisions of this Act, shall be forfeited
in favour of the Government, and such forfeiture shall be ordered
by the court in any case and whether or not such equipment, or
thing are the property of, or are kept or used by, the person
convicted or are the property of or are kept or used by any other
person whatsoever.
( 3 ) For the purposes of subarticle  ( 1 )  a broadcasting contract as
is referred to in article 3 ( 4 )  shall be deemed to be a licence granted
under this Act.
( 4 ) Where an offence against this Act is committed by a body
corporate, any person who at the time of the commission of the
offence was a director, manager, secretary, or other similar officer
of the body corporate, or was purporting to act in any such
capacity, shall be deemed to be guilty of that offence, unless he
proves that the offence was committed without his consent or
connivance and that he exercised all such diligence to prevent the
commission of the offence as he ought to have exercised having
regard to the nature of his functions in that capacity and to all the
circumstances.
Exemptions. 
Amended by:
XV. 2000.12.
Cap. 294.
39. ( 1 ) No stamp duty shall be payable by the Authority in
respect of any instrument, writing or print in respect of which, but
for the provisions of this article, duty would be payable by the
Authority under the Duty on Documents Act * .
Cap. 123.
( 2 ) The income of the Authority shall be exempted from
payment of tax under the Income Tax Act.
Cap. 49.
Cap. 250.
( 3 ) The Authority and any of its broadcasting contractors or
licensees shall be exempted from obtaining a licence to broadcast
under the Wireless Telegraphy Ordinance or a licence to transmit
under the Telemalta Corporation Act † .
*Repealed by Act XVII of 1993 (Chapter 364).
†Repealed by Act XXXIII of 1997 (Chapter 399).
   BROADCASTING [ CAP. 350.        29
“Must carry” 
obligations. 
Substituted by:
XV. 2000.13.
40. (1)  Any person licensed to operate a cable television
system or any other system for the retransmission of a number of
television broadcasting services to the public shall distribute over
such system all television broadcasting services other than services
devoted entirely to teleshopping, licensed in Malta and receivable
terrestrially and free of charge by the general public in Malta.
(2) The Minister responsible for wireless telegraphy may by
regulations provide for an obligation of retransmission over the
systems mentioned in subarticle (1) of other television broadcasting
services, also including services devoted entirely to teleshopping,
under such conditions, which may also include an obligation to pay
compensation to the operator of any said system, as the said
Minister deems appropriate.
Special 
administrative 
procedure.
Added by:
XV. 2000.14.
41. (1) Notwithstanding any other provision of this Act, the
offences listed in the First Column of the Fifth Schedule to this Act
shall be administrative offences punishable by the Authority. 
(2) The imposition by the Authority of an administrative
sanction in terms of this article shall be without prejudice to any
other consequences of the act or omission of the offender under
civil or administrative law. 
(3) The Authority shall observe the guarantees of fair and
public hearing in its determination as to whether a person is guilty
of an administrative offence in terms of this article. 
(4) When the Authority is satisfied that a person has
committed an offence against any provision of this Act listed in the
First Column of the Fifth Schedule to this Act, the Authority may - 
( a ) issue a warning in writing to such person; or 
( b ) direct such person not to broadcast for a specified
period of time and, if the Authority so directs, it shall
order such person to transmit free of charge during the
time within which it is not broadcasting a notice to the
effect that the station in question has been put off air
for such period of time by order of the Authority in
terms of this paragraph; or 
( c ) impose an administrative penalty on such person in
accordance with the penalties established in the
Second Column of the Fifth Schedule to this Act and
subject to the provisions of paragraph 1 of the said
Schedule:
Provided that the Authority may not require the
payment of a penalty higher than five thousand liri or
such other amount which the Prime Minister may by
order prescribe which amount shall not exceed the sum
of fifteen thousand liri and the Authority shall not
impose on such person who is found guilty of more
than one offence in the same charge the payment of a
penalty higher than five thousand liri or such other
amount which may be prescribed by the Prime
Minister as aforesaid:
  30      CAP. 350. ]                BROADCASTING
Provided further that the Authority may also
impose a suspended penalty which penalty shall be
paid within such period as the Authority may establish.
The Authority may also determine such conditions,
limitations and restrictions both with regard to the
penalty and the suspended penalty as it may deem fit;
or 
( d ) apply separately or concurrently the measures
mentioned in paragraphs ( b ) and ( c ) against such
person. 
(5) Where a notice of a charge under this article has been
given, the person named in the notice may, within such period as
the Authority may approve from the date of the service of the
notice, accept responsibility for the offence specified in the notice
and, within the same period or such further period as the Authority
may allow, remedy the offence and pay, or undertake in writing to
pay, the penalty indicated in the notice or such penalty as the
Authority may accept in accordance with the provisions of the Fifth
Schedule to this Act, and in any such case -
( a ) the person named in the notice shall be deemed to have
committed the offence and to have admitted his guilt in
respect thereof, and the penalty paid, or agreed to be
paid, shall be the penalty mentioned in the Third
Column of the Fifth Schedule to this Act;
( b ) if the offence is remedied and the penalty is paid
within the period, or further period, aforesaid, no
further proceedings may be taken against the said
person in respect of the same facts;
( c ) if the penalty is not paid within the period given in the
notice, or further period as the Authority may
establish, the Authority may, without prejudice to its
right to collect the penalty, also apply the provisions of
subarticle (4)( b ).
(6) The Authority’s decision shall be final; provided that
compliance with the Authority’s decision shall not be interpreted as
a renunciation to the right to seek judicial review.
(7) A synopsis of the Authority’s decision in terms of this
article shall be broadcast in the main news bulletin of the offending
broadcasting station or during such time as the Authority may
direct.
Cap. 12.
(8) Any administrative penalty imposed by the Authority or
agreed to by the accused in terms of this article shall be due to the
Authority as a civil debt, constituting an executive title for the
purposes of Title VII of Part I of Book Second of the Code of
Organization and Civil Procedure as if payment of the amount of
the fine had been ordered by a judgement of a court of civil
jurisdiction.
(9) The de-penalisation of the offences listed in the Fifth
Schedule to this Act shall be without prejudice to any criminal
offence committed prior to the coming into force of this article and
   BROADCASTING [ CAP. 350.        31
to liability to prosecution and punishment for the same according to
the law in force at the time of the offence:
Provided that in any such proceedings the accused may, at
any time before the case is put off for judgement, elect to avail
himself of the possibility of paying a reduced administrative
penalty in lieu of prosecution in accordance with the Fifth Schedule
to this Act and, upon proof of payment of the said penalty, such
proceedings shall cease and no further proceedings may be taken
against the accused in respect of the same facts.
(10) The Authority may in conjunction with the Prime Minister
make regulations to give better effect to the provisions of this
article and may also amend or substitute the Fifth Schedule to this
Act, whether in part or in whole.
  32      CAP. 350. ]                BROADCASTING
Amended by: FIRST SCHEDULE
XV. 2000.15.
 Article 16  ( 3 )
PURPOSES FOR WHICH PROVISION IS TO BE MADE 
IN LICENCES AND CONTRACTS 
FOR THE PROVISION OF BROADCASTING SERVICES 
1. A licence shall include - 
( a ) such conditions as appear to the Authority to be appropriate having
regard to any duties which are or may be imposed on them, or on the
licensee, by or under this Act;
( b ) conditions enabling the supervision and enforcement of technical
standards in connection with the provision of the licensed service
( including the use of the allocated frequency ) ;
( c ) conditions requiring the payment by the licensee  ( whether on the grant
of the licence or at such times thereafter as may be determined by or
under the licence, or both )  of a fee or fees of an amount or amounts so
determined;
( d ) conditions requiring the licensee to furnish the Authority, in such
manner and at such times as it may reasonably require, with such
information  ( including documents, returns, accounts and declarations )
as it may require for the purpose of exercising the functions assigned to
it by or under this Act;
( e ) conditions requiring the licensee, if found by the Authority to be in
breach of any condition of his licence, to reimburse to the Authority, in
such circumstances as are specified in any conditions, any costs
reasonably incurred by it in connection with the breach of that
condition;
( f ) conditions providing for such incidental and supplemental matters as
appear to the Authority to be appropriate;
( g ) conditions requiring licensees, other than those providing community
radio services, within each financial year, to present to the Authority
copies of their audited accounts for the previous financial year, a
declaration as of the 31st December of each year as to the licensees’
affairs/corporate structures as well as reports on the state of public
opinion concerning their programme services;
( h ) conditions relating to the broadcasting equipment to be used by the
licensee.
