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.

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