Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697810126160.pdf (Malta)
PUBLISHED IN 2008 BY THE BROADCASTING AUTHORITY MILE END ROAD, ĦAMRUN HMR 1719, MALTA TEL: FAX: 2124 0855 E-MAIL: INFO@BA-MATA.ORG WEB: HTTP://WWW.BA-MALTA.ORG 2122 1281, 2124 7908 GRAPHICS, DESIGN & SET-UP: MARIO AXIAK, B.A.

HONS.

(MANAGEMENT), M.B.A. (MAASTRICHT), M.I.M.

HEAD, RESEARCH AND COMMUNICATIONS BROADCASTING AUTHORITY L - AWTORITA' TAX - XANDIR MALTA The Hon.

Dr Lawrence Gonzi LL.D., M.P.


Prime Minister Auberge De Castille Valletta 30th March 2008 Honourable Prime Minister, In accordance with sub-article (1) of article 30 of the Broadcasting Act, Chapter 350 of the Laws of Malta, we have pleasure in forwarding the Broadcasting Authority’s Annual Report for 2007.

Yours sincerely, Joseph Scicluna B.A.

Chairman Dr Kevin Aquilina Chief Executive 7, Mile End Road, HAMRUN HMR 1719, Malta.

Tel: (+356) 2122 1281, 2124 7908.

Fax: (+356) 2124 0855.


E-Mail: info@ba-malta.org Contents 1.
Message from the Chairman 2. Review of the Year by the Chief Executive 2.1 The Broadcasting Authority 2.2 Broadcasting Authority Committees 2.2.1 Equality Committee 2.2.2 Children’s Programmes Committee 2.2.3 Task Force on Community Radio Stations 2.2.4 Advisory Committee on Medicinal Products and Medicinal Treatment Advertising 2.3 The Authority’s Staff 2.4 Euro Changeover Process 2.5 Digitisation of Broadcasting Authority Equipment 2.6 Broadcasting Authority Website 3.
Broadcasting Regulation 3.1 Approval of Broadcasting Licences 3.1.1 Television Licences 3.1.2 Nationwide Radio Licences 3.1.3 Community Radio Licences 4.

Regulation of Digital Radio and Community Radio Stations 4.1 Digital Radio Broadcasting Regulations, 2007 4.2 Additional Standard Licence Condition applicable to all Community Radio Stations 4.3 Community Radio Stations’ Licence Renewal 4.4 Community Advertising 5.
Broadcasting Legislation 5.1 Revision of Standards and Practice approved by the Broadcasting Authority 5.2 Broadcasting Authority Guidance and Requirements as to Standards and Practice applicable to News Bulletins and Current Affairs Programmes 5.3 Right of Reply on News Bulletins 5.4 Reconstruction Material and Interviewee Consent 5.5 Requirements on the Promotion of Racial Equality by Broadcasters 5.6 Requirements covering Telephone Calls and SMSs.
5.7 Broadcasting Authority Directions to Broadcasting Services on Gambling 5.8 Pre-Screening Session Carried out by Aġenzija Appoġġ 5.9 Revision of the List of Major Events 5.10 Breach of Paragraph 13 of the Third Schedule to the Broadcasting Act 5.11 Broadcasting Authority Interpretation concerning Immovable Property Programmes 5.12 Repeats during Summer Months 5.13 Teleshopping 5.14 Guidelines on Gender Equality and Gender Portrayal in the Broadcasting Media 5.15 Broadcasting Authority Interpretation concerning Programmes on Motor Vehicles 5.16 Major Events and Short News Reporting 5.17 20-Minute Rule 5.18 SMS’s on the Broadcasting Media 5.19 Weather Forecast 5.20 Programme Classification 5.21 Lack of Separation and Surreptitious Advertising 5.22 General Interest Objectives Consultation Document 5.23 Technological Neutrality and Television Broadcasting Licences 5.24 Political Advertising Page v 6.
Programme Complaints 7.

Broadcasting Case Law 7.1 Public Broadcasting Services Ltd. vs Broadcasting Authority 7.2 Dr. Joseph M. Pirotta vs Joseph Grima pro et noe 7.3 Smash Communications Ltd. vs Malta Communications Authority 8.

European and International Relations 8.1 European Platform of Regulatory Authorities 8.2 Mediterranean Network of Media Regulatory Authorities 8.3 EU Commission Audiovisual Media Services Regulatory Authorities working group 9.

Għargħur Transmitting Tower 10.


Radio and Television Audiences in Malta 10.1 Listening and Viewing Patterns 10.2 Reception Platform 10.3 Radio Listening 10.4 Television Viewing 10.5 Audiences 10.5.1 Radio Audiences 10.5.2 Television Audiences 11.

Political Broadcasting 11.1 Party Political Broadcasts 11.2 Anniversary Messages 11.3 Ministerial Broadcasts 12.

Administrative Offences 13.


Mediation by the Broadcasting Authority 13.1 Coverage of Malta Football Matches in the Broadcasting Media 13.2 Copyright Agreement 14.

Broadcasting Authority Publications 14.1 Editorial Board 14.2 Broadcasting Studies Series: First Two Volumes 14.2 Staff Publications and Papers 15.

Broadcasting Authority Sponsorships 15.1 Malta Journalism Awards 15.2 National Book Prizes 16.
Training and Development 16.1 Environmental Studies for Broadcasters 16.2 Staff Training and Development 17.

Retirement of Mary Gauci 18.

Grades which Require a Degree Page vi Appendices i.

Requirements as to Advertisements, Methods of Advertising and Directions applicable to Gambling Advertisements, 2007 ii.

List of Major Events iii.


Guidelines on Gender Equality and Gender Portrayal in the Broadcasting Media iv.

Requirements as to Standards and Practice on the Promotion of Racial Equality, 2007 v. Requirements as to Standards and Practice Applicable to the Price of Telephone Calls and SMSs in the Broadcasting Media, 2007 vi.

Regulation of Broadcasting and ICTS – Issues and Case Studies: Convergence, Objectives, Means and Instruments vii.

Drittijiet mhux Karità viii.


Broadcasting Authority Policy on Grades that require a Degree Report and Financial Statements for the Year ended 31st December 2007 Page 77 79 81 83 86 91 92 100 102 103 vii viii 1.

MESSAGE FROM THE CHAIRMAN As the contents of this annual report will show, the year under review (2007) proved to be another hectic one for the Authority.
The Board of the Authority, which also functions as an administrative tribunal in terms of the relevant provisions of the Broadcasting Act, met regularly for a total of forty (40) meetings.

During the second half of the year, in anticipation of the oncoming electoral campaign, the Authority intensified its scrutiny of broadcasting content in the local broadcasting media, especially in relation to news and current affairs programmes.

In the particular case of the public Chairman Joseph Scicluna B.A.
service broadcaster, the Authority even considered it appropriate to adopt specific measures which are normally only applied during the official electoral campaign period, namely a requirement for the broadcaster to notify the Authority and to seek its approval, on an a priori basis, of the subjects to be addressed in its current affairs programmes.
Indeed, the Authority felt that it had to adopt and to maintain this measure also in view of the fact that, in its opinion, the established editorial structures of the public service broadcaster were not functioning in a satisfactory manner.
In fact, the Chairman of the Editorial Board resigned in August 2007 and had not been replaced by the date of the presentation of this report, the advice of the other members of the Editorial Board was, on several occasions, not accepted by the management of the company, even when this referred to purely editorial issues, and, at least on one occasion, a decision by the former registered editor of the station to grant a right of reply to an aggrieved party in terms of the Press Act was overruled by management.
This situation cannot be acceptable to the Authority, and I strongly believe that, in a situation where the editorial functions of the public service broadcaster are not working in a totally satisfactory manner, the impartiality requirements imposed by the Constitution of Malta on the Broadcasting Authority cannot be satisfied in the fullest manner.

It is hoped that the incoming Administration will address this issue, if necessary with a review of the broadcasting policy issued in 2004.
In the course of the year under review, the Authority undertook a number of initiatives which were generally intended to enhance its own performance as well as the quality of broadcasting content in the local broadcasting media.

In this respect, a number of steps were taken to consolidate the legal framework under which the Authority operates.
Over the years, the Authority had adopted various guidelines and codes which were not clearly mandatory and where their enforcement, therefore, was being challenged by the parties concerned.

Accordingly, these have now been transposed into mandatory requirements in terms of the Broadcasting Act and were published as Government Notices 257 to 268 of 2007.
Moreover, the administrative penalties applicable for breaches of these requirements and for other 1 enforceable provisions of the Broadcasting Act were streamlined and, for this purpose, the Fifth Schedule to the Broadcasting Act was amended by Legal Notice 69 of 2007.
Following consultation with the Malta Communications Authority, the Authority proposed an amendment to the Broadcasting Act, which amendment was eventually adopted by Parliament, so that the licensing responsibilities of the Authority are now technology neutral, since this new provision also clearly empowers the Authority to license broadcasting content on a cable network, digital radio, digital terrestrial television and non-linear audiovisual media services.
In the particular case of digital radio, the Prime Minister has approved, in virtue of Legal Notice 199 of 2007, a set of Digital Radio Broadcasting Regulations proposed by the Authority, which include a number of concessional licensing provisions intended to stimulate the take-up of this new technology.

During the year under review, the Authority undertook a number of other initiatives in pursuance of its declared objective to be a socially responsible organisation.
A set of Requirements as to Advertisements, Methods of Advertising and Directions applicable to Gambling Advertisements were brought into force during February.
This advertising segment had previously been totally unregulated under broadcasting legislation, but broadcasters are now required to ascertain that the content of this advertising is compatible with principles established in these Requirements while different watersheds have been established for television and radio which regulate the permissible timing of this type of advertising.
During April, the Authority, following a process of consultation with interested parties, brought into effect, through Government Notice 413 of 2007, a set of Requirements as to Standards and Practice on the Promotion of Racial Equality.
The Authority is determined to enforce these Requirements and, in fact, since their publication, the Authority has already sanctioned a commercial television station when a participant in a current affairs programme was allowed to make a number of statements which were deemed to incite racial hatred while, during the recent electoral campaign, the Authority decided to withhold the broadcasting of an interview with an election candidate, scheduled under its own scheme of political broadcasts, which was deemed to be in breach of these Requirements.
During July, the Authority published a set of Guidelines on Gender Equality and Gender Portrayal in the Broadcasting Media.

As the contents of this report will show, during the period under review, the Authority had to carry out a number of regulatory interventions, particularly on matters of advertising and sponsorship, which would have been totally unnecessary had the practice of self-regulation in the local broadcasting media been more widely accepted and respected.
Both the relative European Union Directive and local broadcasting legislation include adequate regulatory provisions on advertising and sponsorship.

However, regrettably and probably because of the local tight advertising market, various broadcasters/producers tend to adopt a number of imaginative measures to circumvent this legislation to the detriment of the consuming public.
Accordingly, during this year, the Authority had to issue directives providing interpretations of this legislation, including directives related to 2 programmes dealing with immovable property as well as to programmes dealing with the performance of motor vehicles.

The term of office of the current members of the Authority lapses at the end of December 2008.
The Authority intends to take a number of other initiatives during the intervening period, some of which are listed hereunder: • in conjunction with the National Council for the Maltese language, it is proposed to review an existing Broadcasting Code for the Correct Use of the Maltese Language on the Broadcasting Media.
This Code was published in 2002 but has not produced the desired effect • with the potential increase of locally generated channels on the cable and digital terrestrial television networks it is important for the Authority to establish clear guidelines on minimum quality standards for the guidance of potential new broadcasters and for its own guidance in the consideration of applications for new broadcasting licences or for the renewal of such licences.
The Authority proposes to develop such guidelines in the coming months • following the completion of the public consultation process on the consultation document entitled Making Digital Broadcasting Accessible to All: A Policy and Strategy for Digital Broadcasting that meets General Interest Objectives, which had been issued jointly by the Malta Communications Authority and the Broadcasting Authority, it is now necessary to move ahead with the decision-making process on the various issues raised in the document.
This will require the involvement of the Government and the two respective Authorities and probably also further discussions with the affected broadcasters.

This matter is intimately linked with the established analogue turn-off date of December 2010 • a new European Union Audiovisual Meda Services Directive (Directive 2007/65/EC) was formally adopted on the 11th December 2007 which has to be transposed by Member States by the 15th December 2009.
The Broadcasting Authority is awaiting directions from Government of the role that the Authority should play both in the transposition as well as in the implementation of the relative provisions of this Directive.

Subject to these directions, the Authority should take the necessary action preferably during the current year.

Joseph Scicluna B.A.

30th March 2008 3 CHAIRMAN AND MEMBERS OF THE BROADCASTING AUTHORITY DURING 2006 Chairman, Mr. Joseph Scicluna B.A.

Member Mrs. Rose Sciberras B.A (Hons.),L.P.


Member Prof Joseph Pace Asciak B.A.

(Hons), D.Litt.

(Firenze) Member Mr Alfred Mallia Milanes Member Dr. Reno Borg B.A.

(Hons.

), M.A., LL.D.

Chief Executive Dr. Kevin Aquilina Dip.

Phil., B.A., B.A.

(Hons.

), M.A., LL.M., LL.D., Ph.D. (Lond) (L.S.E.)

Secretary Edgar P. Cassar 4 2. REVIEW OF THE YEAR by the Chief Executive 2.1 The Broadcasting Authority.

During the year 2007, the Authority was composed as follows: Chairman: Mr. Joseph Scicluna, B.A.
Members: Dr. Reno Borg, B.A.

(Hons.

), M.A., LL.D.

Mr. Alfred Mallia Milanes Prof. Joseph Pace Axiak, B.A.

(Hons), D.Litt.

(Firenze) Mrs. Rose Sciberras, B.A.

(Hons.

), L.P. Chief Executive Dr. Kevin Aquilina Secretary: Mr. Edgar Cassar, Secretary to the Authority.

A total of 40 meetings of the Authority were held during the year under review.

2.2 Broadcasting Authority Committees.

Four Committees were in office during the year under review.

2.2.1 Equality Committee.


An Equality Committee within the Broadcasting Authority has been established on a permanent basis to ensure that the communication between the Broadcasting Authority and the National Commission for the Promotion of Equality between Men and Women is rendered easier and to co- ordinate better on subjects of mutual interest to both organisations.
During last year, the Broadcasting Authority’s Equality Committee was composed as follows: Chairperson: Ms. Joanna Spiteri, Supervisor Members: Dr. Kevin Aquilina, Chief Executive Mr. Mario Axiak, Head Research and Communications Ms. Natalie Debono, Senior Programme Monitor.

2.2.2 Children’s Programmes Committee.


Following the approval by the Commissioner for Children of the Quality Children’s Programming Strategy, the Prime Minister delegated to the Minister responsible for broadcasting policy the implementation of this strategy.

For this purpose Mr Mario Axiak and Dr Kevin Aquilina met with the Commissioner for Children, Ms Carmen Zammit, and the said Minister’s broadcasting advisor, Rev.