2. A licence shall in particular include -
( a ) conditions requiring the licensee - 
( i ) to comply with any direction given by the Authority as to such
matters as are specified in the licence or are of a description so
specified;
( ii ) ( except to the extent that the Authority consent to his doing or not
doing them )  not to do or to do such things as are specified in the
licence or are of a description so specified;
( iii ) to comply with the programme service  ( "promise of
performance" )  as approved by the Authority;
   BROADCASTING [ CAP. 350.        33
( b ) conditions requiring the licensee to permit - 
( i ) any employee of, or person authorised by, the Authority, or
( ii ) any officer of, or person authorised by, the Minister responsible
for Wireless Telegraphy,
to enter any premises which are used in connection with the
broadcasting of the licensed service and to inspect, examine, operate or
test any equipment on the premises which is used in that connection;
and
( c ) conditions requiring the licensee - 
( i ) to retain, for a period of 90 days, a recording of every programme
included in the licensed service;
( ii ) at the request of the Authority or of a court of law, to produce to it
any such recording;
( iii ) to retain, for a period of one year, a transcript of every news
programme included in the licensed service;
( iv ) at the request of the Authority or of a court of law, to produce to it
any such news transcript and any other script or transcript of a
programme included in the licensed service which he is able to
produce to it;
( v ) to keep full logs for a twelve month period of all transmissions of
the licensed service; 
( vi ) at the request of the Authority, or of a court of law, to produce to
it such logs;
( vii ) to adopt procedures to handle complaints from viewers and
listeners.
3. A licence for community radio services shall include conditions preventing
the licensee from - 
( a ) utilising any of the frequencies allocated to Malta in terms of
international agreements;
( b ) interfering with any national broadcasting station received in Malta
whether originating from Malta or from abroad;
( c ) interfering with any of the nationwide radio services;
( d ) having more power than is reasonably required for the purpose of
transmission. The Authority shall, in conjunction with the Department
responsible for wireless telegraphy, establish such amount of reasonable
power and, in doing so, shall take into account the variations which
occur from place to place due to the topography of the locality involved;
( e ) including anything in programmes which offends against 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; 
( f ) transmitting news or current affairs programmes except of a community
nature; and
( g ) utilising an allocated frequency for less than 20 hours per week.
  34      CAP. 350. ]                BROADCASTING
Amended by: SECOND SCHEDULE
XV. 2000.16.
Article 11  ( 1 )   ( c )
NATIONAL BROADCASTING PLAN
  General Principles
1. The National Broadcasting Plan gives expression to the following
principles:
( a ) Freedom of expression, as enshrined in article 41 of the Constitution,
should be interpreted as guaranteeing pluralism in broadcasting. This
article guarantees freedom to receive ideas and information without
interference, and freedom to communicate ideas and information
without interference  ( whether the communication be to the public
generally or to any person or class of persons ) .
( b ) The public broadcasting services should remain independent of
Government editorially and, to the greatest extent possible, in economic
and regulatory terms.
( c ) Because of broadcasting’s power, immediacy and influence, there
should be continued provisions, through both the law and regulatory
oversight, governing programme standards, including the portrayal of
violence and sex.
( d ) There are significant differences between radio and television as
broadcasting media which need to be reflected in their respective
regulatory arrangements.
( e ) There should be opportunities for new services to develop, as the
market demands, and Government should not attempt to determine
artificially the relative success of different technologies.
( f ) There should be no unnecessary constraints on increasing the range,
variety and quality of programmes from which viewers and listeners can
choose.
( g ) There should be increasing opportunities for direct choice of television
and radio programme services.
( h ) There should be vigilance against uncompetitive practices and market
distortions. Partly for this reason there should be a greater separation
between the various functions which make up broadcasting and which
have in the past been carried out by one organisation.
Television
2. ( 1 ) Pluralism is to be established in Maltese television.
( 2 ) As a first step the introduction of a cable television system will have a
community channel operated by or for the Broadcasting Authority.
( 3 ) An educational channel will also be operated in conjunction with the
Department of Education.
( 4 ) Provision is also being made for new private channels within the cable
system to be made available for allocation by the Authority.
3. Within four years, and depending to a great extent on the penetration of the
cable system, the Government will decide whether to make frequencies available for
private terrestrial transmissions or continue to rely on the cable system itself.
   BROADCASTING [ CAP. 350.        35
4. In conjunction with the private sector, the Government is interested in
tapping the new important satellite TV market as well as to utilise Malta’s frequency
resources.
5. In 1989 the Government enacted the necessary legislation to permit
individuals to receive television signals from telecommunications satellites, subject
only to aesthetic and technical considerations. This had followed the Government’s
1988 decision to allow hotels and tourist complexes to install satellite receiving
dishes.
Radio 
6. It is the opinion of Government that at present there is little prospect of
additional national radio services on the MW band. The Government will, however,
remain open to the development of international services on this band.
7. The Government believes that there is scope for ten nationwide radio
services on the VHF/FM band and the Government will make available to the
Authority two mono frequencies and eight stereo frequencies for these services. Two
of these services, one mono and one stereo, are expected to be provided as part of the
State’s public broadcasting services.
8. Licences for nationwide radio services in the Maltese Islands are to be
awarded by the Authority to selected Maltese citizens, or Maltese-controlled and
registered companies, to provide the following:
( a ) Seven services  ( including one provided by the State )  which will
transmit for at least twelve hours daily and which will comprise
education, information and entertainment programming calculated to
appeal to a variety of tastes and interests, and not limited to a narrow
format. A number of these services however may be more specifically
tourist-oriented;
( b ) three twenty-four hour live stereo services providing music,
information, news analysis, interview, discussions and phone-in
programmes.
9. Organisations, persons or companies interested in providing any of the
nationwide services outlined above will have to provide details of their proposed
programming as well as full technical and locational details of the transmitting and
studio facilities envisaged. They will also have to provide all relevant background
information concerning financing, their investment programme and similar
information. 
10. To further extend pluralism and the right of access, community broadcasting
is to be allowed and encouraged.
11. ( 1 ) Government will allow, through the Authority, community broadcasters
access to the VHF/FM band.
( 2 ) The services provided by these stations are not expected to be within the
stricter parameters described above for nationwide services. The intention is that the
stations will be subject to the minimum of regulation consistent with the public
interest; will be permitted to adopt their own editorial point of view; will be
permitted to carry sponsored programmes; and will own their transmitters and thus
broadcast themselves.
Regulation 
12. The Authority will be responsible for assigning the frequencies, identified
by the Government, and issuing licences. Stations will be responsible for their own
  36      CAP. 350. ]                BROADCASTING
transmission arrangements, and will be expected to broadcast on single frequencies.
Stations will not generally be able to receive public funding, but there will be certain
clearly defined exceptions. The number and scale of community services will depend
solely on local demand and wishes. The Government will create an environment in
which community radio, based on local identity, will be able to fulfil its potential.
13. The Constitutional obligations on impartiality and facilities, in so far as
radio services are concerned, are covered fully by the total liberalisation of the
citizen’s access to and use of this medium.
