Art. 13 — BROADCASTING ACT
Art. 13 · BROADCASTING ACT
(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) In so far as general interest broadcasting services are
concerned and where the Authority allows news and current affairs
programmes to be broadcast by such services, it shall be the duty of
the Authority to satisfy itself that, so far as possible, the
programmes broadcast by any general interest broadcasting service
complies with all or any of the following requirements as the
Authority may impose in the broadcasting licence, 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
Provided further that the Authority may, when granting a
broadcasting licence for a commercial station, impose any of the
requirements mentioned in paragraphs (a) to (f) in the said licence.
(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
BROADCASTING
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 sub-article (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 sub-
article may only be exercised in so far as that exercise is reasonably
justifiable in a democratic society.