Fr Joe Borg, to start implementing that strategy.


As an initial step, it was decided that: a. a joint committee be appointed between the Broadcasting Authority, the Commissioner for Children and the then Ministry for Tourism and Culture to propose amendments to the Broadcasting Code for the Protection of Minors.

These proposals 5 will eventually have to be approved by the Broadcasting Authority and the competent Minister; and b. to organise training for broadcasters.
All three parties agreed to both proposals and consequently the Ministry for Tourism and Culture, the Broadcasting Authority and the Commissioner for Children set up a Committee to initiate a consultation process on the revision of the Broadcasting Code for the Protection of Minors and the Guidelines for Audio- Ms. Carmen Zammit, Commissioner for Children; Joseph Scicluna, Chairman, Broadcasting Authority; and Rev.

Fr.
Fr.

Joseph Borg, Consultant, Ministry for Tourism and Culture – Robert Samut Hall, 27th September 2007 Visual Programme Content Created for Children.

For this purpose, the Committee held a public meeting on Thursday, 27th September 2007 at the Robert Samut Hall, Floriana, where the Commissioner for Children, Ms. Carmen Zammit, the Chairman of the Broadcasting Authority, Mr. Joseph Scicluna, and Rev.

Fr.
Fr.

Joe Borg, advisor to the Minister for Tourism and Culture, presided the presentation of the “Broadcasting Code for the Protection of Minors” and “Guidelines for Audio Visual Programme Content created for Children”, a “Review of Children’s Programmes Broadcast on Local Broadcasting stations during 2007”, and a “Presentation on the Questionnaire on Quality Children’s Programmes”.
The aim of this Advisory Committee is to promote debate and update present broadcasting legislation that has been in force since 1st September 2000 and to improve broadcasting quality standards relating to Children’s Programmes on radio and television.
With this aim, a questionnaire was prepared by the Advisory Committee to be answered by all media stakeholders: radio and television consumers; producers and broadcasting stations; advertisers and audiovisual industrialists; professionals in the social and educational fields; and other relevant regulatory authorities.

At the moment of writing, the answers to the questionnaire have been collected and a report is being drawn up with a view to analysis by the said Committee.
6 2.2.3 Task Force on Community Radio Stations.

A joint Task Force was established by the Broadcasting Authority and the Malta Communications Authority to report on community radio stations as stated in last year’s annual report.
This Task Force consisted in: Dr. Kevin Aquilina, Chief Executive, Broadcasting Authority Mr. Adrian Galea, Manager, Spectrum Management, Malta Communications Authority Mr. Brian Sghendo, Technical Specialist, Malta Communications Authority Dr. Paul Micallef Grimaud, Senior Legal Advisor, Malta Communications Authority.
Mr. Joe Spiteri, Technical Advisor, Malta Communications Authority During 2007 this Report was discussed by the competent Ministries with both the Malta Communications Authority and the Broadcasting Authority recommending the fixing of a power output at 12 Watts throughout all the Maltese archipelago for all community radios as well as a uniform system of technical regulation applicable thereto.
The moratorium on the issue of new community radio licences will be removed once the competent Ministers – the Minister responsible for wireless telegraphy and the Minister responsible for broadcasting policy – give their go ahead.

2.2.4 Advisory Committee on Medicinal Products and Medicinal Treatment Advertising.
The Broadcasting Authority set up an advisory committee on medicinal products and medicinal treatment advertising with the aim of drawing up guidelines to assist radio and television broadcasters in grasping better the obtaining legal provisions regulating this sector as well as to develop a code of ethics as to what should be considered acceptable ethical behaviour on this subject.
This Committee consisted of a representative of: The Broadcasting Authority – Dr. Kevin Aquilina; Director General (Health) – Dr. Charmaine Gauci; Medical Council – Dr Denis Soler; Pharmacy Council – Mr Jurgen Azzopardi; Council for the Professions Complementary to Medicine – Ms. Stephanie Vella; The Medicines Authority - Ms Andrea Mallia Milanes; and The Consumer Affairs Council – Ms. Carmen Delia.
Mr Edgar Cassar, Director Administration at the Broadcasting Authority, was the Secretary to the Advisory Committee.

The Advisory Committee met several times to draw up and discuss Requirements as to Standards and Practice on Programmes involving the Participation of Certain Health Care Professionals in the Broadcasting Media and Requirements as to Advertisements, Methods of Advertising and Directions applicable to Medicinal Product and Treatments.

It concluded its tasks in November 7 2007.


The Requirements were subsequently translated into Maltese and published in the Government Gazette.

These Requirements – contrary to the hitherto guidelines on this same subject – have now binding force and their breach gives rise to an administrative sanction in terms of article 41 of the Broadcasting Act.

2.3 The Authority’s Staff.

During the year under review, three vacant posts of Programme Monitors and five vacant posts of Monitoring Officers were filled.
The Authority also took steps to fill three posts of Senior Programme Monitors.

At year’s end the necessary procedures were still taking their course for the filling of one post of Records and Information Officer and five Senior Clerks.

2.4 Euro Changeover Process.


In November 2005, the Broadcasting Authority appointed Mr Gordon Vassallo, the Authority’s Director of Finance, as Euro Project Manager responsible for the preparation and implementation of designated plans to ensure compliance by the Authority with the requirements arising from the implementation of the Euro.
Following the preparation of a Euro Assessment Exercise which was carried out to collect the necessary information of changeover planning, the Authority submitted the first version of the Euro Assessment Plan in February 2006.

In the meantime, Mr. Vassallo attended various bilateral meetings which were held between the Euro Project Managers and the Pubic Sector Sectoral Committee and various other meetings held at Office of the Prime Minister on the same subject.
During these meetings the latest developments and presentations relating to legal and regulatory changes, financial matters, IT and other operational matters were discussed and followed.

Various guidelines issued by the National Euro Changeover Committee were also discussed on an internal level.

This eventually led to the second updated version of the Euro Changeover Plan which was submitted in August 2006.
Following various other meetings the third and eventually the fourth and final version of the plan was submitted in September 2007.

During the latter part of 2007, staff involved in the handling of cash attended the Euro Training Seminars organised by the National Euro Changeover Committee through OPM.

The Authority was also involved in the process of preparing a smoothing exercise within the context of amendments to legislation in view of the adoption of the Euro.
This was approved by the Ministry of Finance and subsequently implemented.

8 2.5 Digitisation of Broadcasting Authority Equipment.

During 2007 the Authority commissioned M.I.T.T.S.

Ltd. to advise it on the migration from analogue to digital capture and recording of radio and television broadcasts.

Several meetings were held between the Authority’s Chief Executive and his staff and M.I.T.T.S.

Ltd. M.I.T.T.S.
Ltd. M.I.T.T.S.

Ltd. submitted their report to the Authority in early 2008 and the report is under consideration.

2.6 Broadcasting Authority Website.

Following extensive consultations, including with MITTS Ltd., the Broadcasting Authority launched in January of 2008 a new web-page designed to be more consumer friendly not only with regard to its design but also to its accessibility.
The Broadcasting Authority’s web-site was originally developed in 1999 with the introduction of the computerization at the Authority.

However, its overhaul had been long overdue especially due to expanding regulatory obligations and technological www.ba-malta.org developments in web-design and upkeep.

The new design is based on two main areas: the public media consumer and the Broadcasting Authority’s licensed broadcasting stations.
While media releases are featured in the front page of the new website, the Broadcasting Authority’s objectives, broadcasting legislation, policies, requirements and guidelines are all accessible through the second sub-page.

This reduces the number of sub-pages available on the front page and easily directs browsers to specific areas of consultation.
Complaints by the general public on programme content can be sent directly to the Broadcasting Authority through its direct e-mail access facility while the links to the Broadcasting Authority’s licensed television broadcasting stations are accessible through its Links page.

Accessibility by broadcasting stations, producers and independent media production houses is also facilitated through the index listed on the second page of the website where the contents are both in English and in Maltese.
New features implemented in the new website include a Frequently Asked Questions Page which summarizes the main functions of the Broadcasting Authority including the procedure to be followed by consumers having complaints on any content that is broadcast by local broadcasting stations.

Another new facility is the search facility on each and every page.
Every effort has been made to ensure that the new website conforms to the accessibility requirements and recommendations by also catering for individuals with specific needs.

9 3.

BROADCASTING REGULATION 3.1 Approval of Broadcasting Licences One of the main functions of a regulator is to award licences.
The Authority continues to be very much involved in licensing the local broadcasting media, namely nationwide television stations, nationwide radio services and community radio services (in the latter case both permanent and for a short duration not exceeding one month of broadcasting).

The broadcasting licences listed hereunder have been approved by the Authority in 2007.
3.1.1 Television Licences: A licence was issued to U Communications Ltd. to operate a digital terrestrial channel on the Go digital terrestrial television platform.

The channel which began broadcasting on 1st October 2007 is known as U TV.

U TV has its own studios located at Luqa.

It produces social, religious, teen and youth, and educational programmes together with updates and discussion programmes.

It is also envisaged that at a later stage U TV will also broadcast news bulletins.
3.1.2 Nationwide Radio Licences: On 6th November 2007 the Authority renewed the nationwide radio broadcasting licence for an eight year period of Calypso 101.8 and Bay Radio.
Name of Station Calypso 101.8 Bay Radio Duration of Licence 8 years 8 years Valid From 7/11/07 7/11/07 Frequency 101.8 89.7 Date of Issue 6/11/07 6/11/07 3.1.3 Community Radio Licences: The following community radio licences were approved and issued by the Authority in 2007: Name of Station Radju Prekursur Radju Leħen il-Qala Radju Sokkors Radju Viżitazzjoni Radju Banda San Filep Energy FM Radju Sacro Cuor Sliema Radju Leħen il-Ġużeppini Radju Pawlin 12th May Radio Radju Ġilju Rebbieħ Leħen il-Karmelitani Radio 15 t’Awissu Radju Xeb-er-ras Radju Assunta Radju Margerita Radju Viżitazzjoni Radju Santa Venera Radju Marija Bambina Duration of Licence 2 years 2 years 2 years 1 month 1 month 2 years 14 days 1 month 29 days 1 month 1 month 1 month 24 days 2 years 19 days 30 days 1 month 9 days 1 month Power Valid From Freq.
[watts] 19/2/07 99.3 0.5 17/2/07 106.3 0.5 0.5 1/3/07 95.1 15/3/07 92.4 0.5 11/5/07 106.3 0.5 0.5 24/3/07 96.4 0.5 18/6/07 94 0.5 6/5/07 90.6 0.5 3/6/07 97.2 12/5/07 96.5 1.0 9/6/07 105.5 0.5 23/6/07 101.4 1.0 0.5 23/7/07 98.3 1.0 25/7/07 90.8 0.5 30/7/07 98.9 0.5 1/7/07 96.1 0.5 8/7/07 92.4 0.5 21/7/07 91.2 0.5 16/8/07 90.2 Date of Issue 16/2/07 16/2/07 27/2/07 6/3/07 9/3/07 20/3/07 29/3/07 3/4/07 30/4/07 2/5/07 7/5/07 22/5/07 5/6/07 14/6/07 18/6/07 18/6/07 27/6/07 16/7/07 17/7/07 10 Name of Station Radju Lauretana Radju Bartilmew BKR Radio 94.5 2007 District Convention of Jehovah’s Witnesses Radju Santa Katarina Radju Leonardo Radju San Vinċenz de Paule Kiss FM Big FM Radju Vilhena Radju Leħen il-Ġużeppini Leħen il-Karmelitani 101.4 Radju Marija Assunta Radju Bartilmew Radju Lauretana Fantasy Radio Tal-Ġilju FM Power FM Radju Belt Rebbieħa Radju Viżitazzjoni Radju Maria Bambina 90.2FM Radio Galaxy Bastjanizi FM Radju Ħal-Tarxien Duration of Licence 1 month 10 days 2 years 3 days 15 days 10 days 2 years 2 years 2 years 2 years 1 month 23 days 1 month 1 month 1 month 2 years 1 month 23/11/07 95.4 2 years 22/11/07 90.4 14 days 20/12/07 97 9/12/07 92.4 1 month 20/1/08 90.2 1 month 14/12/07 105 2 years 23/11/07 95.0 2 years 21/12/07 99 2 years Date of Power Valid Issue [watts] From Freq 17/7/07 4/8/07 96.5 0.5 17/7/07 17/8/07 103.3 0.5 0.5 1/8/07 94.5 18/7/07 0.25 26/7/07 7/9/07 108 10/8/07 19/8/07 90.6 0.5 20/8/07 7/9/07 105.2 0.5 22/6/07 25/6/07 92.2 0.5 5/10/07 0.5 8/10/07 89.3 30/8/07 31/8/07 107.1 0.5 0.5 26/10/07 3/12/07 96.1 1/11/07 0.5 6/12/07 90.6 1/11/07 1 1/12/07 101.4 1/11/07 1/12/07 98.9 0.5 1/11/07 7/12/07 103.3 0.5 5/11/07 8/12/07 96.5 0.5 6/11/07 8/11/07 104.1 0.5 0.5 20/11/07 0.5 21/11/07 0.5 26/11/07 0.5 27/11/07 0.5 10/12/07 0.5 12/12/07 0.5 22/11/07 0.5 20/12/07 11 4.
REGULATION OF DIGITAL RADIO AND COMMUNITY RADIO STATIONS 4.1 Digital Radio Broadcasting Regulations, 2007.

In terms of Legal Notice 199 of 2007, the Prime Minister, following agreement with the Broadcasting Authority, approved new regulations to enable the Broadcasting Authority to license broadcasting content on the new digital radio platform.

These regulations contain the procedure which the Broadcasting Authority has to follow when licensing digital radio stations.
In addition, the regulations set out the text of the relative application form which has to be filled when applying for a digital radio station with the Broadcasting Authority as well as the applicable fees.

Although the regulations were published in The Malta Government Gazette of Friday, 27th July 2007, they entered into force on 1st October 2007.
These regulations were published as early as possible prior to their entry into force on 1st October 2007 so that potential applicants would have ample time to study these regulations and to draw up the relative application form.

The Broadcasting Authority is committed to ensure that Malta advances in this media broadcasting sector and does not lag behind in technological development.
The Broadcasting Authority encourages the take-up of digital radio broadcasting and augurs that this will be a success story for Malta.

A copy of the Digital Radio Broadcasting Regulations, 2007 is available on the Broadcasting Authority’s website “www.ba-malta.org”.

The relative application form and tariffs structure can be downloaded from the same website.

4.2 Additional Standard Licence Condition Applicable to All Community Radio Stations.
The need has been felt, due to the constant propagation of one-off community radio stations, to introduce a new standard condition in a community radio licence to the effect that the station manager will be required to attend a mandatory meeting with the Head of Programme Monitoring Department of the Authority whereby the latter will explain to the station manager the salient requirements which community radio stations should comply with so as to limit as much as possible breaches by community radio stations of the broadcasting laws, bearing also in mind that the Authority does not have the necessary resources to monitor continuously these stations.
4.3 Community Radio Stations’ Licence Renewal.