14. The Government will continue to exercise regulatory control over the type
and performance of broadcasting equipment used in nationwide and community
transmissions. This will be done to prevent interference to other users of the radio
spectrum. Stations may be tempted to increase the power output of their transmitters
to get larger audience coverage. The Authority will therefore specify in the licences
it issues the permitted power levels, etc. Stations will also need to take care that they
do not contravene their licences, by causing interference to other users as a result of
poor engineering. On both technical and frequency matters the responsible body will
remain the Minister responsible for Wireless Telegraphy.
15. At nationwide and community level, each licensed station shall arrange its
own funding. Advertising or voluntary subscriptions or donations are obvious
sources of income.
Public broadcasting services
16. The public broadcasting services will have a special role in the structure of
broadcasting in the Maltese islands. They will be expected to provide high quality
programming across the full range of public tastes and interests; the public services
have a particular duty to provide programming of an educational and cultural nature.
They must concentrate on the high educational levels and the continued training of
personnel and must adopt internationally practised contemporary methods of
production of its programmes and news bulletins. “Farming out” of any of its
production and other services to outside studios, producers or companies on an  ad
hoc  or other contractual basis should therefore also be considered as long as these
meet strict standard levels.
17. The State’s monopoly of broadcasting in Malta will be ended.
18. Malta’s public broadcasting media will now include:
( a ) Public Broadcasting Services Ltd., with its television channel and two
radio services;
( b ) The cable system’s community and educational channels.
19. The public broadcasting media have the particular responsibility of
providing news and current affairs programming which respect the Constitutional
requisites of adequate impartiality, and which shall also be in line with journalistic
principles aimed at ensuring a comprehensive and accurate information service in
the interests of a democratic and pluralistic society. They should be leaders in
providing quality television to the Maltese public with regard to programming, news
and analysis and should be able to interpret the guidelines issued by the Authority in
respect of news and current affairs not as rigid straightjacketing but as a flexible tool
in the hands of creative journalists.
European standards
20. The Government will continue to play an active part in the work of the
Council of Europe on media matters. It believes in the development of radio and
   BROADCASTING [ CAP. 350.        37
television services and in the removal of obstacles to the flow of television
programmes across frontiers. At the same time, the Government desires that
standards of programmes be improved and not be undermined by services received
in Malta directly from other countries. The Government is cognizant of the need to
ensure that programmes meet certain fundamental standards, particularly in matters
such as taste and decency.
21. Through its participation in the Council of Europe, the Government has
followed the question of international regulation. The policy adopted by the
Government is clear. It will abide by the new European Convention on Transfrontier
Television.
22. The Government is also following the work leading to the European
Community Directive on satellite services. The Directive will cover such matters as
satellite news gathering and VSAT operations  ( very small satellite terminals for
reception only or for both transmission and reception ) .
23. The Government supports the aim and principles of the Community
Directive of third October 1989  ( 89/552/EEC )  assisting the television industry in
Europe by eliminating obstacles to the free flow of television services and
coordinating certain provisions concerning the pursuit of television broadcasting
activities. The Government will therefore eventually revise Malta’s laws, or where
necessary enact new legislation and rules in the broadcasting field, in order to
comply with the intention of the Directive.
24. The EC and Council of Europe instruments will contribute to the
maintenance of programme standards throughout Europe, while removing the
barriers which have hitherto inhibited the free flow of broadcasting services. These
instruments are consistent with the approach of the Government towards domestic
broadcasting services in establishing and enabling regulatory framework to allow
increased broadcasting activities and opportunities for broadcasters and viewers.
THIRD SCHEDULE  Substituted by:
L.N. 159 of 2000;
L.N. 245 of 2001.
Amended by:
L.N. 134 of 2002.
Article 19  ( 2 )
CODE FOR ADVERTISEMENTS TELESHOPPING AND SPONSORSHIPS 
General standards 
1.  Advertising and teleshopping shall not:
( a ) prejudice respect for human dignity;
( b ) include any discrimination on grounds of race, sex or nationality;
( c ) be offensive to religious or political beliefs;
( d ) encourage behaviour prejudicial to health or to safety;
( e ) encourage behaviour prejudicial to the protection of the environment;
( f ) except as authorized under a scheme of political broadcasts approved by
the Authority, and irrespective of whether they are broadcast in return
  38      CAP. 350. ]                BROADCASTING
for payment or for similar consideration or otherwise, be of a political
nature;
( g ) be inserted in any broadcast of a religious service.
2. No person who is authorised to broadcast commercial advertising or
teleshopping shall confine such advertising and teleshopping to goods or services of
a sole commercial or financial group or grant any exclusive right for the commercial
advertising of a specific product or service.
3.  In the acceptance of advertisements and teleshopping there shall be no
unreasonable discrimination either against or in favour of any particular advertiser.
Forms and presentation.
4. Advertising and teleshopping shall be readily distinguishable as such and
kept quite separate from the other parts of the programme service by optical or
acoustic means. Isolated advertising and teleshopping spots shall remain the
exception.
5. Successive advertisements and teleshopping shall be recognisably separate
in particular techniques such as those described in article 19 of this Act.
6. Advertisements and teleshopping shall not be arranged or presented in such
a way that any separate advertisement appears to be part of a continuous feature.
7. Audible matter in advertisements and teleshopping shall not be excessively
noisy or strident.
8. Advertising and teleshopping shall not use subliminal techniques.
9. Surreptitious advertising shall be prohibited.
Insertion of advertisements and teleshopping
10. Advertising and teleshopping shall be inserted between programmes.
Provided the conditions contained in paragraphs 11 to 14 of this Schedule are
fulfilled, advertising and teleshopping may also be inserted during programmes in
such a way that the integrity and value of the programme, taking into account natural
breaks in, and the duration and nature of the programme, and the rights of the rights
holders, are not prejudiced.
11. In programmes consisting of autonomous parts, or in sports programmes and
similarly structured events and performances comprising intervals, advertising and
teleshopping shall only be inserted between the parts or in the intervals.
12. The transmission of audiovisual works such as feature films and films made
for television (excluding series, serials, light entertainment programmes and
documentaries), provided their programmed duration is more than 45 minutes, may
be interrupted once for each complete period of 45 minutes. A further interruption
shall be allowed if their scheduled duration is at least 20 minutes longer than two or
more complete periods of 45 minutes.
13. Where programmes, other than those covered by paragraph 11, are
interrupted by advertising and teleshopping spots, a period of at least 20 minutes
shall elapse between each successive advertising break within the programme.
14. News and current affairs programmes, documentaries, religious
programmes, and children’s programmes, when their programmed duration is less
than 30 minutes, shall not be interrupted by advertising or by teleshopping.  If the
programmed duration of such programmes is of 30 minutes or longer, the provisions
of the previous paragraphs shall apply.
   BROADCASTING [ CAP. 350.        39
Advertising and teleshopping of particular products
15.  All forms of advertising and teleshopping for cigarettes and other tobacco
products shall be prohibited.
16. Advertising for medicinal products and medical treatments available only on
prescription shall be prohibited.
17.  Teleshopping for medicinal products and teleshopping for medical
treatment, shall be prohibited.
18. Advertising and teleshopping for all other medicines and medical treatment
shall be clearly distinguishable as such, honest, truthful and subject to verification,
and shall comply with the requirements of protection of the individual from harm.
19. Advertising and teleshopping for alcoholic beverages shall comply with the
following criteria:
( a ) it may not be aimed specifically at minors or, in particular, depict
minors acquiring or consuming such beverage;
( b ) it shall not link the consumption of alcohol to enhanced physical
performance or to driving;
( c ) it shall not create the impression that the consumption of alcohol
contributes towards social or sexual success;
( d ) it shall not claim that alcohol has therapeutic qualities or that it is a
stimulant, or sedative, or a means of resolving personal conflicts;
( e ) it shall not encourage immoderate consumption of alcohol or present
abstinence therefrom or moderation therein in a negative light;
( f ) it shall not place emphasis on high alcoholic content as being a positive
quality of the beverages.
