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The Broadcasting (Amendment) Act (Act No. Viii Of 2009)

ACT No. VIII of 2009

AN ACT to amend the Broadcasting Act, Cap. 350.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-

Short title and commencement.

Substitution of article

16A of the principal

Act.

1. (1) The short title of this Act is the Broadcasting (Amendment) Act, 2009 and it shall be read and construed as one with the Broadcasting Act, hereinafter referred to as “the principal Act”.

(2) This Act shall come into force on such date as the Prime Minister may by notice in the Gazette appoint and different dates may be appointed for different provisions and different purposes of this Act.

2. For article 16A of the principal Act there shall be substituted the following:

“Broadcasting licences

issued by the

Minister.

16A. (1) The provisions of this Act shall apply to all broadcasters under Maltese jurisdiction both as the Act exists at the time of the coming into force of this article and as may be defined and extended from time to time by regulations made under article 37:
Provided that the provisions of article 10(2) and (5)
shall not apply to –
(a) the provision of any sound or television broadcasting services licensed by the Minister or by any person, body or authority under licence from or under arrangements with the Minister; and
(b) any broadcasting licence granted prior to the 1st June 1991.
(2) Broadcasting referred to in the proviso to subarticle (1) shall be subject to such conditions as the Minister or such person, body or authority mentioned in paragraph (a) of the proviso to sub-article (1), as the case may be, may deem appropriate. Such conditions may also include conditions similar in content to the provisions made inapplicable to such broadcasting by virtue of paragraph (a) of the proviso to subarticle (1).”.

3. Immediately after article 16B of the principal Act there shall be added the following new Part:

“PART IIIA

Satellite Radio and Television Programme Content Services

A 321

Addition of Part IIIA

to the principal Act.

Licensing of satellite radio and television services. Cap.

399

16C. (1) All satellite radio and television programme content services shall be licensed by the Broadcasting Authority in terms of this Part of this Act.
(2) A person who is under the jurisdiction of Malta shall not supply a compilation of programmes for the purpose of such compilation being transmitted as a radio broadcasting service, whether for reception in Malta or elsewhere, by means of a satellite device otherwise than under and in accordance with a satellite radio content broadcasting licence.
(3) A person who is under the jurisdiction of Malta within the meaning of the Council Directive shall not supply a compilation of programmes for the purpose
A 322

Licensing etc. of satellite content services.

of such compilation being transmitted as a television broadcasting service, whether for reception in Malta or elsewhere, by means of a satellite device otherwise than under and in accordance with a satellite television content broadcasting licence.
(4) An application fee of one thousand euro (€1,000) shall be paid to the Authority by an applicant for a satellite radio or television content broadcasting service.
(5) The Authority may issue a licence to a person whereby such person may supply a compilation of programmes for the purposes referred to in subarticle (1), and such a licence shall be known as a “provision of satellite content broadcasting licence” and is in this Part referred to as a “satellite content licence”.
(6) A satellite content licence shall include: (a) a condition requiring the holder of
the licence to comply with such legislation,
requirements as to standards, practice and conditions as the Authority may specify with respect to the programmes supplied in pursuance of the licence; and
(b) a condition requiring the holder of the licence to utilize that licence for such duration as the Authority may establish provided that such duration shall not exceed a maximum period of eight years.
(7) In so far as the allocation of radio frequencies for use by satellite radio and television programme content services are concerned, such function shall be exclusively carried out by the Malta Communications Authority in accordance with the national radio frequency plan which the Minister responsible for communications may from time to time adopt in accordance with the provision of the Electronic Communications (Regulation) Act.
16D. (1) The Authority may grant such licences to provide satellite content services as it may determine.

Regulations.

Interpretation.

(2) An application for a licence to provide satellite content service shall—
(a) be made in such manner as the Authority may determine; and
(b) be accompanied by such licence fee as the Authority may determine.
(3) In its application in relation to a licence to provide a satellite content service, article 41 of this Act and the Fifth Schedule to this Act shall have effect in the sense that the maximum amount which the holder of such a licence may be required to pay by way of an administrative penalty imposed in pursuance of article 41 hereof shall instead be of a maximum of three hundred thousand euro (€300,000).
16E. The Prime Minister may, following agree- ment with the Authority, make regulations to give better effect to the provisions of this Part and may, without prejudice to the provisions of the foregoing, make regulations extending the application of regulations made under article 16B of this Act to satellite radio and television broadcasting with such modifications and adaptations as the Prime Minister and the Authority may determine.
16F. For the purposes of this Part:
“the Council Directive” means Council Directive 89/552/EEC of 3 October 1989 on the co- ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities as published in the Official Journal No. L.
298/23 on 17 October 1989 as amended by Directive
97/36/EC of the European Parliament and of the Council of 30 June 1997 published in the Official Journal No. L 202/60 on 30 July 1997 or as may be amended or substituted from time to time;
“holder” means the person to whom a satellite content service licence has been granted by the Authority;
A 323
A 324

Substitution of article

31 of the principal

Act.

“programmes” includes advertisements, teleshopping and programme promotions.”.

4. Article 31 of the principal Act shall be substituted by the following:

“Contracts and power

to acquire or dispose of property. Cap. 174.

31. The Authority may enter into any contract for the supply of goods or materials or for the execution of works in terms of any regulations made under the Financial Administration and Audit Act regulating public contracts.”.
Passed by the House of Representatives at Sitting No. 109 of 11th May, 2009.
louis GAleA

Speaker

PAuline AbelA

Clerk to the House of Representatives

Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper <.. image removed ..>

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