The Authority received representations from one of its community radio licencees to the effect that a station manager who was operating the licencees’ radio station, upon renewal, transferred the licence upon himself without the approval of the previous licence holder and without having informed beforehand the Authority of such transfer.
Hence the Authority directed all community radio licencees, on renewal, to indicate by means of a letter to be signed by the President, Secretary, Treasurer or other Officer of a club or organisation 12 holding a community radio licence that the club or organisation which is the Authority’s licensee is still interested in having its community radio licence renewed.

In this way the Authority can ascertain that the licence holder will continue to operate a broadcasting station in terms of law.
This directive does not refer to those community radio licences which are owned by a company or an individual.

4.4 Community Advertising.

The Authority received complaints in the year under review to the effect that community radio stations were not abiding by their licence conditions of obtaining adverts only from firms which were located within the boundaries of their respective community.
In order to ensure that community radio stations complied with their licence conditions, the Authority requested all community radio stations to submit together with their schedule of programmes a list of those firms and individuals who had placed adverts with each community radio station in the preceding three months.

The above information had to be submitted to the Authority on a quarterly basis.
The first quarter covered the period 1st October 2006 to 31st December 2006 and the relative information had to reach the Authority by Monday, 5th February 2007.

Since then, this information has been collected by the Authority on a quarterly basis except in the case of those community radio stations which do not carry any adverts.

13 5.

BROADCASTING LEGISLATION 5.1 Revision of Standards and Practice approved by the Broadcasting Authority.
In so far as programme content regulation is concerned, the Authority has upgraded various guidelines and codes into mandatory requirements.

Indeed, on 22nd March 2007, the requirements listed hereunder were published in The Malta Government Gazette as Government Notices 257 to 268 of 2007: a) G.N.

257 of 2007 - Requirements as to Standards and Practice applicable to News Bulletins and Current Affairs Programmes, 2007; b) G.N.
258 of 2007 - Requirements as to Standards and Practice applicable to Participation in Media Programmes of Vulnerable Persons, 2007; c) G.N.

259 of 2007 - Requirements as to Standards and Practice applicable to the Coverage of Tragedies in Broadcasting, 2007; d) G.N.

260 of 2007 - Requirements as to Standards and Practice applicable to Disability and its Portrayal in the Broadcasting Media, 2007; e) G.N.
261 of 2007 - Requirements as to Standards and Practice applicable to the Family Viewing and Listening, 2007; f) G.N.

262 of 2007 - Requirements as to Standards and Practice applicable to Phone- ins in Programmes aired on the Broadcasting Media, 2007; g) G.N.

263 of 2007 - Requirements as to Standards and Practice applicable to Crawls and Captions in Television Programmes, 2007; h) G.N.
264 of 2007 - Requirements as to Standards and Practice applicable to various types of Polls broadcast on Radio and Television Services, 2007; i) G.N.

265 of 2007 - Requirements as to Standards and Practice applicable to the Conduct of Competitions and the Award of Prizes, 2007; j) G.N.

266 of 2007 - Requirements as to Advertisements, Methods of Advertising and Directions applicable to Tattoo Advertising, 2007; k) G.N.
267 of 2007 - Requirements as to Advertisements, Methods of Advertising and Directions applicable to Alcoholic Drink Advertising, Sponsorship and Teleshopping, 2007; l) G.N.

268 of 2007 - Requirements as to Advertisements, Methods of Advertising and Directions applicable to Gambling Advertisements, 2007.

A copy of these Requirements was circulated to all broadcasting stations by means of Circular 17/07 dated 23rd March 2007.
Moreover, a Legal Notice was published in the Government Gazette establishing the relative administrative penalties for infringements of these Requirements as well as amending the administrative penalties of other provisions of the Broadcasting Act.

This Legal Notice, Legal Notice 69 of 2007, entitled the Broadcasting Act (Amendment of Fifth Schedule) Regulations 2007, was published in the Government Gazette of Friday 23rd March 2007.
14 It is to be noted that all the above Requirements (apart from certain provisions in G.N.

257 of 2007 - Requirements as to Standards and Practice applicable to News Bulletins and Current Affairs Programmes, 2007) are mandatory and hence have to be followed by broadcasting stations.

The infringement of the said Requirements is subject to an administrative penalty as stated in Legal Notice 69 of 2007.
5.2 Broadcasting Authority Guidance and Requirements as to Standards and Practice applicable to News Bulletins and Current Affairs Programmes.

Following the conclusion of the consultation period on the Broadcasting Authority’s Guidance and Requirements as to Standards and Practice applicable to News Bulletins and Current Affairs Programmes, the Authority discussed the feedback which it had received and decided to amend paragraphs 7.2, 8.4, 11.1 and 14.1 of the said document.
The Authority passed on to approve the final version of the Guidance and Requirements as to Standards and Practice applicable to News Bulletins and Current Affairs Programmes which came into force on Monday, 12th February 2007.

The legal provisions on due accuracy and impartiality in news bulletins and current affairs programmes already exist in the Constitution of Malta and under article 13(2) of the Broadcasting Act.

The Broadcasting Authority continues to uphold these provisions.
5.3 Right of Reply on News Bulletins.

During 2007, the Monitoring Department noted that rights of reply, especially on the political stations, were read in such a way as to include station comments within the actual text of the reply itself.

This confuses the viewer who ends up not knowing which is the right of reply and which is the station comment.
The Authority thus approved an amendment to the Authority’s Requirements as to Standards and Practice Applicable to News Bulletins and Current Affairs Programmes in the sense that: a) b) a right of reply should not normally exceed 180 seconds; the reply should be read as submitted without any station comments made within the actual text of the reply; c) should the station wish to comment, it should do so after the entire right of reply is read out; d) the station remains at liberty to edit the reply to ensure that it is not in breach of any provision of the law; e) the right of reply should be read within two days from its receipt and the same prominence should be given to it as that given to the original broadcast; 15 f) the right of reply lapses after one month from the date of the original transmission.
5.4 Reconstruction Material and Interviewee Consent.

By means of Government Notice 729 of 2007, the Authority published a new version of the above requirements.

The Authority referred stations to paragraph 6.1 of the above-mentioned Requirements and clarified that the words “Reconstruction Material” applies only to those cases where a dramatisation in the news bulletins or in a current affairs programme takes place.

In such cases facts which would have actually occurred are dramatised.
But such dramatisation did not apply to any allegation made by any person or to hypothetical events.

For instance, evidence adduced before a court may be dramatised provided that it is faithful to the evidence tendered by a witness.

But it is not allowed to have dramatisation in the news or in current affairs programmes which is not factual.
The Authority further directed stations in the case of programmes in the Maltese language to use the caption “Dramatizazzjoni” whilst in English language programmes the words “Dramatised Reconstruction” had to be used.
With regard to paragraph 13.1.1 of the said Requirements which require broadcasters to air that part of the interview whereby the interviewee would have granted consent to be recorded, the Authority understood that, as the provision stood, there might be cases where such consent might have to be broadcast several times during the news bulletin thereby detracting from the flowing style of the news bulletin.
The Authority therefore clarified that a station would not need to comply with such requirement if the said station were to retain the recording of such interview for a period of three months from the date the interview or part thereof is broadcast.
During these three months, the Authority’s Chief Executive has the right to request the station to supply him with the interview’s tape so that the Chief Executive would be in a position to verify that the station has complied with the consent procedure and, should this not be the case, to take the necessary steps to ensure compliance with the requirements of paragraph 13.1.1 aforesaid.

5.5 Requirements on the Promotion of Racial Equality by Broadcasters.
Article 22a of the Television Without Frontiers Directive requires E.U.

Member States to ensure that broadcasts do not contain any incitement to hatred on ground of race, sex, religion or nationality.

Bearing this provision in mind, the Broadcasting Authority has on 7th March 2007 launched draft Requirements as to Standards and Practice on the Promotion of Racial Equality by the broadcasting media.

These Requirements were circulated to all broadcasters and to the general public for consultation purposes.
On approval by the Authority, they became legal mandatory requirements and sanctions will be imposed for their eventual breach.

16 Essentially these Requirements encourage broadcasters to be proactive by promoting racial equality in their programming, to exert a judicious decision when selecting presenters and participants during a programme dealing with racism and to foster a multicultural society.
When discussing multicultural issues, broadcasters will have to include the views of persons from different ethnic and religious backgrounds rather than report their views second hand.

Broadcasters will be required to take into account the linguistic and cultural differences which may be experienced by the interviewee and all necessary steps must be taken to place the interviewee at ease and to reflect the interview faithfully.
Viewers and listeners expect that broadcasters reflect their responsibility to respect and promote human dignity, in respect of both individuals and individuals as members of groups.

As the Broadcasting Authority had decided in the past that a programme had contributed to incitement to racial hatred (the Authority’s decision is still subject to judicial review), it was proposed in these draft Requirements that programmes should never stir up racial hatred.
Instead, programme schedules should give a fair reflection of the contribution of all races to society.

The broadcasting media must at all times be aware of the danger that arises when the media, deliberately or by inadvertence, encourage discrimination and intolerance.

Mindful of this danger, the broadcasting media will have to be aware of the fact that they cannot inflame hatred on inequality on grounds of ethnicity, nationality, race or colour, or incite criminal acts of violence.
The consultation process came to an end on 30 March 2007.

Subsequently, the Authority approved these Requirements which are now in force.

The text of these requirements is reproduced at Appendix IV of the report.

5.6 Requirements covering Telephone Calls and SMSs.

The Broadcasting Authority approved requirements to regulate the price of telephone calls and SMSs in the broadcasting media.

A copy of these requirements is found in Appendix V of this report.
5.7 Broadcasting Authority Directions to Broadcasting Services on Gambling.

Through Circular 34/06, issued on 31st August 2006, the above-mentioned Broadcasting Authority Directions were communicated to all stations.

But the Authority had postponed the date of the bringing into force of these Directions pending an evaluation of representations that had been made on the matter by various broadcasting stations, by Maltco Lotteries and by other interested parties.
The Authority also took the opportunity to evaluate existing arrangements for the regulation of gambling advertising in various European countries.

17 In the light of its evaluation, the Broadcasting Authority reviewed its Directions.

This review was carried out without compromising the primary objectives of these Directions, namely that gambling advertising in the local broadcasting media should be socially responsible, especially with regard to the protection of minors and other vulnerable persons.
On 1st February 2007, the Broadcasting Authority’s Directions to Broadcasting Services Imposing Requirements as to Gambling Advertising and Methods of Gambling Advertising entered into force.
The main objective of these Directions – which are mandatory - is to ensure that gambling advertisements on Maltese broadcasting media are socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited by advertising that features or promotes gambling.

The Directions also seek to promote appropriate ethical standards in the content of this category of advertising.
Gambling is defined to include gaming, remote gaming, betting, playing an authorised game under the Maltese Lotteries and Other Games Act, the Maltese Gaming Act, the national lottery, commercial bingo halls, internet gaming, and other forms of licensed gaming.
Excluded from this definition are gaming carried out for a philanthropic, charitable or other social purpose which the Broadcasting Authority may from time to time approve, as well as such gaming which is carried out in conformity with and is regulated by the Broadcasting Authority’s Directive on Conduct of Competitions and the Award of Prizes on the Broadcasting Media or any other provision in the Lotteries and other Games Act or any subsidiary legislation made thereunder regulating broadcasting media games.
The Directions provide for two distinct watersheds.

In so far as television is concerned, the directions require that television stations do not broadcast any gambling advertisements between 6:00am and 7:00pm and that when gambling advertisements are broadcast between 7:00pm and 6:00am, they cannot be broadcast during, or immediately prior to or after, children’s programmes or those programmes directed at or likely to be of particular appeal to children.
As to radio, the directions establish that radio stations cannot broadcast any gambling advertisements between 6:00am and 9:00am and between 2:00pm and 7:00pm.

When gambling advertisements are broadcast between 9:00am and 2:00pm and between 7:00pm and 6:00am once again they cannot be broadcast during, or immediately prior to or after, children’s programmes or those programmes directed at or likely to be of particular appeal to children.
The directions also list what type of advertising content is not permissible to be aired by television and radio stations in gambling adverts.

The text of these requirements is available at www.ba- malta.org.

18 These revised Directions came into force on the 1st February 2007 and are published in Appendix I of this report.

5.8 Pre-Screening Session Carried out by Aġenzija Appoġġ.
A pre-screening session has to be carried out by Aġenzija Appoġġ in terms of paragraphs 4.1.7 of the Requirements as to Standards and Practice Applicable to Participation in Media Programmes of Vulnerable Persons, 2007.
As Aġenzija Appoġġ requires some time in order to professionally carry out such pre-screening sessions, the Authority decided, following consultation with Aġenzija Appoġġ, that: a) such pre-screening session has to take place at least one week prior to the date of filming except in the case of L-Istrina where such screening has to take place at least one month prior to the date of filming so that in this latter case the necessary consent verifications may be made; b) no pre-screening session shall take place where the child is less than three years.
Should a child of less than three years appear on television, the child’s face has to be totally blurred so that the child cannot be identified; c) where a child is filmed overseas but subsequently participates in a local programme and the overseas film is used during such a programme, a pre-screening session will still be required; d) when parents/tutors consent to the appearance or participation of children in the broadcasting media such consent should be in writing and deposited with Aġenzija Appoġġ, the broadcasting station in question and the Broadcasting Authority; e) a handout was drawn up to be distributed to both the children, where applicable, and parents/tutors prior to the screening session so that they are made aware of what the pre-screening session is intended to achieve; f) a Pre-Screening Session Request Form detailing the child’s participation has to be filled in and copies are to be handed in to Aġenzija Appoġġ before the pre-screening session, to the station concerned and to the Broadcasting Authority; g) both the Pre-Screening Request Form and the Consent Form have to be duly filled and signed in triplicate before being forwarded to Aġenzija Appoġġ, the broadcasting station and the Broadcasting Authority; h) i) a pre-screening session at Aġenzija Appoġġ may be booked on 23 88 51 13; a pre-screening session is against a twelve Malta Liri (Lm12) equivalent to twenty seven Euros ninety six cents (€27.96) payment per assessment.
It was agreed between the Broadcasting Authority and Aġenzija Appoġġ that these procedures were to come into force on 1st March 2007.

19 5.9 Revision of the List of Major Events.

In November 2006, the Broadcasting Authority issued a consultation document proposing inter alia a review of the existing list of major events.

The consultation period closed on 7th December 2006 and the Authority has now reviewed the responses received.
The Authority had also consulted a number of organisations which have a direct interest in the matter.

In the light of this review, the Authority has drawn up a revised list of major events which has also been published in the Government Gazette and which entered into force on 29th January 2007.