Sponsorship
20. Sponsored programmes shall meet the following requirements>
( a ) the content and scheduling of sponsored programmes may in no
circumstances be influenced by the sponsor in such a way as to affect
the responsibility and editorial independence of the broadcaster in
respect of programmes;
( b ) they shall be clearly identified as such by the name or logo of the
sponsor at the beginning or the end of the programmes;
( c ) they shall not encourage the purchase or rental of the products or
services of the sponsor or a third party, in particular by making special
promotional references to those products or services.
Prohibited sponsorship
21. Programmes may not be sponsored by natural or legal persons whose
principal activity is the manufacture or sale of cigarettes and other tobacco products.
22. Sponsorship of programmes by undertakings whose activities include the
manufacture or sale of medicinal products and medical treatment may promote the
name or the image of the undertaking but may not promote specific medicinal
products or medical treatments available only on prescription.
23. News and current affairs programmes may not be sponsored.
Duration
  40      CAP. 350. ]                BROADCASTING
24. The proportion of transmission time devoted to teleshopping spots,
advertising spots and other forms of advertising, with the exception of teleshopping
windows within the meaning of paragraphs 41 and 42, shall not exceed 20% of the
daily transmission time. The transmission time for advertising spots shall not exceed
15% of the daily transmission time.
25. The proportion of advertising spots and teleshopping spots within a given
clock hour shall not exceed 20%.
26. For the purposes of paragraphs 24 and 25, advertising does not include:
( a ) announcements made by the broadcaster in connection with its own
programmes and ancillary products directly derived from those
programmes;
( b ) public  service   announcements  and  charity   appeals broadcast free of
charge.
27. The provisions of these regulations shall apply  mutatis mutandis  to channels
exclusively devoted to self-promotion. Other forms of advertising on such channels
shall be allowed within the limits established by paragraphs 41 and 42.
28. The amount of time given to advertising and teleshopping on radio services
shall not exceed 25% within a one hour period, provided that part of such advertising
time may be aggregated to a continuous period not exceeding two hours in each
twelve hour period.
Exemptions
29. Paragraphs 10 to 14 and 24 to 28 shall not apply to radio services.
Teleshopping for both non-Teleshopping Television Stations and for
Television Stations exclusively licenced for teleshopping
30. Teleshopping offers of any kind shall contain the direct offer for sale to the
public within the teleshopping transmission itself.  Where the offer for sale is only
contained elsewhere (such as in a teletext service) the material may not be classed as
teleshopping.
31.  "Direct offer" means the form of advertising for the supply of any product
or service offering detailed explanations and promotion of advantages. A
teleshopping offer may solicit the purchase, sale or lease of products or services
through contact with the commercial distributors or service provider either by
telephone or by any electronic means.
32. Teleshopping shall not use the same scenography of other non-advertising
programmes and shall not be presented by anchormen/women engaged in television
news or current affairs features. 
33. The use of encoded messages shall be forbidden during a teleshopping offer.
34. The price of the product or service offered shall be provided during a
teleshopping offer and the address from where business is conducted shall not be
broadcast either orally or graphically. The station which broadcasts a teleshopping
window shall keep a record of the identity and the address of the company or of the
individual who sells a producyt or service during a teleshopping window, should a
viewer who has purchased a product or service request such information.
35. During a teleshopping offer it shall be permissible:
( a ) to inform the viewer that the advertised product or service will be sent
to the address of the person who responds to the teleshopping offer;
   BROADCASTING [ CAP. 350.        41
( b ) to describe the advertised product or service which will be provided and
to announce its functions and its price.
36. Televoting shall not be permitted during a teleshopping offer.
37. A direct offer is always bound with the possibility of direct response,
identified by a telephone number.  In the case of a television broadcast, one or more
telephone numbers which the buyer may call to purchase a particular product or
service may be displayed on screen. The numbers may be of a call centre, a
warehouse, the studio, the station itself or another place from where the consumer’s
needs may be met.
38. The expression "optical means" in paragraphs 42 and 48 of this Schedule
includes titles, written words, graphic and coloured images, logos, and abbreviations
of the expression "teleshopping" and also includes a telephone number. The
expression "acoustic means" in paragraphs 42 and 48 includes spoken words, jingles
or music parts. 
39. Any regulations made under the provisions of article 7 of the Consumers
Affairs Act, regulating distance selling, where applicable, shall also apply to
teleshopping.
Teleshopping for Non-Teleshopping Television Stations
40. Windows devoted to teleshopping broadcast by a channel not exclusively
devoted to teleshopping shall be of a minimum uninterrupted duration of 15 minutes.
41. The maximum number of teleshopping windows per day shall be eight.
Their overall duration shall not exceed three hours per day. They shall be clearly
identified as teleshopping windows by optical and acoustic means.
42. As teleshopping is a form of distance selling, editorial material shall be kept
separate from editorial or non-commercial elements.
43. No advertisements which do not fall within the definition of teleshopping
may be broadcast within teleshopping windows.
44. Without prejudice to the provisions of paragraph 39, respondents to
teleshopping offers shall have the right to return the product within 15 days from the
date of sale to the sales agent. During a teleshopping offer the presenter shall, at the
beginning of the teleshopping, inform viewers of such right.
45. Teleshopping windows may not be broadcast immediately before or after a
programme aimed at children.  
Teleshopping for Television Stations exclusively licensed for Teleshopping
46. Stations that are exclusively devoted to teleshopping shall not transmit any
other type of programme apart from teleshopping offers. 
47. Teleshopping shall be identified by both optical and acoustic means. A
specific announcement shall precede and end the teleshopping offers. As for the
quality of the signals given, they shall be suited for drawing the audience’s attention
to the fact that a teleshopping offer is being broadcast. 
48. The provisions of this Act, other than regulations made under subarticle (2)
of article 37 of this Act, shall apply  mutatis mutandis  to channels exclusively
devoted to teleshopping. Advertising on such channels shall be allowed within the
daily limits established by paragraph 24. Paragraph 25 shall not apply to such
channels.
49. This Schedule is without prejudice to any law in force in Malta.
  42      CAP. 350. ]                BROADCASTING
FOURTH SCHEDULE 
Article 35
A. APPLICATION FORM FOR A VHF/FM 
NATIONWIDE SOUND BROADCASTING RADIO SERVICE 
( a ) Applicants are requested to note that they will be required to use the VHF/
FM Master Antenna System which is to be installed at the existing
television antennae site at  G]arg]ur.
( b ) Applications should be typed. Twelve copies of this completed form are
required. Only add separate sheets where it is indicated you may do so;
otherwise responses must be kept within the space allocated. Appendices
giving additional information, or any other material  ( e.g. cassettes,
publicity documents ) , should not be enclosed unless specifically requested.
Failure to comply with these requirements will render the application liable
to disqualification. Following the presentation of this application form to
the Broadcasting Authority any contact between the applicant and the
Authority should only be at the instigation of the Authority.
( c ) This form, when completed, should be addressed to the Chairman of the
Broadcasting Authority.
1a. PROPOSED STATION NAME
( or name by which the applicant is usually known ) .
1b. NAME, ADDRESS AND TELEPHONE NUMBER ( S )  OF MAIN
ORGANISER ( S )  OF THIS APPLICATION
( for contact purposes: maximum two persons ) . 
Name  ( 1 )                                                  ( 2 )
Address 
Telephone
( daytime )
   BROADCASTING [ CAP. 350.        43
1c. LEGAL STATUS OF APPLICANT
( see Article 10, subarticles  ( 4 )  to  ( 6 )  of Part III of the Broadcasting Act,
1991 ) .
