First Schedule — BROADCASTING ACT
First Schedule · BROADCASTING ACT
Amended by
XV. 2000.15.
Article 16 (3)
Substituted by
VIII. 2011.14.
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 the Authority
itself, 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; and
(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.
2. A licence shall also 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;
(b) conditions requiring the licensee to permit -
(i)
any employee of, or person authorised by, the Authority, or
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(ii) any officer of, or person
authorised
by,
the
Malta
Communications Authority,
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 ninety 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. (1) 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 Malta
Communications Authority, 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 twenty hours per week.
(2) Such a licence for community radio services shall also contain, where
applicable
(a) conditions enabling the supervision and enforcement of technical
standards by the Authority following consultation with the Malta
Communications Authority in connection with the provision of the
licensed service (including the use of the allocated frequency); and
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(b) conditions approved by the Authority following consultation with the
Malta Communications Authority relating to the broadcasting
equipment to be used by the licensee.
4. A broadcasting licence may also include such other conditions as the
Authority deems necessary including conditions relating to programme quality
standards and minimum technical standards to ensure acceptable quality
broadcasting.