A copy of this list is available at Appendix II of this report.
The lists of Cultural Events consist in the following: a) b) the Malta Song for Europe: final and qualifying nights; the Eurovision Song Festival: final night but the qualifying event has also been included in case of Maltese participation; c) the Malta Carnival: Saturday Carnival for Children, Carnival Sunday and Tuesday Floriana Carnival.
The list of Sports Events consists in the following: a) b) c) the Maltese national football team’s competitive home matches; the Maltese national football team’s competitive away matches; the final and semi-final games of the U.E.F.A.

Cup and of the U.E.F.A.

Champions League; d) the opening ceremony, the opening game, the quarter-finals, the semi-finals, the game for third place and the final of the FIFA World Cup; e) the opening ceremony, the opening game, the semi-finals and the final of the U.E.F.A.
European Football Championship; f) g) the opening ceremony and Maltese participation in the Summer Olympic games; the opening ceremony and the finals taking place on the last day of the Games of the Small States of Europe; and h) the March and September regattas.
Coverage of the above cultural and sports events is always direct and in full except in the following cases: (a) the Maltese national football team competitive home matches which is to be aired on a deferred basis within 24 hours from the time that the match has ended; and (b) the Malta Carnival held on Saturday afternoon is to be broadcast on a deferred basis and in full on Carnival Sunday afternoon only if the actual Carnival Sunday event has been cancelled.

Finally, the semi-final of the U.E.F.A.


Cup and of the U.E.F.A.

Champions League had to be considered a major event with effect from the football season 2007-2008.

20 This list of major events was being issued in terms of the provisions of Legal Notice 158 of 2000 [Broadcasting (Jurisdiction and European Co-operation) Regulations, 2000] which had transposed the provisions of Article 3c of the E.U.

Television Without Frontiers Directive.
This article, inter alia, provides that: “Each Member State may take measures in accordance with Community law to ensure that broadcasters under its jurisdiction do not broadcast on an exclusive basis events which are regarded by that Member State as being of major importance for society in such a way as to deprive a substantial proportion of the public in that Member State of the possibility of following such events via live coverage or deferred coverage on free television.
If it does so, the Member State shall draw up a list of designated events, national or non-national, which it considers to be of major importance to society”.

The list of major events was published in the Government Gazette of Monday, 29th January 2007.

5.10 Breach of Paragraph 13 of the Third Schedule to the Broadcasting Act.
The Monitoring Department warned broadcasting stations during the year about lack of compliance with paragraph 13 of the Third Schedule to the Broadcasting Act which requires programmes to be interrupted by advertising only after a period of at least 20 minutes would have elapsed between each successive advertising break within the programme.

Stations were requested to bring their house in order by 30th April 2007.

5.11 Broadcasting Authority Interpretation concerning Immovable Property Programmes.
The Authority had the opportunity to consider feedback on programmes involving the review of specific immovable property and decided to interpret the current laws to such programmes.
The Authority requested such programmes to conform with effect from 1st October 2007 to the following: a) b) c) the programme in question does not contain surreptitious advertising; no logos or shop fronts of estate agents may be shown during the programme; the person who shall describe the immovable property shall not be an employee or a representative of an estate agency; d) the specific location and the name of the street, square, road, etc.
where the immovable property is situated shall not be identified at any stage of the programme, either visually or orally.

It is, of course, permitted to refer to the city, town or village where the property is situated; e) no mention of the immovable property’s price shall be allowed.

21 5.12 Repeats during Summer Months.

During the summer months when radio gains popularity, television stations tend to repeat programmes broadcast during the previous nine months.
Hence broadcasting stations were requested to ensure that programmes containing violent scenes and adverts for alcoholic drinks are not broadcast during children’s television watching time but after 9.00p.m.

The Authority noted that in the summer period television programme repeats were not clearly distinguished as such by use of the letter “R” on screen.
The Authority directed television stations that each time a programme was repeated, the word “Repeat” had to be visible on screen and that this caption had to be broadcast during the first thirty seconds of the repeat programme and during the remaining part of the programme the letter “R” had to be shown on screen.
The Authority further noted that during repeats, competitions and telephone numbers or SMS numbers were given so that the viewer could either compete or participate through a phone call or an SMS during the programme.
In such cases it was felt important that competitions were left out during repeats or, should this not be the case, words in the sense that “As this is a repeat, the competition is no longer valid” or that “Telephone calls or SMS’s are no longer valid” had to be broadcast for the viewers’ information.

5.13 Teleshopping.
5.13 Teleshopping.

Notwithstanding the observations and directives communicated through Circular 47/06 dated 23rd November 2006, the Programme Monitoring Department noted that during teleshopping windows the applicable rules were not being complied with.

Amongst persistent non-observance of the regulations, the following were noted: a) reference was not always being made to the cooling off period with regard to those products to which such cooling off period applied.
On certain occasions, consumers were not being provided with this information notwithstanding that it was a mandatory requirement under the Distance Selling Regulations; b) not all products or services could be the subject of a direct offer and a direct response.
Indeed, during a teleshopping offer, it was not the shop which was up for sale but the products which that same shop was selling that could be the subject of teleshopping; c) the shop’s address should not be divulged or indicated by other means such as by providing the directions as to how to arrive at that shop.

All television stations were directed to comply with the law and ensure that all producers, including independent producers, were informed of these provisions.
22 5.14 Guidelines on Gender Equality and Gender Portrayal in the Broadcasting Media.

The Broadcasting Authority approved Guidelines on Gender Equality and Gender Portrayal in the Broadcasting Media.

These Guidelines were prepared by the Broadcasting Authority’s Equality Committee following consultation with the National Commission for the Promotion of Equality between Men and Women.
These Guidelines apply to all programmes, including news and advertisements, broadcast on radio and television stations in Malta and are intended to sensitise the broadcasting media to gender equality and portrayal.

They are directed to the people in production, decision-makers at broadcasting stations and producers of advertisements.

These Guidelines direct producers to use gender inclusive vocabulary and images.
They deal with sex-role portrayal in television and radio programming and address the issue of stereotyping in the broadcast media.

The Broadcasting Authority’s Guidelines focus on the equal representation of men and women in the broadcasting media.

The portrayal of men and women in the broadcasting media should reflect their actual social and professional achievement, career, interests and roles.
These media should moreover reflect the continuous change in Maltese society with regard to the professional roles of men and women.

The Gender Equality and Portrayal Guidelines further provide that men and women should be portrayed in a wide range of roles, both traditional and non-traditional, in paid work, social, family and leisure activities.

Men and women should both be seen as taking decisions to support the family and in household tasks and home management.
Television and radio programming should portray diversity in family structures, that is, not only marriages between woman and man but the portrayal of single parenting and adopted children.

Indeed, the portrayal of different family structures should be done in such a manner as to avoid ‘victimisation’ of typical structures.

It is imperative that these are not depicted in a pitiful state.
Broadcasters should promote recognition of tasks usually associated with women and portray them equally important as traditional male tasks and which should be carried out by both genders.

Certain subjects like family planning, welfare, health of the mother and the child, education and upbringing of children, should be directed at both men and women.
In addition, broadcasters should eliminate negative sex-role portrayal, that is, the representation which associates particular roles, types of behaviour and characteristics to people on the basis of gender without considering the characteristics of each individual.

Programmes should not reinforce the patriarchal power relation of society where men are seen to be more powerful.
The broadcasting media should not over emphasise certain roles of women mainly the domestic and sexual role and portray them as submissive.

Men and women should be portrayed in both public and private spheres.

23 Women should appear more on the screen and should not be seen in limited roles.

Women’s thinking abilities and men’s caring abilities should also appear on the screen as well.

Women should not be segregated in one type of programme known as ‘women’s programmes’.
Such programmes should be also targeted to men.

Subjects of interest to women are also interesting to the children’s fathers.

Such programmes are to be categorized as ‘family programmes’ rather than ‘women’s programmes.

These guidelines ensure that non-sexist language, that is the exclusion of one sex on the basis of gender, is not used in radio and television programming.

Sexist language reflects the idea that one sex is superior to the other.
Such language contributes, promotes or results in the oppression of one of the sexes to the detriment of the other and exploits an unfair distinction between sexes.

Sexist language imposes stereotypes.

Again, radio and television productions should not use language that can be offensive, misrepresents or excludes women or men.

Generic terms which include both sexes should be used with regard to the question of language in the media.
All discussion programmes’ panels should be constituted of both genders.

Television and radio stations are advised to increase the participation and involvement of both sexes in broadcasting as producers or decision makers in the industry.

Men and women should have equal responsibilities in the broadcasting industry.

Broadcasters should ensure both sexes equal access to all areas and levels of the broadcasting media.
Finally, broadcasting stations are encouraged to recruit a gender-balanced staff, to adopt an equality policy and a structure for the employment of both sexes in key sectors and in managerial level and that both sexes are involved in decision-making to promote an active and visible policy of mainstreaming a gender perspective in the broadcasting media.

A copy of these Guidelines is available at Appendix III of this report.

5.15 Broadcasting Authority Interpretation concerning Programmes on Motor Vehicles.
The Authority had the opportunity to discuss programmes on motor vehicles (hereinafter referred to as vehicles) to see how this type of programme is regulated in Europe and to carry out a monitoring exercise of currently produced programmes on Maltese television channels.

The Authority wishes to emphasise that this type of programme should not be of an advertising nature but of an informative and educational one.
Naturally, the current laws will still apply to such programmes but the Authority is now interpreting these laws vis-à-vis such programmes.
Such programmes had to conform with effect from 1st October 2007 to the following: a) programmes on vehicles shall not be considered in breach of the advertising regulations if several types or brands of vehicles produced, imported, retailed or hired by different vehicle manufacturers, importers, sellers or hirers are presented during the same series of the same programme; 24 b) it is allowed to mention the brand name of the vehicle and to sum up the good as well as bad aspects of the vehicle in question.
But it shall not be acceptable to mention only the positive aspects of the said vehicle or to have repeated close-ups of the vehicle’s brand name or any close-ups of the showroom from where the vehicle is exhibited, sold or hired.
The producer shall ensure that the programme is balanced when dealing with such positive and negative vehicle features; c) it shall not be permissible to invite viewers or listeners to buy such vehicles during such programmes; d) whilst subject to the overriding provision of paragraph (a) above, sponsorship of a programme on vehicles by an importer, seller, agent, hirer, etc.

is allowed, it shall not be permissible for a sponsor to advertise in that programme/s which s/he is sponsoring.
Furthermore, it shall not be permissible to have a vehicle reviewed during an edition of a programme on vehicles together with an advert of the same vehicle made by its importer, agent, hirer, etc.
; e) when the price of a vehicle is given, this shall not be allowed for marketing/sale purposes but only for analytical or comparative purposes in relation to other vehicles even if such other vehicles have not been tested during the same programme; f) the review of a vehicle’s features should be conducted by a competent person such as a mechanic or vehicle enthusiast provided that if the competent person is an employee or a representative of the firm importing, retailing or hiring such vehicles s/he is not introduced accordingly during the said programme; g) promotional material should be avoided.
Promotional material includes foreign promotional material supplied by the vehicle’s manufacturer or producer and which contains details of an advertising nature; or when the vehicle is given undue prominence beyond the informational pursuit.
Undue prominence is given when the address, telephone number or other contact details of the importer or agent are supplied, any website of the importer or agent are displayed or when the vehicle is filmed in the showroom and the name of the importer or agent or other details of the showroom are given so as to identify from which importer or agent that vehicle can be purchased; h) vehicle includes cars, buses, trucks, motorcycles and other means of transport of any class or description intended for the conveyance of persons or goods.
The Authority subsequently changed paragraph (d) of that interpretation to read as follows: “d) sponsorship of a programme on vehicles by an importer, seller, agent, hirer, etc.

is allowed.

It is also permitted for a sponsor to advertise in that programme/s which s/he is sponsoring.
However, it shall not be permissible to have a particular model of a vehicle reviewed during one particular edition of a programme on vehicles and an advert broadcast of the same model of vehicle.” 25 5.16 Major Events and Short News Reporting.

The Broadcasting Authority proposed amendments to the Broadcasting (Jurisdiction and European Co-operation) Regulations, 2000.

The proposed amendments dealt with Major Events and Short News Reporting.
As to major events, the Authority proposed to define the words ‘substantial proportion of the public’ as referring to ‘ninety per cent of the Maltese population who can receive free-to-air broadcasts’.

The Consultation with Broadcasting Stations held on 23rd August 2007 Authority also proposed that the broadcaster who has exclusive rights (the primary broadcaster) has to offer those rights to a free-to-air broadcaster (secondary broadcaster) at a reasonable market rate.
The proposed criteria to be used to determine such a reasonable market rate were: a) b) c) d) e) previous fees, if any, for the major event or similar events; time of day for live coverage of the event; the period for which rights are offered; the revenue potential with the live or deferred coverage of the event; and such other matters as may appear to be relevant.
However, following the conclusion of the consultation period, the Authority decided first to proceed only with regard to its second set of proposals – those on short news reporting.

Moreover, the Authority proposed to include provisions in Maltese law to establish and to regulate the right to short news reporting.
This right is important to the public because through it a primary broadcaster will not be able to monopolise all information with regard to an event which is of high interest to the public so much so that other broadcasters would not have any access to that information.

The proposed amendments, following precedents in Germany and Austria, and taking into consideration both the provisions of the Council of Europe’s Transfrontier Television Convention and the then proposed amendments being discussed at E.U.
level to the Television Without Frontiers Directive, elaborate on the practicalities of the implementation of the right to short news reporting.

Following the conclusion of the consultation process, the Authority advised the Prime Minister to make regulations on short news reporting.

The Prime Minister made regulations in terms of article 37(1) of the Broadcasting Act to regulate short news reporting.
These regulations which are known as the ‘Broadcasting (Short News 26 Reporting) Regulations, 2007’ came into force on 1st July 2007.

In terms of these regulations, the Prime Minister directed the Broadcasting Authority to conform to Malta’s international obligations assumed under Article 9 of the Council of Europe’s European Convention on Transfrontier Television which Article deals with short news reporting.
The right to short news reporting of an event where exclusive rights for their television broadcast have been acquired is regulated in terms of these Regulations.
In order to enable the public to exercise its right to information, the property right of the primary broadcaster - the broadcasting organization which holds the exclusivity for the television broadcast of an event - is the subject of limitations, in accordance with terms and conditions set out in the Broadcasting (Short News Reporting) Regulations, 2007.
Any secondary broadcaster - any broadcasting organization wishing to provide information, by means of short reports, on an event in which the primary broadcaster holds the exclusive rights – is entitled to provide information on an event by means of a short report.
An ‘event’ is defined as an event of high interest to the public which is transmitted on an exclusive basis by a primary broadcaster whilst ‘exclusive rights’ means the rights acquired by a broadcaster contractually, from the organizer of an event or the owner of the premises where the event takes place, the authors or other right holders, with a view to the exclusive television broadcast of the event by that broadcaster for a given geographical zone.
On the other hand, ‘short report’ means brief sound and picture sequences about an event such as to enable the viewers of the secondary broadcaster to have a sufficient overview of the essential aspects of such an event.