2. CONTENT AND STYLE OF PROGRAMMING   ( maximum 60 words )
( This is your ‘Promise of Performance’- see Article 5a of this form ) .
3. MEMBERS OF APPLICANT GROUP  - overleaf give name, age, address,
nationality  ( if not Maltese )  and other activities  ( e.g. other directorships )  of
each. Briefly describe personal background and previous experience,
especially that which is relevant to running this radio service.
  44      CAP. 350. ]                BROADCASTING
3a. MANAGING DIRECTOR
Name:                                                   Age: 
Address:
Nationality: 
Background/Experience:
3b. DIRECTORS / MANAGEMENT COMMITTEE
For each individual, provide the following information  ( use additional sheets
if necessary )  : 
Name:                                                   Age: 
Address:
Nationality: 
Background/Experience:
   BROADCASTING [ CAP. 350.        45
3c. DESCRIBE HOW, AND WHEN, THE APPLICANT GROUP WAS
FORMED, AND HOW IT HAS DEVELOPED.
Mention any other organisations lending support to this application.
  46      CAP. 350. ]                BROADCASTING
4.  STAFFING
4 a. Draw up a reporting structure showing station management and organisation,
including all intended staff posts, with salaries.  ( Use one additional sheet if
necessary ) .
   BROADCASTING [ CAP. 350.        47
4 b. EXECUTIVES / SENIOR STAFF   ( including those mentioned at Article
3 )  - give name, age, address and nationality  ( if not Maltese )  of any
individuals so far appointed or identified for station management or other
senior staff posts. Briefly describe personal background and relevant
previous experience, and state which post the individual would occupy.
( Use additional sheets if necessary ) .
  48      CAP. 350. ]                BROADCASTING
4c. Give total number of  ( i )  full-time and  ( ii )  part-time staff actually employed or
to be employed in paid posts.
                                     ( i )  Full-time       ( ii )  Part-time 
Actually employed
To be employed
4d. If appropriate, indicate how voluntary  ( i.e. unpaid )  staff would contribute to
the running of the station, and how many volunteers might be involved
during a typical week.
5. PROGRAMMING
5a. Make your promise of programming performance, stating, in not more than
sixty words, the precise nature of the programme service you intend to
provide. If possible, quantify in approximate terms the proportions of airtime
to be devoted to the main elements of output.  ( Please use same wording as in
Article 2 ) .
5b. Briefly describe how your proposed programming will differ from, and add
to, the choice of radio output already available.
   BROADCASTING [ CAP. 350.        49
5c. During which hours of the day do you intend to broadcast?  ( If different from
day to day, please list each day of the week separately ) .
5d. Do you intend to broadcast any programmes obtained from a source other
than your own radio station? YES___ NO  ___ 
IF YES, STATE:
When?  ( State times of day )
For how many hours per week in total?
From what source ( s ) ?  ( State number of hours per source )
( Note : If the sharing of a frequency between a number of different
contributing groups is planned, please provide an outline of the sharing
arrangements proposed, as part of the response to Article 5f below ) .
5e. What arrangements will you make to obtain:
National news? 
International news?
  50      CAP. 350. ]                BROADCASTING
5f. Provide an outline on these pages of a proposed typical week’s programming,
indicating the times of broadcasting and the length and type of items likely to
be included. Indicate also whether any increase in hours is expected, and
when. 
   BROADCASTING [ CAP. 350.        51
5 f.  ( contd. )
  52      CAP. 350. ]                BROADCASTING
5 f.  ( contd. )
   BROADCASTING [ CAP. 350.        53
5g. What, if any, are your plans for preparing and broadcasting national
information, social action and/or religious programming? Please include
details of any proposals for off-air activity, e.g. the provision of training
facilities.
5h. If programming in languages other than Maltese is proposed, state which, and
give approximate proportions of total output to be broadcast in these
languages.
  54      CAP. 350. ]                BROADCASTING
6. THE AUDIENCE
6a. How large an audience do you expect to attract? Will your station appeal
especially to particular groups within the population  ( if so, say which ) ? What
evidence do you have of public demand for the type of programme service
you propose?  ( If specific audience research has been carried out, use this and
a maximum of one additional page to summarise main findings of relevance.
Do not include full audience research reports with the application ) .
   BROADCASTING [ CAP. 350.        55
6b. By what means would the station plan to keep in touch with the views of its
listeners, and their responses and reactions to its services?
6c. Are there any particular organisations or groups within the Maltese islands
which you would expect to involve on a regular basis in the station’s
programming, or on an advisory basis?
  56      CAP. 350. ]                BROADCASTING
7. FINANCIAL ARRANGEMENTS
7a. Applicants should submit a feasibility study analysis covering three  ( 3 )
years as a minimum which should include:
( i ) Projected profit and loss statement - first year per quarter;
( ii ) Projected cash flow statement - first year per quarter; 
( iii ) Projected balance sheet for the three years;
( iv ) Projected statement of source and application of funds;
( v ) Details of assumptions on which feasibility study is based; 
( vi ) Details of financing arrangements;
( vii ) Details of grants and donations. 
   BROADCASTING [ CAP. 350.        57
7b. Share capital
Classes of share capital: 
 NumberPar value Issue Price 
( if different )  
Voting:
Non voting:
Other:   ( Please specify )  
7c. Loan Stock
If loan stock is to be issued, state the amount and redemption/conversion
terms. 
  58      CAP. 350. ]                BROADCASTING
7d. Set out below the details of all voting shareholders  ( excluding any nominal
membership shares ) , and holders at 5% or more of non-voting shares and
loan stock.  ( A second page may be added if necessary ) . 
Name of Investor Address Invest. % of
Lm  total
required 
   BROADCASTING [ CAP. 350.        59
7e. Describe briefly the method by which share/loan capital is to be raised.
( Give details of any proposal to have share capital publicly quoted ) .
7f. Other loans
If appropriate, give details of lender, interest rate and repayment terms.
7g. Bank overdraft facilities
If facilities have been provisionally negotiated, attach a supporting letter
from the relevant bank. 
Letter dated                                                                Enclosed/Not enclosed 
                                                                                ( delete as applicable )
  60      CAP. 350. ]                BROADCASTING
7h.  Details of capital expenditure.
8.  CASH FLOW FORECAST
In which year of operation is it expected: 
( i ) first to make a trading profit?
( ii ) to have eliminated all cumulative losses?
9. ADVERTISING AND OTHER REVENUE
9a. What arrangements do you propose for the sale of advertising?
   BROADCASTING [ CAP. 350.        61
9b. Briefly show how you have estimated your annual revenue from the sale of
advertising time  ( taking into account e.g. population coverage, percentage of
airtime sold, tariff levels ) .
9c. Who within the radio station would be responsible for advertising.  ( Please
confirm that he/she will be made familiar with the Code for Advertisements
and Sponsorships as laid down in the Third Schedule of the Broadcasting Act
1991 ) .
  62      CAP. 350. ]                BROADCASTING
9d. If you plan to raise revenue from sources other than the sale of airtime for
advertising  ( e.g. merchandising, commercial production, co-funding, etc. ) ,
please list these below:
Type/source of revenue  Expected  % of
annual total 
income revenue
( Yr 1 )  Lmrequired
   BROADCASTING [ CAP. 350.        63
10. APPLICANT’S OTHER INTERESTS
10a. Details are required of the involvement by the applicant group in the
activities set out below. For these purposes, the applicant group is defined as
its directors  ( or their equivalent ) , any company or person with a potential
holding of 5% or more of any class of voting share or loan capital, or any
subscriber otherwise providing 5% or more of the total funding needs
identified in paragraph 7b above. Details should be given under the following
broad classifications, showing for each heading the extent of the interest
owned, i.e. wholly owned, controlling interest  ( and size thereof ) , minority
interest  ( and size thereof ) . If not applicable, write ‘None’.
