Third Schedule — BROADCASTING ACT

Substituted by

L.N. 159 of 2000;

Article 19(2)

L.N. 245 of 2001.

Amended by

L.N. 134 of 2002;

L.N. 174 of 2008.

Substituted by

L.N. 321 of 2010.

Amended by

VIII. 2011.19;

LVI. 2020.19.

CODE FOR ADVERTISEMENTS AND TELESHOPPING

FOR RADIO AND TELEVISION BROADCASTS

Radio and television broadcasts shall comply with the following rules

General standards

1. Advertising and teleshopping shall not, except as authorized under a scheme

of political broadcasts approved by the Authority in terms of article 13(4) of this

Act, and irrespective of whether they are broadcast in return for payment or for

similar consideration or otherwise, be of a political nature.

2. No person who is authorised to broadcast commercial advertising or

teleshopping shall confine such advertising and teleshopping to goods or services of

a sole commercial or financial group or grant any exclusive right for the commercial

advertising of a specific product or service.

3. In the acceptance of advertisements and teleshopping there shall be no

unreasonable discrimination either against or in favour of any particular advertiser.

Forms and presentation

4. Advertising and teleshopping shall be readily recognisable and

distinguishable from editorial content. Sponsorship of news and current affairs

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programmes on radio shall be prohibited.

5. Without prejudice to the use of new advertising techniques, television

advertising and teleshopping shall be kept quite distinct from other parts of the

programme by optical and, or acoustic and/or spatial means.

6. Isolated television advertising and teleshopping spots shall be admissible in

sports events. Isolated television advertising and teleshopping spots, other than in

transmissions of sports events, shall remain the exception.

7. Successive advertisements and teleshopping shall be recognisably separate

in particular techniques such as those described in article 19 of this Act.

8. Advertisements and teleshopping shall not be arranged or presented in such

a way that any separate advertisement appears to be part of a continuous feature.

9. Audible matter in advertisements and teleshopping shall not be excessively

noisy or strident.

Insertion of advertisements and teleshopping

10. Advertising and teleshopping shall be inserted between programmes

Provided the conditions contained in paragraph 11 are fulfilled, advertising

and teleshopping may also be inserted during programmes in such a way that the

integrity and value of the programme, taking into account natural breaks in, and the

duration and nature of the programme, and the rights of the rights holders, are not

prejudiced.

11. The transmission of films made for television (excluding series, serials and

documentaries), cinematographic works and news programmes may be interrupted by

television advertising, teleshopping, or both, once for each scheduled period of at least

30 minutes.

Advertising and teleshopping of particular products

12. Teleshopping for medicinal products and teleshopping for medical

treatment, shall be prohibited.

13. Advertising and teleshopping for all other medicines and medical treatment

shall be clearly distinguishable as such, honest, truthful and subject to verification,

and shall comply with the requirements of protection of the individual from harm.

14. Advertising and teleshopping for alcoholic beverages shall comply with the

following criteria

(a) it may not be aimed specifically at minors or, in particular, depict

minors acquiring or consuming such beverage;

(b) it shall not link the consumption of alcohol to enhanced physical

performance or to driving;

(c) it shall not create the impression that the consumption of alcohol

contributes towards social or sexual success;

(d) it shall not claim that alcohol has therapeutic qualities or that it is a

stimulant, or sedative, or a means of resolving personal conflicts;

(e) it shall not encourage immoderate consumption of alcohol or present

abstinence therefrom or moderation therein in a negative light;

(f)

it shall not place emphasis on high alcoholic content as being a positive

quality of the beverages.

Duration

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15. The proportion of television advertising spots and teleshopping spots within the

period between 6.00 a.m. and 6.00 p.m. shall not exceed 20% of that period. The

proportion of television advertising spots and teleshopping spots within the period

between 6.00 p.m. and 12.00 a.m. shall not exceed 20% of that period.

16. Paragraph 15 shall not apply to

(a) announcements made by the broadcaster in connection with its own

programmes and ancillary products directly derived from those

programmes or with programmes and audiovisual media services from

other entities belonging to the same broadcasting group;

(b) sponsorship announcements;

(c) product placements;

(d) neutral frames between editorial content and television advertising or

teleshopping spots, and between individual spots.

17. The amount of time given to advertising on radio services shall not exceed

twenty-five per centum within one hour period, provided that part of such

advertising time may be aggregated to a continuous period not exceeding two hours

in each twelve hou period. For the purposes of this Schedule, a twelve hour period

shall be understood to mean between 06.00 and 17.59 hours and between 18.00 and

05.59 hours.