Such access is to be granted either (a) by allowing the secondary broadcaster to freely choose short extracts from the primary broadcaster’s signal.
Unless impossible for reasons of practicality, the secondary broadcaster has to identify the source of the extract as originating from the primary broadcaster; or else (b) by having access to the site to cover the event, for the purpose of producing a short report.

Nevertheless, the implementation of the right of access to the event cannot be impeded, restricted or delayed by reason of any claim for charges made by the primary broadcaster or by the event organiser, as the case may be.
For the implementation of the foregoing arrangements, the following aspects have to be taken into consideration: a) if an organized event is composed of several organizationally self-contained elements, each self-contained element shall be deemed to be an event; b) if an organized event takes place during several days, it shall give the right to produce at least one short report for each day; and c) the short report shall be used exclusively by the secondary broadcaster and only in regularly scheduled news bulletins.
27 Short extracts cannot: exceed 90 seconds; (b) be transmitted before the event is concluded or, for sports events, before the end of a single day’s play, whichever is the earlier; (c) be screened later than 24 hours after the event; (d) be used to create a public archive; (e) omit the logo or other identifier of the primary broadcaster.

The primary broadcaster is entitled to appropriate compensation for technical costs incurred.
In any event, no financial charge is required of the secondary broadcaster towards the cost of television rights.

Furthermore, if the secondary broadcaster is granted physical access to the site, the event organizer or site owner can charge the secondary broadcaster for any necessary additional expenses incurred.

Such charge must however be reasonable.


Where an event organizer or a site owner refuses or impedes the secondary broadcaster from gaining physical access to the site, the secondary broadcaster shall be entitled to file an application with urgency before the Civil Court, First Hall demanding that the event organizer or site owner be ordered by the Court to grant such access forthwith.

5.17 20-Minute Rule.


The Programme Monitoring Department reported that it had become increasingly common for sponsors of a programme segment (rokna) to be identified at the beginning or end of the said segment.
This form of presentation contravened sponsorship regulations and the Authority’s interpretation on sponsored programmes as spelt out in paragraphs (2) and (3) of circular 20/05 issued on the 18th March, 2005 which states that: “(2) It is allowed to identify a sponsor not only at the beginning and at the end of the programme but also when the programme is interrupted by advertising breaks.
In terms of paragraph 13 of the Third Schedule, a period of at least 20 minutes must elapse between each successive advertising break within a programme.

During such interruption of a programme it is allowed to identify a sponsor of a programme.

(3) A segment (rokna) of a programme can be sponsored but mention of the segment’s sponsor can take place only as stated in paragraph 2 above, that is, during one advertising break per segment”.
A proper interpretation and application of these rules implies that sponsors of segments can only be identified once, and this should take place within advertising breaks, which according to paragraph 13 of the Third Schedule should be 20 minutes apart.

In view of this, station managers were requested to refrain from applying such practices and conform accordingly, before further action is contemplated.

28 5.18 SMS’s on the Broadcasting Media.


The Authority drew the attention of broadcasters to their duty to edit SMS texts to ensure that no vulgar or rude words are transmitted on air and that as far as possible correct use is made of the Maltese language.

5.19 Weather Forecast.


When the weather forecast is broadcast, television stations sometimes provide a list of temperatures in foreign countries but instead of reading the respective temperatures in these cities as shown on the television screen, they tend to state that the television screen is giving such foreign countries’ temperatures without reading them out.

The same applies with regard to the weather forecast.
The Authority noted that in the case where there are blind persons in the audience, such people will not be in a position to know what the temperature is in foreign countries or what the weather forecast is.

Hence, the Authority directed all television stations to ensure that for the benefit of blind persons all tables shown on screen were to be read out.

5.20 Programme Classification.
Following various requests from broadcasting stations for clarification concerning the times when diverse programme categories can be broadcast prior to the 9:00pm watershed, the Authority established the following rules: Programmes which are classified as U, PG and 12 may be broadcast at any time during the day but in case of programmes classified as PG and 12 they must have the classification symbol in vision on the screen in terms of the Authority’s Requirements on Family Viewing and Listening.
Programmes which are classified as suitable for young persons above 16 years may be broadcast from 7:00pm till 6:00am subject to the classification symbol being shown as above.

Programmes which are classified as “Adults Only” should be broadcast between 9:00pm and 6:00am subject to the classification symbol being shown as above.

5.21 Lack of Separation and Surreptitious Advertising.
The Authority noted that in television programmes, the separation rules between informative and advertising content were not being observed.

The informative slot was being separated from advertisements by means of a jingle in such a way that it was difficult for the viewer to distinguish between the information slot and the advertisements once both dealt with the same thing.
In such cases, the Authority considered the information slot as part and parcel of advertising and the relative information slot’s duration would be counted within the 12-minute advertising clock hour 29 rule and considered as surreptitious advertising.
In order to ensure a clear and distinct separation between an informative slot and an advertisement, the Authority clarified the following: a) the set used in the informative slot had to be different from that used in the adverts which follow the informative slot; b) the product advertised after the informative slot comes to an end cannot be the same product referred to in the informative slot; c) no reference can be made by the presenter and/or guest/s during an informative slot to products mentioned during an informative slot; d) no reference can be made by the presenter and/or guests to the products which would be subsequently referred to in the adverts following such information slot; e) ideally, the advertising slot should be pre-recorded.
5.22 General Interest Objectives Consultation Document.

In September 2007 the Broadcasting Authority and the Malta Communications Authority have launched a Consultation Document entitled A Policy and Strategy for Digital Broadcasting that meets General Interest Objectives.

In 2005 the Government of Malta had reserved three frequencies for general interest objectives television channels.
The Consultation Document attempts to identify the criteria upon which such objectives can be identified as they will provide the basis for the application of the must-carry obligation for network operators.

The Consultation Document also proposes a revised broadcasting licensing regime which does away with the current anomalous situation between traditional broadcasters and multi-channel network operators.
Finally, the Consultation Document addresses the implications of digital radio on the audio broadcasting sector.

The free-to- air channels had requested the Authority to appoint a Committee to draw up proposals on the said Consultation Document.

A sub-committee consisting of a representative of TVM, NET TV, One TV and Smash TV together with Education 22 was set up for the aforesaid purpose.
Article 31(1) of the EU Universal Service Directive 2002/22/EC provides that ‘Member States may impose reasonable must carry obligations … on undertakings … where a significant number of end-users of such networks use them as their principal means to receive radio and television broadcasts.
Such obligations shall only be imposed here that are necessary to meet clearly defined general interest objectives and shall be proportionate and transparent.’ This provision has been 30 transposed into Maltese Law through regulation 51(1) of the Electronic Communications Networks and Services (General) Regulations, 2004.
According to the Consultation Document, for a television station to qualify as satisfying general interest objectives, it should promote cultural diversity, provide educational programming, objectively inform public opinion and guarantee pluralism.

These criteria are based on paragraph 7 of the Communication from the Commission on the Application of State Aid Rules to Public Service Broadcasting (2001/C 320/04).
This Communication also recognises in paragraph 14 that some commercial broadcasters – in addition to the public service broadcaster – may also be subject to public service obligations and play a role in achieving general interest objectives by contributing to pluralism, culture and political debate, as well as widening the choice of programmes.
On the other hand, those television channels which do not satisfy general interest objectives can still be licensed and operate as commercial television channels but will not be subject to the must carry rule on digital terrestrial networks and on the cable system.

The consultation period came to an end on 7th December 2007.

Following two extensions, the deadline for submission of feedback on this document lapsed on 15th February 2008.
Now Government has to formalise its policy position as soon as possible.

The relative legislation would have to be drawn up and presented to Parliament together with the designation of the must-carry operator.

Once all this is accomplished the television stations which satisfy general interest objectives will be selected and allotted space on the network operator’s reserved frequencies for television stations which satisfy general interest objectives.
A copy of the Consultation Document is available on www.ba-malta.org.

5.23 Technological Neutrality and Television Broadcasting Licences.

Following consultations with the Malta Communications Authority and the Office of the Attorney General, the Broadcasting Authority proposed to Government to amend one provision in the Broadcasting Act, Chapter 350 of the Laws of Malta, namely article 16B which deals with digital radio.
The reasons and objectives of this proposed amendment were to widen the scope of article 16B of the Broadcasting Act to empower the Broadcasting Authority to license broadcasting content not only on digital radio but even on other electronic communications networks which provide broadcasting content such as the cable network, digital terrestrial television stations and non-linear audiovisual media services.
31 This amendment was intended to: (a) ensure technology neutrality in so far as the regulation of programme content on diverse electronic communications networks are concerned.

This is a requirement of the E.U.


Telecommunications acquis and hence Malta will be complying with the principle of technology neutrality in its broadcasting legislation as well; (b) to ensure that all programme content, irrespective of the network on which it is broadcast, is regulated uniformly and consistently by the Broadcasting Authority.

This is indeed a better regulation requirement as it cuts down on the bureaucracy involved, e.g.
the same regulator will regulate broadcasting content in a more holistic fashion, one application form can be drawn up which will be applicable for any type of broadcasting content, irrespective of the network upon which that same content is aired; (c) to ensure that in so far as broadcasting content is concerned, the provisions of the Broadcasting Act are applied consistently to all networks by the Broadcasting Authority; (d) to legislate the current modus operandi in terms of which the Broadcasting Authority regulates broadcasting content and issues the relevant broadcasting content licences to broadcast on all electronic communications networks whilst the Malta Communications Authority regulates and licenses all technical matters on the said networks.
Since the Malta Communications Authority came into being a few years ago, there has been a healthy working relationship established wherein both authorities consult each other on matters of mutual interest and a clear separation of duties as explained above has been devised and applied.
In this way the Malta Communications Authority will continue to license cable and digital terrestrial networks whilst the Broadcasting Authority will license their programme content; (e) to prepare the way forward for the regulation of programming content on non-linear audiovisual media services as approved in the revision of the European Union’s Television Without Frontiers Directive.
In this way, Malta can prepare itself for the transposition of the said amendments into the Broadcasting Act as early as possible; (f) to enable different laws on our statute book to be able to speak to each other whilst using the same terminology, thereby bringing about consistency in the nomenclature used.
For this purpose the expression “network” in the Broadcasting Act is being defined by reference to the Electronic Communications (Regulation) Act 2007 so that both laws use the same terminology and thus bring about a more harmonious relationship between the two laws in question.

This amendment was adopted by Parliament through Part III, articles 19 and 20, of the Communications Laws (Amendment) Act, 2007 – Act XXX of 2000.
It is envisaged that a legal notice will be published by the Prime Minister to bring this amendment into force.

In the meantime 32 the Authority will be drawing up draft regulations for consultation in order to implement the provisions of the amended article 16B of the Broadcasting Act.

5.24 Political Broadcasting.

During 2007 the Authority was called upon to decide charges concerning political advertisements.
In terms of paragraph 1(f) of the Third Schedule of the Broadcasting Act it is prohibited to air political advertisements unless such adverts fall within a scheme of political broadcasts (e.g.

party political scheme, EU Parliamentary Elections, general election scheme, referendum scheme, etc.).

The Authority continued to interpret the words ‘political nature’ not only in the strict sense of the word as in partisan politics but also in a wider sense to include public policy.

33 6.
33 6.

PROGRAMME COMPLAINTS During 2007 the following complaints were dealt with by the Authority: On 16th January 2007, the Authority heard a complaint made by Mgr.

Guzeppi Farrugia, Archpriest of the parish of Victoria, Gozo, against Radju Katidral.

Mgr Farrugia had taken offence at what was said by Dr. Michael Caruana, in a programme broadcast on Community Radio, Radju Katidral, on 16th August, 2006, which he considered gravely injurious.
The Authority held that its jurisdiction was derived from the provisions of articles 21 A and 34 of the Broadcasting Act, with regard to fair and equitable treatment.

It was therefore not in a position to determine the veracity of the contentious words broadcast or whether they were injurious or defamatory in Mgr.

Farrugia’s regard as this did not fall within the Authority’s remit.
The Authority found that the words in question were certainly not suitable for broadcasting and that the station was legally bound, either to stop Dr. Caruana from continuing to speak in such a way or to use the delay mechanism in order to prevent such words from being broadcast.

In addition, the station’s licence conditions also determined that the station be used for the benefit of the community and not to spread distrust and hatred amongst its own members.

The Authority concluded that Mgr.


Farrugia was not treated in a just and fair manner and that the station should have intervened to prevent the law from being broken and the station’s licence conditions from being violated as well as to prevent the spreading of sectarian hatred in the community.

The complaint was upheld.


The Ministry for Investment, Industry and Information Technology complained that One News had not carried a correction, requested by the Ministry on 25th January, 2007, to an item in its news bulletin.

The station replied that it had not received the correction in question from the Ministry.
After hearing representatives of the Ministry and of the station, the Authority found that the Ministry had sent six communications to One TV on the same subject, five of which were carried by the station and one was not.

The Authority saw no reason why it should not accept the station’s submission once it had carried all the other previous communications from the Ministry on the same subject.
Also, as One News had not received the Ministry’s correction of 25th January, 2008, proceedings under article 34 of the Broadcasting Act regarding unfair treatment could not be considered, since the station could not have been in a position to broadcast the correction as it had done on the other five occasions.

The complaint was not upheld.


Alternattiva Demokratika complained that although both the Nationalist Party and the Malta Labour Party were represented in One TV’s programme Gianni Borg broadcast on 15th February, 2007, Alternattiva Demokratika had not been invited to take part, when the programme was about Local Councils and when local council election campaigns were taking place.
The Authority noted that Alternattiva Demokratika was only mentioned incidentally in the programme and that this comment by a Labour Party Councillor did not provoke any reaction from Alternattiva Demokratika since no 34 opinion was expressed about the Party.

The Authority also noted that, in conformity with a Constitutional Court ruling which decreed that popular party support is to be taken into consideration when determining time and facilities to be allocated for party political broadcasts.
Alternattiva Demokratika is never apportioned the same time and facilities as those provided to the Nationalist Party and the Malta Labour Party in its party political broadcast scheme.

The Authority further noted that Alternattiva Demokratika had taken part in six programmes of Gianni Borg in three consecutive months and it therefore could not be said that Alternattiva Demokratika was not given a voice on One TV.
On the other hand the Authority believed that in electoral campaigns, all private and political stations were to ensure that programmes of a political nature have as wide a participation as possible of diverse political opinions in the interests of viewers and listeners and it decided to urge all stations to abide by this recommendation.
The Nationalist Party complained that the news bulletin broadcast by One News on 6th February, 2007, had stated that the Prime Minister and Secretary General of the Nationalist Party had asked ex-Minister Lawrence Gatt to contest the Mosta local council elections on behalf of the Nationalist Party and that ex-Minister Gatt had withdrawn his candidature just before the closing of nominations.
In their complaint, the Nationalist Party alleged that the station did not act in a correct manner by putting a number of questions to the Secretary General and not reporting his reply correctly.