( i ) Advertising agencies.
( ii ) The manufacture of records or the publication of musical works.
( iii ) The promotion of the broadcasting of sound recordings or of the broadcasting
of performance of music works.
( iv ) The obtaining of employment for theatrical performers or for persons to take
part as performers in programmes by way of television or radio.
( v ) Newspapers, including shareholdings or holdings in a group having
substantial control over one or more newspapers.
  64      CAP. 350. ]                BROADCASTING
10b. Provide details of any connection between the applicant group  ( as defined
above )  and the following: 
( i ) Sound broadcasting, television, and allied activities  ( e.g. wire distribution of
sound or television, satellite and cable television ) .
( ii ) Places of entertainment or other entertainment activities.
( iii ) Other connections of a nature relevant or related to broadcasting.
( iv ) Connections with bodies of a wholly or mainly religious nature. 
( v ) Connections with bodies of a wholly or mainly political nature.
   BROADCASTING [ CAP. 350.        65
11. TRANSMITTERS AND OTHER EQUIPMENT   ( Until an offer of licence
is made, the Authority does not wish to be told which engineering company
or consultancy, if any, has been or will be providing advice or services to the
applicant ) .
11a. Assuming that you will be required to use a VHF/FM Master Antenna System
and that this would be installed at the existing TV antennae site,  G]arg]ur,
give details of the coverage pattern and power and signal level you envisage
to provide a good quality signal within the Maltese Islands.
11b. On a separate sheet, list and price all transmitting equipment you either have
or intend to purchase, giving performance specifications.
11c. What test equipment do you propose using, and how will you monitor and
control important parameters of the signal, including frequency, power,
spurious radiation and modulation level?
11d. Please add any technical points regarding transmission, in addition to those
given in articles 11a and 11b, including whether you wish to broadcast in
stereo.
Mono Stereo 
11e. Are you currently using any VHF/FM frequencies or have you any preference
for any particular frequency?
  66      CAP. 350. ]                BROADCASTING
12. STUDIOS   ( Until an offer of licence is made the Authority does not wish to
be told which engineering company or consultancy, if any, has been or will
be providing advice or services to the applicant ) .
12a. What is the proposed location  ( give the actual address, if known )  of your
studio ( s ) ? What is the property currently used for?
12b. What form of acoustical treatment and isolation do you envisage for your
studio ( s ) ?
12c. On a separate sheet, insert a rough scale plan of your studio ( s ) , technical
areas and other principal rooms, giving all dimensions.
12d. On a separate sheet, list and price all studio equipment you either have or
intend to purchase, giving proforma specifications.
12e. Please add any technical points regarding studios, in addition to those given
in articles 12a to 12d.
   BROADCASTING [ CAP. 350.        67
12f. What arrangements do you propose for linking your studio ( s )  with the
transmitter?
13. READINESS DATE
How long after the award of licence would you be ready to start broadcasting?
What are the main factors that will determine your readiness date?
  68      CAP. 350. ]                BROADCASTING
I certify that, to the best of my knowledge, the details given in this application
for a licence to provide sound broadcasting services are correct, and that I have
read the Broadcasting Act 1991 and understand the terms under which licences to
broadcast are issued. I understand that, if awarded the licence, tape recordings of
all output, apart from commercial tapes, records or discs  ( with timings ) , will need
to be made and retained for ninety days prior to being recycled and that if phone-
ins are part of the station’s programming a delay mechanism will need to be
installed and instructions given for its use where necessary. 
Signature: 
Name  ( in block capitals ) : 
Position within applicant group:
   BROADCASTING [ CAP. 350.        69
B. APPLICATION EVALUATION FORM 
FOR A VHF/FM NATIONWIDE SOUND 
BROADCASTING RADIO SERVICE 
( For Broadcasting Authority use )  
PROPOSED STATION NAME:
MARKING
Very
Good
5
Good
4
Ave.
3
Poor
2
Very
Poor
1
QUESTION ASSESSMENT: KEY POINTS ONLY MARK
  ( 1-5 )
SECTION A: GROUP AND STAFFING
3a Managing Director assess suitability and expertise
( Mark 2 if no Managing Director or equivalent
named )
3b Directors  ( excluding MD ) : assess expertise and
local involvement
3c History of group: assess depth of commitment
4a, c-d  Staffing: assess practicality in relation to
programming and financial plans.
  70      CAP. 350. ]                BROADCASTING
SECTION A: GROUP AND STAFFING  ( contd. )
 4b Executives  ( including MD ) : assess expertise and
background of individuals mentioned 
( Mark 2 if no executives are named )
SECTION B: PROGRAMMING
5a Programming approach: assess coherence, as
outlined in promise of performance
5b Diversity: assess degree to which proposals would
genuinely increase choice available to listeners
5c-d Independence and co-operation: assess practicality
of plans to ‘go it alone’ or to draw upon outside
resources
QUESTION ASSESSMENT: KEY POINTS ONLY MARK
  ( 1-5 )
   BROADCASTING [ CAP. 350.        71
SECTION B:  PROGRAMMING  ( contd. )
5e-h Programming plans: assess realism in fulfilling
performance brief
6a  Audience demand: assess validity of evidence for
audience targeting proposed
6b-c Audience involvement: assess degree to which
applicant is in touch with audience
SECTION C:  FINANCE
7a  ( i )  to  ( vii ) Financial Arrangements: assess feasibility study
analysis
7b  Share Capital
QUESTION ASSESSMENT: KEY POINTS ONLY MARK
  ( 1-5 )
  72      CAP. 350. ]                BROADCASTING
SECTION C:  FINANCE  ( contd. )
 7c Loan Stock
  ( Mark 2 if none )  
7d  Details of voting
7e  Method by which share/loan capital is to be raised
 7f  Other loans
( Mark 3 if none )
7g  Bank overdraft facilities
QUESTION ASSESSMENT: KEY POINTS ONLY MARK
  ( 1-5 )
   BROADCASTING [ CAP. 350.        73
SECTION C:  FINANCE  ( contd. )
7h Details of capital expenditure
8  Cash flow: assess forecast
9a-d Revenue:
EITHER assess advertising revenue projections OR
assess credibility of alternative proposals for
generating income
10  Applicant’s other interests: do these present any
potential difficulties  ( and if so, say what these
are ) ? 
( Mark 4 for no difficulties, 2 for minor difficulties,
1 for major difficulties )
QUESTION ASSESSMENT: KEY POINTS ONLY MARK
  ( 1-5 )
  74      CAP. 350. ]                BROADCASTING
SECTION D:  ENGINEERING
11a Coverage pattern, power and signal level, quality
of signal: assess conclusions
11b  Transmitting equipment: assess suitability for task
11c Testing equipment: assess suitability
( NB Incorporate any points in 11d within assessments of 11a-c )
12a Studio location: assess practicality
12b  Acoustical standards: assess provision
QUESTION ASSESSMENT: KEY POINTS ONLY MARK
  ( 1-5 )
   BROADCASTING [ CAP. 350.        75
SECTION D:  ENGINEERING  ( contd. )
12c Studio plans: assess
12d  Studio equipment: assess
( NB Incorporate any points in 12e within assessments of 12a-d )
13 Readiness date: enter date proposed
( Mark 4 if feasible, 2 if unlikely, 1 if impossible )
QUESTION ASSESSMENT: KEY POINTS ONLY MARK
  ( 1-5 )
  76      CAP. 350. ]                BROADCASTING
C. TECHNICAL CONDITIONS RELATING TO THE ESTABLISHMENT 
AND OPERATION OF A VHF / FM STATION FOR A NATIONWIDE 
SOUND BROADCASTING RADIO SERVICE IN THE FREQUENCY 
BAND 87.5 T0 108.0 MHZ
CONTENTS 
1 Purpose. 
2  General. 
3  Definitions. 
4  Abbreviations.
5  Transmitter Construction.
6  Transmission Characteristics. 
7  Artificial Antenna.
8  Safety and Weather Protection. 
9  Station Certification.
10  Station access and Personnel.
11  Connection to Public Telecommunications Circuits. 
12  Environmental Conditions.
13  Power Supply. 
14  Documentation.
15  Transmitter Load Protection.
16 Site in the National Plan for VHF/FM Nationwide Sound Broadcasting
Radio Service. 