Exemptions

18. Paragraphs 10, 11 and 15 shall not apply to radio services.

Teleshopping for both non-Teleshopping Television Stations and for Television

Stations exclusively licensed for teleshopping

19. Teleshopping offers of any kind shall contain the direct offer for sale to the

public within the teleshopping transmission itself. Where the offer for sale is only

contained elsewhere (such as in a teletext service) the material may not be classed as

teleshopping.

20. "Direct offer" means the form of advertising for the supply of any product or

service offering detailed explanations and promotion of advantages. A teleshopping

offer may solicit the purchase, sale or lease of products or services through contact

with the commercial distributors or service provider either by telephone or by any

electronic means.

21. Teleshopping shall not use the same scenography of other non-advertising

programmes and shall not be presented by anchormen/women engaged in television

news or current affairs features.

22. The use of encoded messages shall be forbidden during a teleshopping offer.

23. The price of the product or service offered shall be provided during a

teleshopping offer and the address from where business is conducted shall not be

broadcast either orally or graphically

Provided that in the case of a distance contract concluded following a direct

offer made through a teleshopping window, it shall be the duty of the broadcaster to

provide the address of the trader only in cases of contracts requiring payment in

advance.

24. The station which broadcasts a teleshopping window shall keep a record of

the identity and the address of the trader who sells a product or a service during a

teleshopping window, should a viewer who has purchased a product or service

request such information.

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25. During a teleshopping offer it shall be permissible

(a) to inform the viewer that the advertised product or service will be sent

to the address of the person who responds to the teleshopping offer;

(b) to describe the advertised product or service which will be provided and

to announce its functions and its price.

26. All forms of teleshopping and competitions shall not be permitted during a

teleshopping offer.

27. A direct offer is always bound with the possibility of direct response,

identified by a telephone number. In the case of a television broadcast, one or more

telephone numbers which the buyer may call to purchase a particular product or

service may be displayed on screen. The numbers may be of a call centre, a

warehouse, the studio, the station itself or another place from where the consumer’s

needs may be met.

28. The expression "optical means" in paragraphs 5, 31 and 37 of this Schedule

includes titles, written words, graphic and coloured images, logos, and abbreviations

of the expression "teleshopping" and also includes a telephone number. The

expression "acoustic means" in paragraphs 5, 31 and 37 includes spoken words,

jingles or music parts.

29. Any regulations made under the provisions of article 7 of the Consumers

Affairs Act, regulating distance selling, where applicable, shall also apply to

teleshopping.

30. Teleshopping applies only to television services and not to radio services.

Teleshopping for Non-Teleshopping Television Stations

31. Windows devoted to teleshopping broadcast by a channel not exclusively

devoted to teleshopping shall be clearly identified as such by optical and acoustic

means and shall be of a minimum uninterrupted duration of 15 minutes.

32. As teleshopping is a form of distance selling, editorial material shall be kept

separate from editorial or non-commercial elements.

33. No advertisements may be broadcast within teleshopping windows.

34. Without prejudice to the provisions of paragraph 29, respondents to

teleshopping offers shall have the right to return the product within 15 days from the

date of sale to the sales agent. During a teleshopping offer the presenter shall, at the

beginning of the teleshopping, inform viewers of such right.

35. (1)Teleshopping spots may not be broadcast before or after children’s

programmes.

(2) The transmission of children's programmes may be interrupted by television

advertising once for each scheduled period of at least 30 minutes, provided that the

scheduled duration of the programme is greater than 30 minutes. The transmission of

teleshopping shall be prohibited during children's programmes. No television advertising

or teleshopping shall be inserted during religious services.

Teleshopping for Television Stations exclusively licensed for Teleshopping

36. Stations that are exclusively devoted to teleshopping shall not transmit any

other type of programme apart from teleshopping offers.

37. Teleshopping shall be identified by both optical and acoustic means. A

specific announcement shall precede and end the teleshopping offers. As for the

quality of the signals given, they shall be suited for drawing the audience’s attention

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to the fact that a teleshopping offer is being broadcast.

38. The provisions of this Act, other than regulations made under article 37(2)

of this Act, shall apply mutatis mutandis to channels exclusively devoted to

advertising and teleshopping and television channel exclusively devoted to self-

promotion.

39. The provisions of paragraphs, 10, 11, 15 and 16 of this Schedule and

regulation 5 of the Broadcasting (Jurisdiction and European Co-operation

Regulations (S.L. 350.04) shall not apply to the channels mentioned in paragraph 38

of this Schedule.

40. This Schedule is without prejudice to any law in force in Malta.

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