From the information available to the Authority it transpired that the Nationalist Party had considered the possibility of approaching ex-Minister Gatt to contest the Mosta Local Council elections on behalf of the Nationalist Party but in actual fact never did so.
The Authority found that the news item was not carried with due accuracy and upheld the Nationalist Party’s complaint.

Mr Michael Falzon complained that on 2nd April, 2007, One News had incorrectly reported, that in an article appearing in Malta Today on 1st April, 2007, Mr. Falzon had attributed the poor state of Bugibba to hoteliers.
Mr. Falzon further complained that although he had written to One News on 3rd April, 2007, denying that he had ever written such a statement and asking for a correction to be made, One News had repeated the allegations in its news bulletin broadcast on 4th April, 2007.

One News claimed that it had delayed making the necessary correction because its Head of News had not received Mr. Falzon’s letter directly and that One News had broadcast his correction on 5th April, 2007.
In view of the fact that One News had broadcast the necessary correction and had provided complainant with the remedy he had sought, the Authority did not proceed to decide on the complaint.
Mr. Chris Scicluna from the PR and Communications Unit at the Mater Dei Hospital complained that on 28th July, 2008, One News had reported him as having said that hospital employees below salary scale 12 would not be allowed to park their vehicles at the hospital free of charge, whereas in fact he had never made any such statement.
He also complained that only small parts of his reply, were actually broadcast, to which station comment was added and that when he again drew the station’s attention to his complaint and asked One News to remedy, the station did not oblige in 35 a satisfactory manner.

On investigation the Authority found that One News had broadcast Mr. Scicluna’s reply, in substance, even though the reply was broadcast together with the station’s comments in such a way that these were indistinguishable from each other.
The Authority also noted that Mr. Scicluna’s reply contained certain words which were not suitable for broadcasting, under the Press Act, and which the station was therefore not obliged to broadcast.

However, the station did broadcast that part of his reply, pertaining to a previous news item, where the station had been found to be incorrect.

The Authority did not uphold the complaint.
On 19th September, 2007, Azzjoni Nazzjonali wrote to complain about PBS’s lack of coverage of their party leader’s speech, when Dr. Josie Muscat spoke at the party’s first public activity organized in Birzebbugia on 10th August, 2007, about inaccurate information being broadcast by TVM about their activities and about PBS completely ignoring their party leader’s speech at a party activity organised in Gozo on 16th September, 2007, even though PBS had been notified about it beforehand.
In another letter dated 22nd September, 2007, Azzjoni Nazzjonali also complained about lack of coverage of a Press Conference the Party gave and of a press statement it issued on the previous day and about Azzjoni Nazzjonali not being invited to participate in TVM’s programme Reporter.
PBS pointed out that four out of six party activities had been carried and that the station’s policy on news reporting remained that of news value and that when the station’s resources do not permit sending personnel to cover such activities, it always sought to include a written statement about the event based on its importance and news value.

PBS normally always covered those political party activities which took place on Sundays.
Azzjoni Nazzjoni retorted that PBS’s replies were subjective and its decisions on news value arbitrary, the party had been ignored by PBS on a systematic basis, in Birzebbugia, Gozo, Floriana as well as Saviour Balzan’s programme whilst the station’s lack of resources was no valid reason for not covering its activities.
During the hearing it was established that TVM had carried reports of Azzjoni Nazzjonali activities on 9th June, 9th and 30th September and 7th October, 2007, and that the station had not carried those party activities which took place on 10th August and 21st September, 2007, whilst inaccurately reporting that the 9th September activity was the Party’s first activity.
After hearing the parties concerned and noting that TVM had carried four out of six activities organized by Azzjoni Nazzjonali, one of which was extensively covered as a lead item, the Authority rejected Azzjoni Nazzjonali’s claim of systematic discrimination on the part of PBS.

The Authority also decided that Azzjoni Nazzjonali was to have its activities treated in the same manner as those of the other political parties and be included in the PBS report of party political activities occurring on a Sunday.
The Authority further found that the leader of Azzjoni Nazzjonali had featured in the programme Reporter broadcast on 10th July and 8th October, 2007 and it therefore rejected the Party’s claim that it had not been invited to take part in the programme.

Alternattiva Demokratika complained that it had not been invited to participate, as a member of the studio panel with the other two main political parties, in the Bondi Plus edition of the programme to be broadcast on 5th November, 2007.
The Party claimed that the programme was scheduled to 36 discuss a politically controversial subject and that their exclusion from the panel was discriminatory and in breach of the station’s obligations to exercise balance and impartiality in its treatment of subjects of a political nature.
AD submitted that the party should form part of the main studio panel of participants as had been the case until recently when programmes were produced by the newsroom and it was important that matters were not left to Bondi Plus and the Party was concerned lest this was part of a strategy.

The Party was ready to take part with less time at its disposal so long as its participation was with the main studio panel and did not take the form of a recording.
AD reminded PBS that its party could in no way be compared to Azzjoni Nazzjonali which had never contested a General Election and still less a local one whereas AD had contested 5 general elections and scores of local council elections besides winning more than 9% of first count votes in the European Parliament.

PBS replied that the subject chosen ensued from the discussion on the Government’s budget proposals and for this reason the programme was to include the parties represented in Parliament.
The programme was also asking the social partners, the Unions, Alternattiva Demokratika and Azzjoni Nazzjonali for their opinion and that in terms of balance and objectivity, the programme was in order.

The station submitted that Alternattiva Demokratika did not produce elected Members of Parliament and once the Authority did not direct differently the station could not treat the Party in the same way as it treated the larger parties.
However, the station added that Alternattiva’s contribution would not be restricted and that the station was prepared to broadcast this in its entirety.

The Authority decided that in view of the fact that AD was to be given the opportunity to broadcast its views on the subject in their entirety, without any editing on the part of the station or the independent producer, it did not feel the need to impose on TVM the obligation to have AD representatives present in the studio throughout the whole programme.
The Nationalist Party complained that the two-minute spot broadcast on behalf of the Malta Labour Party at the beginning of the programme Bondi Plus on 12th November, 2007, had created an imbalance against the Nationalist Party.

The Nationalist Party claimed that the Shadow Minister of Finance was incapable of answering questions put to him by the presenter in the Bondi Plus programme of 5th November, 2007.
The party also submitted that the remedy provided by the PBS Editorial Board did not refer entirely to the Malta Labour Party proposals that were dealt with in this programme and that the spot represented the views of the Malta Labour Party and not the views of the Nationalist Party, since the Parliamentary Secretary Tonio Fenech was representing Government and not the Nationalist Party.
The Station submitted that the Editorial Board had based its decision on the presenter’s partial attitude and treatment of the interviewee and on the tables shown, which although originating from Government sources were displayed over the Malta Labour Party logo.
The Authority found that, after the showing of these tables, the representative of the Malta Labour Party was given less time to speak on the subject, that the subjects dealt with in the spot were relevant and that it was not correct to say that the Government representative was representing only Government, as promos of the programme had indicated the same representative as representing the Nationalist Party.
After listening to the parties concerned, the 37 Authority decided that there was not sufficient reason for the Authority to change the decision taken by the Registered Editor and Head of News of PBS with regard to the complaint made by the Nationalist Party.

The complaint was not upheld.

38 7.

BROADCASTING CASE LAW Summary of cases: Date of Decree/ Judgement 5/11/07 No.

1.

Court Ref.

No.
1.

Court Ref.

No.

Parties 961/2002 GV Public Broadcasting Services vs Broadcasting Authority Dr. Joseph M. Pirotta vs Joseph Grima pro et noe Smash Communications Ltd. vs Malta Communications Authority 2.

30/11/07 96/1995 3.

22/11/07 733/2005 AL Court Court of Appeal Remarks Court appeal declared abandoned in view of the fact that PBS Ltd. failed to pay security for costs.

Hence the judgement of the First Hall, Civil Court dated 29th April 2005 the favour Broadcasting Authority became effective.
of in Court of Appeal Court confirmed judgement of Civil Court, First Hall, in favour of plaintiff, ex-BA Chairman.

Civil Court, First Hall Court rejected law suit on the basis of a preliminary plea.

7.1 Public Broadcasting Services vs Broadcasting Authority.On 26th June 2002, the Broadcasting Authority’s Chief Executive accused TVM of having breached the Authority’s directive to broadcast Malta Labour Party spots by way of remedy to the broadcasts of Malta-EU Information Centre (M.I.C.)
spots once TVM failed to broadcast the Malta Labour Party spots.

After the Authority heard both the Chief Executive and TVM, it concluded that PBS Ltd. was guilty as accused and inflicted an administrative penalty to the amount of three thousand Malta Liri (Lm3,000) equivalent to six thousand, nine hundred and ninety Euros (€6,990).

Although PBS Ltd. paid the penalty, it commenced judicial review proceedings of the Authority’s decision before the Civil Court, First Hall.
By means of a judgement dated 29th April 2005, the Court found in favour of the Authority.

PBS Ltd. appealed the judgement before the Court of Appeal.

It, however, resulted that PBS Ltd. failed to pay security for costs, and hence, during the first sitting the Court of Appeal declared the appeal abandoned.

Hence the Civil Court First Hall’s judgement dated 29th April 2005 in favour of the Authority became final, and the Authority’s decision was thus confirmed.
39 7.2 Dr. Joseph M. Pirotta vs Joseph Grima pro et noe.

On 7th October 1994 a programme was aired on a radio station – Live FM – whereby the presenter, Mr Joseph Grima, passed several vulgar, insolent and unfair remarks against the ex-Chairman of the Broadcasting Authority, Professor Joseph M. Pirotta.

Amongst other things, it was claimed that the Authority’s ex-Chairman acted incorrectly and in a biased and discriminatory manner and that he was acting on instructions given to him by the Prime Minister.
Other vulgar words were hurled at the Authority’s ex-Chairman during the said programme, and Professor Pirotta was also referred to by such appellations as stupid, fool, etc.

The Authority’s ex-Chairman filed libel proceedings against the station’s owner.

The latter pleaded that the above words used by him during the broadcast in question were permissible under article 10 of the European Convention on Human Rights and Fundamental Freedoms regulating freedom of expression.
Indeed, the station owner, Mr Joseph Grima, claimed that he was exercising his right to freedom of expression, that the Authority’s ex-chairman was a public figure, that the statements made were based on substantially correct facts and that any person including Professor Pirotta himself could have phoned-in and intervened during the programme to make his case.

The Civil Court, First Hall, in its 7th October 1995 judgement found in favour of the Authority’s ex- Chairman.
On 3rd November 2007 the Court of Appeal confirmed the Civil Court, First Hall’s judgement declaring that the words used with regard to Professor Pirotta offended his honour, reputation and exposed him to public ridicule.

In its judgement the Civil Court held that, in so far as fair comment was pleaded by Mr. Joseph Grima, criticism of public officials could be severe provided it was based on facts that were substantially true.
The criticism had to be acceptable in a democratic society, or in the public interest.

A balance had to be struck between the right of freedom of expression and the defence to a person’s reputation, honour and good name, which every person in a democratic society was entitled to enjoy.

It was not acceptable to attack a person’s reputation by alleging false statements.

When the words uttered were per se derogatory and injurious, the intention to inflict harm was presumed.
The question is not what the defendant intended but what reasonable persons, knowing the circumstances in which the words were uttered would understand to be their meaning.

Liability for libel does not depend on the intention of the defamer but on the fact of the defamation.

The question is not what the writer of an alleged libel meant but what was the meaning of the words he had used.
It is not the defendant’s intention or the meaning in his or her own mind that constitutes the libel but what was the meaning and inference that would naturally be drawn by reasonable and intelligent persons reading it.

Aggrieved by the decision of the Civil Court, Mr. Joseph Grima entered an appeal calling for its revocation.

40 On 30th November, 2007 the Court of Appeal delivered its judgement by dismissing Mr. Grima’s appeal, thereby rejecting all his grievances.
It confirmed the decision of the Civil Court in its entirety, including the award of damages, which was not considered to be exaggerated in the circumstances.

The following reasons were given for the Court’s decision: • The fact that listeners could participate “live” was no defence, nor did it neutralise any libellous comment.

• The statements against Professor Pirotta were offensive, and were not acceptable in a democratic society.
The offensive words amounted effectively to “character assassination” of Professor Pirotta.

Nor was the veracity of the allegations proven.

• For words to be libellous, it was not necessary that they be repeated by others.

In the context of libel, it was sufficient if the words offended a person’s honour, reputation and exposed him to public ridicule.

There have been numerous judicial attempts to define what is defamatory.
The most common is that a defamatory allegation is one that tends to make reasonable people think the worst of the claimant.

• Professor Pirotta was entitled to sue for libel without the need to require a correction/ rectification.

• In view of the gravity of the offensive comments, it was not appropriate to consider Mr. Grima’s apology for the purposes of mitigating the quantum of damages.

His apology was made too late, and after the damage had been done.
7.3 Smash Communications Ltd. vs Malta Communications Authority.

The Civil Court, First Hall, dismissed a writ of summons file by Smash Communications Ltd. against the Malta Communications Authority whereby Smash had requested the court to order MCA to assign a digital frequency to Smash Communications Ltd.
However, the Court dismissed the writ of summons on the ground that Smash had not complied with the provisions of article 460 of the Code of Organisation and Civil Procedure which requires the service of a judicial letter or a protest upon any authority such as the Malta Communications Authority at least 10 days prior to the institution of judicial proceedings.

41 8.

EUROPEAN AND INTERNATIONAL RELATIONS 8.1 European Platform of Regulatory Authorities.
Between 16th and 18th May, 2007 the Chairman and Chief Executive of the Broadcasting Authority, participated in the 25th Meeting of the European Platform of Regulatory Authorities held in Prague, Czech Republic.

During this meeting the Broadcasting Authority Chief Executive, Dr. Kevin Aquilina, delivered a paper on the Regulation of Gambling Advertisements: The Maltese Experience.
Topics discussed during this conference included the following: the independence of regulatory authorities, new issues around advertising and the editorial split, media concentration and pluralism, assessing public service broadcasters and the licensing of new media content providers.

The Authority also participated during the 26th Meeting of the European Platform of Regulatory Authorities held in Sofia, Bulgaria, between 4th and 5th October 2007.
Topics discussed during this meeting included product placement, current status and problems of digital TV and radio implementation, technical and practical aspects of monitoring, regulatory challenges of the digital future and the broadcasting situation in EPRA Member States.

8.2 Mediterranean Network of Regulatory Authorities.

The ninth Meeting of the Mediterranean Network of Regulatory Authorities took place in Marrakesh, Morocco, between 29th and 30th November, 2007.
Dr Kevin Aquilina, Chief Executive of the Broadcasting Authority, attended the meeting.

