Art. 2 Interpretation. — BROADCASTING ACT

In this Act, unless the context otherwise requires -

"the Authority" means the Broadcasting Authority established by

article 118 of the Constitution;

"advertising" means any form of announcement broadcast

whether in return for payment or for similar consideration, or

broadcast for self-promotional purposes by a public or private

undertaking in connection with a trade, business, craft or

profession in order to promote the supply of goods or services,

including immovable property, rights and obligations, in return for

payment;

"broadcast" means the initial transmission of radio or television

programmes or of any audiovisual material intended for reception

by the public on any electronic communications network and any

electronic communications service as defined in article 2 of the

Electronic Communications (Regulation) Act, but does not include

retransmissions and communication services providing items of

information or other messages on individual demand such as

telecopying, electronic data banks and other similar services;

"broadcasting licence” means a licence issued by the

Broadcasting Authority in terms of article 10 and also includes any

licence, contract or other document issued under any other law

whereby a person is authorised to provide a broadcasting service;

"community radio service" means a radio service designed to

cater for the needs of a particular community or locality and having

a limited range of reception;

"financial year" means the period of twelve months ending on the

thirty-first day of December in any year;

" M i n i st e r " unless otherwise provided, means the Minister

responsible for broadcasting;

"Malta" has the same meaning as is assigned to it in article 124

of the Constitution;

"National Broadcasting Plan" means the National Broadcasting

Plan contained in the Second Schedule to this Act;

"nationwide radio service" means a radio service designed to

cater for the needs of the nation as a whole and having a range of

reception which includes the whole of Malta;

"person" includes also a body corporate established by law and

includes also a department of government;

"programmes broadcast by the Authority" includes programmes

broadcast on behalf of the Authority in accordance with the

provisions of this Act;

"retransmission" means receiving and simultaneously

transmitting, irrespective of the technical means employed,

BROADCASTING

complete and unchanged radio or television programme services, or

important parts of such services, transmitted by broadcasters for

reception by the general public;

"subliminal techniques" means the use of any technical device

which, by using images of very brief duration or by any other

means, exploits the possibility of conveying a message to, or

otherwise influencing the minds of, members of an audience

without their being aware, or fully aware, of what has been done;

"teleshopping" means direct offers broadcast to the public with a

view to the supply of goods or services, including immovable

property, rights and obligations, in return for payment.

PART II

Functions and Composition of the Broadcasting Authority

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