CODE FOR THE INVESTIGATION 
AND DETERMINATION OF COMPLAINTS ġ S.L.350.06 1
SUBSIDIARY LEGISLATION 350.06
CODE FOR THE INVESTIGATION AND 
DETERMINATION OF COMPLAINTS
1st September, 2000
LEGAL NOTICE 161 of 2000, as amended by Legal Notices 3 and 251 of
2001.
Citation. 
Determination of Complaints.
Interpretation.
Cap. 350.
"Authority" means the Broadcasting Authority established by
article 118 of the Constitution of Malta;
"Chief Executive" means the Chief Executive of the Authority,
or any other officer or employee of the Authority, but does not
include the Secretary;
"Code" means the Code for the Investigation and Determination
of Complaints;
"complainant" means an affected third party who applies to the
Authority to seek effective compliance by a broadcaster with the
provisions of the Act;
"Secretary" means the Secretary of the Authority, or any other
officer or employee of the Authority, but does not include the Chief
Executive.
(2) Words and phrases used in this Code shall have the same
meaning as is assigned to them in the Act.
Complaints to be 
addressed to the 
broadcaster.
3. (1) All complaints shall be made promptly in writing by a
complainant and shall be addressed to the broadcaster concerned.
(2) A copy of the said complaint shall be communicated to the
Authority.
Period within 
which broadcaster 
shall reply.
4. Complaints shall be dealt with and replies given to the
complainant by the broadcaster within three days from date of
receipt of the complaint.
Upholding a 
complaint by 
broadcaster.
5. If a complaint is upheld in whole or in part by the
broadcaster, the latter shall take appropriate action, notifying the
Authority and the complainant in writing of the action taken.
Where complaint is 
not upheld by the 
broadcaster.
6. If a complaint is not upheld by the broadcaster, the latter
shall -
( a ) so inform the complainant;
( b ) inform the complainant of his right to refer the matter
to the Authority for a review of the broadcaster’s
decision in terms of this Code; and
( c ) notify the Authority of the decision taken and provide
2 ġ S.L.350.06
CODE FOR THE INVESTIGATION 
AND DETERMINATION OF COMPLAINTS
it with a copy of all relevant correspondence.
Complainant may 
request Authority 
to hear complaint.
7. If the complainant is not satisfied with the broadcaster’s
reply, he may request the Authority to hear and decide upon his
complaint.
Oral submissions.
Amended by:
L.N. 251 of 2001.
8. (1) The Authority shall appoint the complaint for hearing
and both the complainant and the broadcaster concerned shall be
requested to attend the public hearing to make their oral
submissions to the Authority.
(2) The parties shall adduce all their evidence during the said
sitting, and the Authority shall refrain from granting any
adjournments unless there are exceptional circumstances as the
Authority may deem proper.
Authority to decide 
complaint.
9. After the parties have concluded their oral submissions
they shall be requested to leave the sitting and the Authority shall
decide upon the complaint.
Authority to 
communicate 
decision to parties 
concerned.
10. After reviewing complaints brought to its attention in
accordance with this Code, the Authority shall communicate its
decision to the parties concerned.
Secretary to 
communicate 
Authority’s 
decision.
11. The Authority’s Secretary shall inform in writing both
parties secretary of the Authority’s decision.
Failure without 
reasonable cause to 
attend Authority’s 
sitting.
12. Where, without reasonable excuse, any of the parties fails
to attend the public hearing, the following procedure shall be
followed:
( a ) if the complainant fails to attend the sitting, his
complaint shall be dismissed by the Authority;
( b ) if the broadcaster concerned fails to attend the sitting,
the Authority shall hear the complainant and shall
decide the complaint in the broadcaster’s absence.
Fair and public 
hearing.
13. The Authority shall afford a fair and public hearing to both
parties concerned. It shall give reasons for its decisions and it shall
make its decisions public.
Where broadcaster 
fails to reply to 
complainant.
14. In the absence of a reply from the broadcaster concerned
within the time limit set out in paragraph 4, the Authority shall
proceed to adjudicate the complaint and, if so required, decide on
the appropriate remedy.
Conduct of public 
hearing.
Amended by:
L.N. 3 of 2001.
15. (1) The Authority shall affix on its notice board a notice
of a pending complaint at least forty-eight hours before the said
hearing takes place.
(2) Members of the public attending a public hearing shall
identify themselves with the Secretary by showing him their
identity card or passport.
(3) The Secretary shall inform such members of the public of
the dates and times of the Authority’s public hearings.
(4) For the purposes of this Code, a public hearing shall also
include the possibility that the public may follow the investigation
CODE FOR THE INVESTIGATION 
AND DETERMINATION OF COMPLAINTS ġ S.L.350.06 3
of a complaint by the Authority via close circuit television.
Order during 
sittings.
16. The Chairman of the Authority shall enforce order during
the sittings of the Authority and may also order any member of the
public disturbing the conduct of the proceedings to leave the
premises.
Urgent cases.
provisions of this Code as it may determine.