During the Marrakesh meeting, the following topics were discussed: the circulation of audiovisual works in the Mediterranean area, intellectual property rights and its influence on the distribution of audiovisual works, television and children, the current reform of the EU Television Without Frontiers Directive and News and Developments in the Audiovisual Field at the Council of Europe.
8.3 EU Commission Audiovisual Media Services Regulatory Authorities’ working group.

Mr. Mario Axiak, Head of Research and Communications represented the Broadcasting Authority at the European Union Commission’s Working Group of the Audiovisual Media Services Regulatory Authorities in Brussels on 30th October 2007.

8.3.1 Background.

A new European Directive which will regulate television across Europe will soon amend the Television Without Frontiers Directive.
It has been in discussion between the European Parliament 42 and the Council of Ministers for the past twelve months.

In view of this new proposal, a meeting of the Working Group of the Audiovisual Media Services Regulatory Authorities was set up by the European Commission to discuss the implementation of the new directive.
Participants from all the EU countries were invited to attend and since the new directive names Broadcasting Authorities for the first time, the Broadcasting Authority was invited to attend, represented by the undersigned.

Also present for the meeting were representative of the European Platform of Regulatory Authorities [E.P.R.A.]

which also has membership of other Mario Axiak, Head Research and Communications Regulatory Authorities operating in neighbouring countries of the European Union.
8.3.2 Conference The one-day conference was organised at the Albert Borschette Conference Centre, Brussels on 30th October 2007 and was opened with a presentation from the Commission highlighting the fact that the new directive will cover both linear and non-linear broadcasts – all the different media platforms will fall under one directive expanding the present TVWF directive to cover the “provision of audiovisual media services”.

This covers all audio-visual content on all the different platforms.
8.3.3 Presentation by the Commission The Commission based its presentation on Chapter VI (b) – Cooperation between member states’ regulatory bodies.

The overlying principles of the new directive are based on three pillars: a.

Jurisdiction: this not only covers jurisdiction over each country’s broadcast programmes but also includes jurisdiction over broadcasts received from neighbouring EU countries.
A case in point is the broadcasting of programmes using a satellite up-link and directed towards another EU country – the case of Sweden receiving broadcasts through a satellite that are uploaded from the UK.

These broadcasts are only received in Sweden and not in the U.K.

In fact, in Sweden 47% of all programmes are received from abroad while 53% originate internally; the programmes from outside Sweden were also longer and continuous.
Thus a situation arose where broadcasts which were unacceptable in Sweden were being broadcast from another country where the regulatory authority of that country could never review the content of such broadcasts.

So, although the broadcasts transmitted from UK may have been within regulatory boundaries, those received in Sweden were in excess.
To remedy this situation, a Memorandum of Understanding was signed between The Office of Communications, UK and the Swedish Broadcasting Commission whereby offending broadcasts received in Sweden were sent to UK including also the penalties/fines that would be imposed under the Swedish Broadcasting Commission.

These charges where then levied by OfCom on their licensed broadcaster.
43 It is therefore of utmost important that in the regulation of national broadcasts, account should be taken care not only of national regulations but also of the regulations which would be received through overspill in other neighbouring countries.

In Malta’s case our local transmission are of high power but of low frequency thus eliminating any overspill.
However, in the case where the Broadcasting Authority would license satellite transmissions received in other countries under legislation similar to the Satellite Television Broadcasting Licence (Empowerment) Order [S.L.

350.13], the Broadcasting Authority will have to consider the regulations of other European Countries and make special provision in such licences which would enable the Broadcasting Authority to impose such fines as are requested by third countries.

b.
b.

Independence: Article 23b of the new directive does not specify how the independence of regulatory bodies of each jurisdiction is to be.

Any audiovisual regulator will be recognised by the Commission under the European Union and recognised as an independent body as the way and method of independence of each regulatory body is left to each individual state.

Independence can be either functional [i.e.

no links with operators and potential licence regulators]; financial; and/or structural independence.
According to the Commission, impartiality and transparency are the key factors that guarantee independence and, on this point, the Commission has posed the question of how can independence and impartiality of broadcasting authorities be verified.
In Malta’s case, jurisdiction of audiovisual content is between two Authorities – the Malta Communications Authority which regulates frequencies and media platforms with the issue of licences, or rather issues the approval for the use of a specific band/spectrum to individual non/commercial organisations; and the Broadcasting Authority which regulates the content of that specific licence.
To date, the Broadcasting Authority only regulates radio and television broadcasting content – all other audiovisual content on other platforms has been left excluded from the Authority’s remit.

c. Co-operation: between the Commission and individual authority is to be reinforced.

On this point, the Commission also emphasised cooperation between broadcasting authorities of the various states.

8.3.4 Call TV.
8.3.4 Call TV.

The first question posed by the Commission is “to which extent participation programmes may qualify as teleshopping programmes”.
The Commission referred to Case C-195/06 where the opinion of the Advocate General of the European Court of Justice whose advice was sought for the interpretation of Article 1 (c) and (f) – definition of television advertising and teleshopping – in the case of a game of chance participation which necessitates that the caller would have to use a premium rate telephone number.
44 Referring to Section 38 of the judgement of the Court on 18th October, the Commission said that there are three criteria to be considered: a. the importance of time and type of broadcast; i.e.

whether the call is only a minimal part of the content and time of the entertainment programme; b. that the questions between one caller and another are not connected with the promotion of goods or of services; c. the economic importance of the game as a whole; i.e.
whether the economic interest expected from that game proves to be incidental or not.

With regard to what counts advertising and self-promotion, Section 45 of the ruling gave a very generous meaning as it seems that the Court did not have any information on the economic value of phone-ins.

If the main purpose of the programme is the game then that programme should be deemed as teleshopping.
Ultimately, in deciding whether the programme is teleshopping or not, an economic analysis of the programme has to be made – does the programme give more importance to advertising or does the programme receive more income from the calls only?

This issue becomes more critical in the case of Psychic Channels and Tarrot Card Readers Channels.
The Commission remarked that teleshopping is an offer of a service, while in the Court case the question was whether the offer to play in a game of chance is an offer for sale.

The representative from Greece remarked that teleshopping is tele-fraud – it is a way of extracting money from victims through the telephone.
At this point, the Commission concluded that regulators have to work out how the extraction system was working: first by establishing the services of the telephone system provider for such a programme; then there is the relationship of the programme provider to the service being offered; and finally there is the relationship of the broadcaster to the programme service offered.

8.3.5 Review of the EU regulatory framework for electronic communications.
With regard to this item, the Commission said that the Electronic Communication Regulator of each state will only deal with frequency allocation and not content.

8.3.6 Mobile Television, a coordinated approach at EU Level.

The EU Commission’s policy for 2010 were highlighted with the first targeted commercial launches being for the Euro 2008 football and the Olympic Games.

There are three aspects which the Commission is promoting to the individual states: a.
Technical Aspects: the EU Commission encourages member states to implement DVB- H transmissions in their territory; b.

Regulatory Environment: the EU Commission recommends that a light-touch regulatory environment is needed; and c. Spectrum Management: the requirement to reflect on cross-border transmissions and management by each member state.
45 The EU Commission will be adding DVB-H to its official standards of transmissions and will be monitoring the implementation of DVB-H standards by the EU member states.

8.3.7 Hate speech in foreign channels.

On this issue, the EU Commission emphasized the need of information exchange between member states.
The Commission commended that a database of all broadcasting stations on all channels available in the European Union is being build up through the European Audiovisual Observatory.1 This database will contain key data about the channels themselves, information about audiences, and information about companies’ finances.

The Commission remarked that this database should facilitate information exchange between member states of such issues.
However, the point was raised whether the satellite operators of the various member states can be forced to supply to the states the uplinks that they were operating with.

With regard to hate speech in foreign channels received by the respective states, it was proposed that a legal instrument should be prepared by the Commission.

9.

GĦARGĦUR TRANSMITTING TOWER The Authority issued a tender for the strengthening of the Gharghur Tower after the tower structure has been reconditioned.
It is planned to have the tower strengthened by end of 2008.

1 http://www.obs.coe.int/about/oea/pr/miptv2007_mavise.html.en (17/04/2007) 46 10.

RADIO AND TELEVISION AUDIENCES IN MALTA: OCTOBER 2006 TO SEPTEMBER 2007 Article 30(2) of the Broadcasting Act requires the Broadcasting Authority to assess the effects of radio and television transmissions.
Broadcasting stations licensed by the Authority are in the process of a technology change-over from analogue to digital in view of the cut-off date from analogue which has been set at the end of 2010.

This technology change-over will greatly increase the number of broadcasting stations that can be licensed, thus increasing the Authority’s responsibility for assessing the effects of media broadcasts on local consumers.
During the period October 2006 to September 2007, there were six TV stations licensed by the Broadcasting Authority, while the last TV station to enter the media market started its transmissions on 1st October 2007 [UTV]; thirteen national radio stations; twenty-six long-term community radio stations; and another twenty-two community radio stations which have applied for a short-term broadcasting period not exceeding four weeks.
The Authority’s remit with regard to media consumption assessment does not fall short of the broadcasting stations licences by the Authority as it also includes the monitoring of cable transmissions, both analogue and digital, licensed by Government through the Malta Communications Authority.
In view of this, the Broadcasting Authority opted to commission the National Statistics Office to compile data through telephone interviews that are representative of the whole population with regard to gender, age and population distribution.

Telephone interviews were conducted on every day of the calendar year, and every quarter the data collected was forwarded to the Broadcasting Authority, analysed, and published on the Authority’s website.
Overall 3,615 individuals accepted to participate in the survey.

Responses were evenly spread out during the whole year and the response rate of 55.8% is within the range of such interview methods.

Over a target population of 352000, this sample had a margin of error of ±1.6%.

The target population of the survey consisted of Maltese residents aged 12 years and over, living within private households – the oldest person interviewed was 98 years old during the period January-March 2007.
The households were selected using systematic random sampling from a database containing all individuals and which is maintained and known only to the National Statistics Office – respondents’ personal data is not forwarded to the Authority as each person interviewed is successively enumerated.

47 10.1 Listening and Viewing Patterns.

During the period October 2006 to September 2007 radio listening was nearly constant through the whole period.
On overage, 54.1% of those interviewed listened to radio the day before the interview and this only varied by 4% from quarter to quarter [from 56% for October-December 2006 to 52% for January-March 2007 which was also the lowest quarter].

However, the number of interviewees who listened to radio but did not have a particular radio station has nearly doubled from October- December 2006 to July-September 2007 – an indication of radio channel hopping.
Oct-Dec 2006 Jan-Mar 2007 Apr-Jun 2007 Jul-Sep 2007 Average TV viewing, on the other hand, has a total of 72% following by households over the whole sample; No Particular Radio Station 3.9% 5.9% 7.2% 7.7% Do not Remember 0.9% 0.8% 0.8% 0.9% Radio Listeners 56.0% 52.0% 55.5% 52.8% 54.1% Listened to a Particular Radio Station 51.2% 45.3% 47.5% 44.2% Do not Listen to Radio 44.0% 48.0% 44.5% 47.2% 45.9% but has a decreased of 10.3% from October-December 2006 to July-September 2007 – a clear indication of seasonal effects when TV viewing decreased during the summer months.
Oct-Dec 2006 Jan-Mar 2007 Apr-Jun 2007 Jul-Sep 2007 Average Do not watch TV 22.8% 24.3% 28.9% 33.2% 27.3% No TV Set 0.8% 0.7% 0.7% 0.7% 0.7% TV Viewers 76.4% 75.0% 70.4% 66.1% 72.0% No particular TV station 9.2% 12.4% 11.3% 14.1% Do not remember 0.8% 1.0% 1.0% 1.2% Watched a Particular TV Station 66.4% 61.6% 58.1% 50.8% 10.2 Reception Platform.
Since the enactment of the Broadcasting Act 1991 and the liberalization of the market, broadcasting platforms have increased from terrestrial analogue, to cable, digital terrestrial, satellite, and mobile transmissions.
To date, analogue transmissions are being phased out; cable transmissions having both analogue and digital channels are available; digital terrestrial transmissions for both radio and televisions are being introduced; while the Broadcasting Authority has been delegated to license satellite television transmissions on behalf of the Government by the Minister responsible for Communications.
With this in mind, respondents were asked to indicate on which broadcasting platform they receive their household television broadcasts – namely through roof-top aerial, both analogue and digital, cable facilities, satellite dish, and through the Internet.

The data collected is that of private households and does not include transmissions received at commercial premises and/or at public locations as open-air public reception, clubs and pubs, etc.
48 Cable TV reception was the most prolific platform at 67.5% for the period October 2006 to September 2007; followed by roof-top aerial for analogue broadcasts [20.5%]; followed by satellite TV reception [7.9%].
On a month-to-month basis, roof- top aerial reception reduced from 27% in October 2006 to 18.5% in September 2007 attaining a total average of Radju Malta 7.7 Radju Parl/106.6 2.5 Magic Radio 4.8 One Radio Radio 101 Bay Radio Calypso Radio 17.0 6.2 12.3 12.3 RTK 10.1 Sm ash Radio 5.5 Radju Marija 8.1 Cam pus FM 0.9 20.5%; Cable TV remained Capital Radio nearly constant throughout XFM 4.6 4.2 this period attaining a total Com m unity Stations 2.8 year average of 67.5%; Foreign Radio Station 0.9 while Satellite reception had Other Station 0.1 a monthly total of 5.6% in October 2006 and ended with the monthly total of 0 5 10 15 20 October 2006 - Septem ber 2007 9.6% in September 2007 with a yearly total average of 7.9%.
The uptake of Digital Aerial through Multiplus reached only a yearly total average of 3.3% for the whole year.

10.3 Radio Listening.

Radio listening was spread over all the broadcasting stations – no local station registered a nil audience.
While some stations registered a constant primary position through the amount of listeners that tuned their radio receivers to that particular station, the percentage of listeners by station changed from quarter to quarter depending mostly on each station’s programming schedules and marketing techniques used in this highly competitive market.
Community radio stations registered on average a 2.8% of total listeners with their highest amount reaching 3.5% during July-September 2007 when the amount of one-offs nearly doubled the amount of community radio stations.

Overall, most of the radio broadcasting stations attracts more females than males – some much more than others.