17  Changes to characteristics of frequency assignments.
   BROADCASTING [ CAP. 350.        77
1. PURPOSE
This document specifies the technical conditions attached to a licence issued
under the Broadcasting Act 1991 for the establishment and operation of a VHF
- FM station for a Nationwide Sound Broadcasting Radio Service in the
frequency band 87.5 to 108 MHz.
2.   GENERAL
2a.  These technical conditions detail those characteristics of the equipment that
need to be considered for the purposes of frequency spectrum management and
safety and do not include detailed equipment specifications.
2b.  Type approval of equipment is not envisaged. Instead a procedure of station
certification, by a qualified person  ( see article 9 )  will apply.
2c.  Revision of the technical requirements specified in this document may be
required from time to time.
2d.  Even though a system may satisfy the requirements specified in this document
at the time of authorisation, international agreements may necessitate
additional requirements/restrictions for any station.
3. DEFINITIONS
3a.  Current Radio Regulations
The current Radio Regulations are "The Radio Regulations edition of 1990" 
3b.   Geneva 84 Plan
The Geneva 1984 Plan is the "Final Acts of the Regional Administrative
Conference for the planning of VHF Sound Broadcasting, Geneva 1984".
3c.  Assignment   ( of a radio frequency or radio frequency channel )
A radio frequency or radio frequency channel for which authorisation has been
received for its use at a specified station with specified characteristics.
3d.   Effective Radiated Power  ( e.r.p. )
The Effective Radiated Power, in a given direction, is the product of a power
supplied to the antenna and its gain relative to a half-wave dipole.
3e.  Authority
Authority means the Broadcasting Authority. 
4.  ABBREVIATIONS
IEC -  International Electrotechnical Commission 
EBU -  European Broadcasting Union
RDS  -  Radio Data Systems
CCIR  -  International Radio Consultative Committee
  78      CAP. 350. ]                BROADCASTING
5.  TRANSMITTER CONSTRUCTION 
5a.  General
The mechanical and electrical construction shall meet such requirements as can
be reasonably set, taking the state of the art into account.  ( See also Article 8
"Safety and Weather Protection" ) .
All controls, meters, indicators and terminals shall be clearly labelled. Details
of the power supply from which the equipment is intended to operate shall be
clearly indicated. The equipment should normally consist of one complete unit. 
5b.  Controls
There shall be a control to switch "on" and "off" the power to the entire
installation. The "on" position shall be clearly indicated.
Controls which, when wrongly adjusted, increase the risk of causing
interference or of improper functioning of the transmitter shall not be
immediately accessible to the user.
5c.  Manufacturer’s Identification
The transmitter shall be provided with an indication showing the
manufacturer’s trade mark, type designation and serial number. The indication
shall be fitted on the outside of the transmitter, shall be clearly readable,
unremovable and indelible.
6.  TRANSMISSION CHARACTERISTICS 
6a.   Frequency Aspects
The equipment shall be designed to operate on the assigned frequency in the
frequency band 87.5 to 108 MHz only.
In accordance with Appendix 7 of the current Radio Regulations the frequency
tolerance shall be within +/ - 2KHz of the nominal value specified in the
licence.
The transmit-frequency shall be derived from a crystal-oscillator. If use is
made of a synthesizer and/or a phase locked loop system, the transmitter shall
be inhibited when synchronisation is absent. The transmitter frequency
adjustment control shall not be easily accessible to the user.
6b.  Spurious and Harmonic Emissions
With the transmitter operating at any power up to its specified power level into
its designed load impedance, the level of any spurious or harmonic emissions
in the frequency range 100KHz to 2GHz, excluding the range +/-300KHz
relative to the unmodulated carrier frequency, shall not exceed a value of 70dB
below the unmodulated carrier power. However in the band 108 - 118 MHz the
level of any spurious emissions shall be limited to not more than 77dB below
the unmodulated carrier.
6c.  Class of Emission, Bandwidth, and Modulation Standards 
( i ) Modulation Standards.
In accordance with the Geneva 84 Plan  ( Chapter 3 ) , the transmission
system used shall be either System1: monophonic  ( with maximum
frequency deviation +/- 75KHz )  or System 4: Stereophonic pilot tone
system  ( maximum frequency deviation +/- 75KHz ) .
   BROADCASTING [ CAP. 350.        79
( ii ) System 1: Monophonic Transmission.
The radio-frequency signal consists of a carrier frequency modulated by
the sound signal after preemphasis with a maximum frequency deviation
of +/- 75KHz.
( iii ) System 4: Stereophonic Transmission.
The radio-frequency signal consists of a carrier frequency modulated by
baseband signal according to the specifications of the pilot-tone system.
The maximum frequency deviation is +/-75KHz.
( iv ) Pre-emphasis and low pass filter.
The transmitter must be provided with a pre-emphasis filter with a time-
constant of 50 microseconds, combined with a low-pass filter with an
attenuation of at least 30dB at an input modulation frequency of 20 KHz,
relative to the level at 1 KHz.
( v ) Permitted subcarriers for the transmission of supplementary information.
The addition of a sub-carrier on 57 KHz for the transmission of
supplementary information using the Radio Data System  ( RDS )  specified
in EBU Document Tech. 3244 is considered as being included in the above
designation of Emission and permitted Bandwidth. However prior
approval must be obtained from the Authority for the use of this system.
6d. LF input and RF output impedance
      The nominal LF input impedance shall be 600 Ohms balanced to earth within
the modulation frequency range 40Hz - 15KHz. The RF output characteristic
impedance of the equipment shall be 50 Ohms.
6e. Transmitter Power
    The transmitter RF output power shall not exceed the value specified in the
licence by more than 1dB  ( 26% ) . The transmitter must incorporate a suitable
meter indicating the RF output power to enable routine checks to be made.
7.  ARTIFICIAL ANTENNA
An artificial antenna must be provided for off-air testing and equipment
alignment at each station. This should consist of non-reactive non-radiating
load of 50 Ohms impedance which can be connected to the output of the
transmitter.
8.  SAFETY AND WEATHER PROTECTION 
8a.  Safety
( i ) A broadcasting Transmission Installation shall be so designed, constructed
and installed as to prevent danger arising, either in normal use or under
fault conditions, to personnel working on, or externally inspecting the
system, or to any other person. Safety should be considered under the
following headings:
-  personal protection against electric shock; 
-  personal protection against radiation;
-  personal protection against physical injury; 
-  protection against fire;
  80      CAP. 350. ]                BROADCASTING
( ii ) The system must comply with IEC Specification 215  ( Third Edition 1987 )
relating to Safety Requirements for Radio Transmitting Equipment.
8b. Weather Protection
All apparatus and cables exposed to weather, corrosive atmosphere or other
adverse conditions shall be so constructed or protected as may be necessary to
prevent danger arising from such exposure.
9.  STATION CERTIFICATION
9a.  It is the responsibility of the Licensee to ensure that the suitably qualified
person has the necessary technical training, knowledge and practical
experience so as to enable to certify that the installation and maintenance of the
station complies with these technical conditions.
9b.  Permission for on-air testing prior to the certification in 9c below and
commencement of regular service shall be obtained from the Authority.
9c.  When the installation of equipment is complete the Licensee shall provide
evidence of certification, by a suitably qualified person, to the Authority, that
the station is ready to commence operation in accordance with these technical
conditions.
10. STATION ACCESS AND PERSONNEL
10a.  Only authorised personnel shall have access to the Transmission Equipment for
the purposes of adjustment/ maintenance of that equipment.
10b. It is the responsibility of the licensee to ensure that all authorised personnel are
adequately trained for the functions they are authorised to undertake.
11.  CONNECTION TO THE PUBLIC TELECOMMUNICATIONS
NETWORK
Where studio and transmitting equipment is connected together by circuits
provided on the Public Telecommunications Network prior approval by
Maltacom plc shall be obtained.
12.  ENVIRONMENTAL CONDITIONS
Whilst due allowance must be made for likely ambient temperature and
humidity variations for the particular location of the transmitter, compliance
with the requirements must be achieved over the following minimum ranges:
Ambient Temperature: 5 deg. Cel. to 45 deg. Cel. 
Relative Humidity: 0 % to 95 %
13.  POWER SUPPLY
13a.  Whilst due allowance must be made for the stability of the actual power supply,
compliance with the requirements of this Specification must be achieved for
supply voltage variations in the range +6 % to -10 % of the nominal value.
13b.  Precautions shall be taken to prevent switching or commutation spikes from
being radiated or superimposed upon the incoming supply.
   BROADCASTING [ CAP. 350.        81
14.  DOCUMENTATION
  Accurate operating instructions for the correct use of the transmitter must be
kept with it at all times. Similarly, up-to-date circuit diagrams and parts lists
must be available to enable proper maintenance. Any modifications to the
transmitter must be carried out by qualified personnel, and the details reported
to the Authority.
15.  TRANSMITTER LOAD PROTECTION
The transmitter should be designed such that it will not suffer damage when
operated continuously with the RF output connector either open or short-
circuited.
16. SITE IN THE NATIONAL PLAN FOR VHF/FM NATIONWIDE SOUND
BROADCASTING RADIO SERVICE
Transmitters of the VHF/FM Nationwide Sound Broadcasting Radio Service
shall be co-sited with the existing television service at  G]arg]ur and shall use a
master antenna system.
17.  CHANGES TO CHARACTERISTICS OF FREQUENCY ASSIGNMENTS
17a.  The characteristics of an assignment include frequency, station name, effective
radiated power, polarisation and radiation pattern of antenna.
17b.  In the final acts of the "Regional Administrative Conference for the Planning
of VHF-FM Sound Broadcasting, Geneva 1984" there are procedures that have
to be adhered to if a change in the characteristics of an assignment is
envisaged.
17c. Some changes to the characteristics could be difficult and take a long time to
process in accordance with the above mentioned procedures. The Authority
should be advised as early as possible of any changes sought in the
characteristics of the assignments so it can advise of any potential problems
foreseen. All international co-ordination is the responsibility of the Authority.
D. SOUND BROADCASTING LICENCE FEES 
1. APPLICATION FEES
a.  Applications for a nationwide sound broadcasting licence must be
accompanied by a non-refundable application fee of Lm2500. 
b. Applications for a community sound broadcasting licence  ( including for
one-off events )  must be accompanied by a non-refundable application fee
of Lm50. 
2.  LICENCE FEES
a. The annual licence fee payable to the Authority for a nationwide sound
broadcasting licence will be Lm5000.
b. The annual fee payable to the Authority for a community sound
broadcasting licence will be Lm150. 
  82      CAP. 350. ]                BROADCASTING
c. Licences payable to the Authority for community sound broadcasting
services for one-off events shall be Lm50 per event.
3. PAYMENTS BY THE AUTHORITY
Twenty per cent of the above fees shall be automatically paid by the Authority
to the Minister responsible for Wireless Telegraphy for technical assistance in
relation to the applications and the normal servicing of the licence conditions. 
   BROADCASTING [ CAP. 350.        83
Added by: FIFTH SCHEDULE
XV. 2000.17. 
Amended by:
L.N. 164 of 2000.
OFFENCES WHICH ARE COGNIZABLE BY THE BROADCASTING AUTHORITY 
FIRST COLUMN  SECOND COLUMN  THIRD COLUMN 
Provision  Penalty  Reduced Penalty 
Article 10(6)( a )  Lm 500  Lm 400 
Article 10(7)  Lm 200  Lm 150 
Article 10(8)  Lm 100  Lm 75 
Article 10(10)  Lm 500  Lm 400 
Article 13(2)( a )  Lm 200  Lm 150 
Article 13(2)( b )  Lm 200  Lm 150 
Article 13(2)( c )  Lm 200  Lm 150 
Article 13(2)( d )  Lm 200  Lm 150 
Article 13(2)( e )  Lm 200  Lm 150 
Article 13(2)( f )  Lm 200  Lm 150 
Article 13(3)  Lm 100  Lm 75 
Article 15  Lm 2,000  Lm 1,800 
Article 16  Lm 1,000  Lm 800 
Article 16(2)  Lm 500  Lm 400 
Article 18(3)  Lm 1,000  Lm 800 
Article 18(4)  Lm 1,000  Lm 800 
Article 19(1)  Lm 200  Lm 150 
Article 19(3)  Lm 200  Lm 150 
Article 19(4)  Lm 200  Lm 150 
Article 19(5)  Lm 200  Lm 150 
Article 19(6)  Lm 200  Lm 150 
Article 19(7)  Lm 200  Lm 150 
Article 19(11)( a )  Lm 1,000  Lm 750 
Article 19(11)( b )  Lm 1,000  Lm 750 
Article 19(11)( c )  Lm 1,000  Lm 750 
Article 20(1)( a ) & (2)  Lm 1,000  Lm 750 
Article 20(1)( b ) & (2)  Lm 1,000  Lm 750 
Article 20(3)  Lm 1,000  Lm 750 
Article 20(4)  Lm 1,000  Lm 750 
Article 21(l)( a )  Lm 750  Lm 550 
Article 21(l)( b )  Lm 750  Lm 550 
Article 21(2)  Lm 750  Lm 550 
Article 21(3)( a )  Lm 750  Lm 550 
Article 21(3)( b )  Lm 750  Lm 550 
Article 21A(4) Lm 200 Lm 150
Article 22(1)  Lm 1,000  Lm 750 
Article 22(2)  Lm 1,000  Lm 750 
  84      CAP. 350. ]                BROADCASTING
FIRST COLUMN  SECOND COLUMN  THIRD COLUMN
Provision  Penalty   Reduced Penalty 
Article 23(1)  Lm 500  Lm 400 
Article 23(2)  Lm 750  Lm 550 
Article 23(3)( a )  Lm 750  Lm 550 
Article 23(3)( b )  Lm 750  Lm 550 
Article 23(4)( a )  Lm 750  Lm 550 
Article 23(4)( b )  Lm 750  Lm 550 
Article 23(4)( c )  Lm 750  Lm 550 
Article 23(5)  Lm 500  Lm 400 
Article 25(6)  Lm 500  Lm 400 
Article 25(7)  Lm 500  Lm 400 
Article 34(1)(a)  Lm 750  Lm 550 
Article 34(1)(b)  Lm 750  Lm 550 
Article 40(1) Lm1,000 Lm 750
First Schedule - for any  Lm 500  Lm 400 
violation of any of the 
sub-paragraphs of paragraphs 
1, 2 and 3 of the said Schedule 
Third Schedule - for any  Lm 500  Lm 400 
violation of any of the 
paragraphs of the said Schedule 
Fourth Schedule - for not  Lm 500  Lm 400
installing or for not using 
a delay mechanism during 
phone-in programmes 
Regulations 5 and 6 of  Lm 5,000 Lm 4,500
the Broadcasting (Jurisdiction
and European Co-Operation)
Regulations.
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 ) 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. 
3. 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.