There are, however, two exceptions – XFM with 68.1% males and Campus FM with 66.7% males.
Analysed by quarter, the percentage of males to females of each broadcasting station was not constant – while a percentage increase in males of a particular radio station in a particular period results in a similar percentage decrease in female listening of that particular station, some radio stations lost their male/female audiences to other stations.
A case in point is 49 Magic Radio whose both male and female audiences increased from January to September 2007 when compared to other broadcasting stations and even though its overall ranking is one of the lowest percentage quartile.
25.0 20.0 15.0 10.0 5.0 0.0 22.0 14.1 11.9 7.9 7.3 6.2 5.6 5.1 4.0 3.4 3.4 2.8 2.3 1.7 1.1 1.1 Males Females Oct-Dec '06 Jan-Mar '07 April-Jun '07 Jul-Sep '07 Oct-Dec '06 Jan-Mar '07 April-Jun '07 Jul-Sep '07 Radju Malta One Radio Calypso Radio Radju Marija XFM Other Station Radju Parl.
[106.6] Radio 101 RTK Campus FM Community Stations Magic Radio Bay Radio Smash Radio Capital Radio Foreign Radio Station Males Radju Malta Radju Parl.
[106.6] Magic Radio One Radio Radio 101 Bay Radio Calypso Radio RTK Smash Radio Radju Marija Campus FM Capital Radio XFM Community Stations Foreign Radio Station Other Station Oct- Dec '06 6.2 1.1 3.4 22.0 7.9 14.1 11.9 7.3 5.6 2.8 1.7 4.0 5.1 3.4 2.3 1.1 100.0 Jan- Mar '07 6.5 1.0 1.0 16.4 7.5 14.9 12.9 10.9 7.5 5.0 1.5 5.5 6.0 2.5 1.0 0.0 100.0 April- Jun '07 6.3 2.9 5.1 17.1 5.1 13.1 10.3 9.7 5.1 4.0 0.0 8.6 10.3 1.7 0.6 0.0 100.0 50 Jul-Sep '07 6.4 4.0 7.5 15.6 6.9 15.6 9.8 6.9 6.4 2.9 2.3 5.2 5.8 2.9 1.7 0.0 100.0 Oct- Dec '06 10.3 3.4 2.1 16.8 8.2 11.0 12.7 9.3 4.8 11.0 0.3 2.7 3.8 3.4 0.0 0.0 100.0 Females Jan- Mar '07 9.8 2.0 5.9 13.7 2.9 8.8 17.1 13.7 3.9 10.2 1.0 6.8 2.4 1.5 0.5 0.0 100.0 April- Jun '07 7.9 3.5 4.3 20.1 3.5 11.8 10.2 11.8 5.1 12.6 0.4 3.1 1.6 2.8 1.2 0.0 100.0 Jul-Sep '07 6.7 1.3 9.4 15.2 7.6 10.7 12.9 9.8 5.8 11.6 0.4 2.7 1.3 4.0 0.4 0.0 100.0 Different age groups have different tastes especially those concerning particular radio stations that would be targeting specific sectors of the local population.
The more the spread of age groups per broadcasting station gives an indication of the diversification of that station’s programme content.

Only four radio broadcasting stations managed to attract audiences from each of the seven age groups analysed: Magic Radio, One Radio, RTK, and Smash Radio.

The analysis of radio listening by district should, percentage wise, be homogeneous and reflective of the population density in each area.
The distribution of the sample closely follows the population density by district and thus, each station’s audiences should closely follow this percentage – the exception being community radio stations where their broadcasts are not nationwide.

Not all nationwide broadcasting stations followed this pattern; especially those owned by the main political parties – these are more heavily followed in certain areas than in others.
Of those who listen to radio, the average number of hours that each radio listener spends in programme-following differs by quarter.
While the total average number of hours radio listeners spent in October-December 2006 stood at 4.4 hours of radio listening every day, this number of hours gradually reduced during each quarter from January to September 2007 to 3.65 hours every day – a decrease of 17%: October – December 2006: January – March 2007: April – June 2007: July – September 2007: All Radio Listeners 4.41 hrs.

every day 4.42 hrs.

every day 3.90 hrs.

every day 3.65 hrs.

every day Total Sample 2.26 hrs.

every day 2.00 hrs.
every day 2.00 hrs.

every day 1.87 hrs.

every day 1.63 hrs.

every day Radio consumption was fairly regular throughout the whole period of October 2006 to September 2007.
Analyzed by time brackets, the same pattern of radio listening is throughout by quarter and by time-bracket: 40 35 30 25 20 15 10 5 0 > 6:00 6:00-9:00 9:00-12:00 12:00-17:00 17:00-20:00 20:00-24:00 Oct-De c Jan -M ar A p r -Ju n Ju l-Se p 51 Each broadcasting station’s monthly percentages were totalled and averaged for the whole period of October 2006 to September 2007.
The monthly averages of each station’s percentages were then ranked and plotted against each station’s ranking, resulting in the figure below: Average % 20 16 12 8 4 0 Radju Parlam ent [106.6] Foreign Radio Station Other Station Cam pus FM Oct 2006 - Sep 2007 One Radio Calypso Radio RTK Bay Radio Sm ash Radio Radju Marija Capital Radio XFM Magic Radio Com m unity Stations Radju Malta Radio 101 0 2 4 6 8 10 12 14 16 18 Ranking One Radio Radju Marija Magic Radio Radju Parlam ent [106.6] Bay Radio Radju Malta Capital Radio Cam pus FM Calypso Radio Radio 101 XFM Foreign Radio Station RTK Sm ash Radio Com m unity Stations Other Station 10.4 TV Viewing.
Although, on average, TV viewing has a much more reach than radio by having average viewers of 72% of the population, not all local broadcasting stations managed to maintain a steady audience – especially the last entrants to the market [iTV].

While TVM maintained a healthy population percentage of over 30% for the first nine months of this assessment [from October 2006 to June 2007] it has halved its audiences for July-September 2007.
Both One TV and Net TV have followed a similar pattern; however One TV’s audience losses for the period July-September 2007 was less than that of TVM [15.3% for One TV as compared to TVM’s losses of 50.1% from April-June to July-September 2007].

Net TV, on the other hand, has increased its audiences by 30.2% during the same period of July-September 2007 over that of the previous quarter of April-June 2007.
Besides, since the number of broadcasting stations on the various platforms available is quite extensive, a category [“Other TV station”] was created to include all other stations retransmitted through cable – both digital and analogue.

And over the period October 2006 to September 2007, this category has steadily increased from 6.7% to 17.1%.

Similarly Rai 1 which increased the percentage of viewers from 2.5% during October-December 2006 to 6.8% for July-September 2007 over the same period.
52 30.2 17.9 10.7 Overall, for the whole period October 2006 to September 2007, 30.2% of local households followed the public service provider, TVM, followed by One TV at 17.9%.

The third and fourth position was highly contested as Net TV was slightly superseded by Other TV Station by a mere 0.3%.
However, a high percentage of local TVM One TV Net TV Sm ash TV 0.7 ITV 0.1 Education 22 0.1 Rai 1 4.4 Rai 2 1.0 Rai 3 0.6 Rete 4 2.9 Canale 5 Italia 1 7.2 8.6 consumers changed their Discovery Channel 2.0 pattern of viewing from those originating from the local media market to those broadcast abroad and made available on local media platforms.
Analysed by quarter, the percentage of males to MTV 0.9 BBC Prim e 1.6 BBC World 0.1 Other TV station 11.0 0 October 2006 - Septem ber 2007 females of each broadcasting stations was not constant – the more the audiences shifted their viewing patterns opting for foreign productions retransmitted on local cable services, the percentage of males to females of each broadcasting station followed suite.
Most of the TV broadcasting stations attract more females than males – some much more than others like Canale 5 [78.8% females] and BBC Prime [67.6% females].

The exceptions to female audiences are Other TV Station [58.6% males] followed by Rai 3 [58.3% males].
On the other hand, the most preferred station by both fe/male audiences is TVM [26% of all males and 33.3% of all females]; after which the next most followed station by females is One TV [20.1%] followed by Net TV [10.4%], while the second most followed station by males is Other TV Station [15.4%] followed by One TV [14.9%].

Analysed by quarter, the percentages of males to females of each broadcasting station followed the overall percentage of each broadcasting season by quarter with some exceptions.
While TVM only lost 2.1% of its audiences over the previous quarter from January-March 2007 to April-June 2007, it lost 7.3% of all female audiences from 41.6% in January-March to 34.3% in April-June while gaining 0.4% of male audiences from 26.7% to 31.1% between the same quarters.
One TV, 53 on the other hand had a constant loss of male audiences by quarter from 19.5% in October- December 2006 to 10.8% in July-September 2007; but then lost only 1% of its female audiences from October-December 2006 [20.7%] to January-March 2007 [19.7%]; gaining another 1.6% of female audiences in the next quarter [April-June 2007: 21.3%]; and loosing 3.1% in the last quarter [July-September 2007: 18.2%].
Net TV had the opposite effects as those described for TVM: when TVM lost its audiences –both males and females, Net TV had an opposite increase in its audiences; and vice-versa.

What is evident is that between broadcasting quarters consumer choice of programmes has varied between stations and that station loyalty has diminished.

Whether such movements were the result of differentiated programme schedules or not has to be investigated.
45.0 40.0 35.0 30.0 25.0 20.0 15.0 10.0 5.0 0.0 Males Females 41.6 30.7 31.1 36.0 34.3 26.7 16.2 14.6 12.6 12.1 3.6 3.2 3.2 3.2 1 .

2 1.2 0.8 0.4 0.4 0.4 0.0 0 .

0 16.3 12.0 9.6 8.1 7.7 4.3 4.3 2.4 2.4 1 .

4 0.5 0.0 0.0 0.0 0.0 0 .

0 22.1 14.2 13.2 11.8 10.8 9.3 5.4 3.4 3.4 2.0 1.5 1.0 0.5 0.0 0.0 1 .

5 0 .

0 20.7 14.4 9.5 7.4 4.6 2.2 1.9 1.1 0.5 0.5 0.3 0.3 0.0 0.0 0 .

5 0 .

0 21.3 19.7 18.2 17.8 13.0 11.1 9.5 7.9 7.5 4.3 3.2 2.0 1.6 1.2 0.8 0.0 0.0 1 .

2 0 .
2 0 .

8 11.7 8.9 6.7 5.7 5.1 2.2 1.6 1.0 1.0 0.3 0.0 0.0 0.0 0 .

3 0 .

0 9.7 8.4 7.8 4.4 2.2 1.9 1.3 0.9 0.9 0.3 0.0 0.0 0.0 0 .

9 0 .

0 19.5 10.8 10.4 10.0 3.7 3.3 3.3 2.1 1.7 1.7 1.2 0.4 0.0 0.0 1 .

2 0 .
0 Oct-Dec '06 Jan-Mar '07 Apr-Jun '07 Jul-Sep '07 Oct-Dec '06 Jan-Mar '07 Apr-Jun '07 Jul-Sep '07 TVM Sm ash TV Rai 1 Rete 4 Discovery Channel BBC World One TV Education 22 Rai 2 Canale 5 MTV Other TV station Net TV ITV Rai 3 Italia 1 BBC Prim e 54 TVM One TV Net TV Smash TV Education 22 ITV Rai 1 Rai 2 Rai 3 Rete 4 Canale 5 Italia 1 Discovery Channel MTV BBC Prime BBC World Other TV station Males Females Oct-Dec '06 30.7 19.5 10.8 0.0 0.0 0.0 3.3 1.2 1.7 3.3 3.7 10.4 1.7 2.1 1.2 0.4 10.0 100.0 Jan-Mar '07 26.7 16.2 12.6 0.4 0.0 0.0 3.6 1.2 0.4 3.2 3.2 12.1 3.2 0.4 1.2 0.8 14.6 100.0 April-Jun '07 31.1 12.0 8.1 2.4 0.0 0.0 7.7 1.4 0.0 4.3 4.3 9.6 2.4 0.0 0.5 0.0 16.3 100.0 Jul-Sep '07 14.2 10.8 13.2 0.5 0.0 0.0 5.4 1.5 1.0 3.4 3.4 11.8 9.3 1.5 2.0 0.0 22.1 100.0 Oct-Dec '06 36.0 20.7 14.4 0.3 0.5 0.0 1.9 0.5 0.0 2.2 7.4 9.5 0.3 0.5 1.1 0.0 36.0 100.0 Jan-Mar '07 41.6 19.7 7.8 0.0 0.0 0.0 2.2 0.9 0.9 1.3 9.7 4.4 0.9 0.3 1.9 0.0 41.6 100.0 April-Jun '07 34.3 21.3 8.9 1.0 0.0 0.0 5.1 0.3 0.0 2.2 11.7 5.7 0.3 1.0 1.6 0.0 34.3 100.0 Jul-Sep '07 17.8 18.2 9.5 2.0 0.0 0.8 7.9 1.2 0.8 4.3 11.1 7.5 1.2 1.6 3.2 0.0 17.8 100.0 Analysing the population data by age groups, for the whole period of October 2006 to September 2997 TVM was the most tuned in station for all those over the ages of 25 years and over.
Italia 1, on the other hand, was the most preferred station for those under 25 years old.

The second most followed station was One TV for three age groups [30-49 year olds; 50-64 year olds; and 65-79 year olds]; followed by Net TV for two age groups [50-64 year olds and 65-79 year olds].

Not all local and foreign broadcasting stations managed to have a spread of viewers from all the seven age groups analysed.
From the local broadcasting stations only TVM, One TV and Net TV had viewer following across all age-group with TVM having its highest percentage following of viewers [31.3% of all TVM viewers] from the 30-49 age group.

On the other hand, the audiences of both One TV and Net TV were coming from the 50-60 age group [39.12% of all One TV viewers and 33.3% of all Net TV viewers].

Analysed by district, TVM was the most preferred station in all six districts as listed in the National Census 2005.
One TV was the second most preferred station in four districts: the Southern Harbour area, Northern Harbour area, South Eastern area, and Western area; and the third most preferred station in the Northern Harbour Area and Gozo and Comino.

Net TV was the second most preferred station in Gozo and Comino and third more preferred station in the Western Area.

Starting from 1st April 2007, the Authority wanted to research teleshopping originating from the Maltese islands.
Respondents were asked whether they regularly watch teleshopping and on which channel such programmes are followed.

Of all those who had watched television the day before the interview 11.8% for the period April-June 2007 and 14% for the period July-September 2007 stated that they regular watch teleshopping programmes.

The most regular viewers were females [76.6% - April-June 2007; 66.7% - July-September 2007 – of those who regularly watch 55 teleshopping].
Such programmes mostly attracted those in the 50-64 age bracket [34.6% - April- June 2007; 32.8% - July-September 2007] followed by those in the 65.79 age group [31.8% - April- June 2007; 18.6% - July-September 2007]; and those in the 30-49 age-group [24.3% - April-June 2007; 25.4% - July-September 2007].
Of concern is that for the periods April-June and July- September 2007, 1.87% and 2.82% of those who said that they watched teleshopping programmes regularly were children between the ages of 12 to 14 year olds.

Teleshopping was mostly followed on iTV [27.5%]; followed by One TV [20.4%]; Smash TV [18.3%], TVM [10.9%] and Net TV [7.7%].
14.8% of those who stated that they watched teleshopping programmes regularly did not remember on which station they usually watch teleshopping while 0.4% stated that they usually watch teleshopping on Education 22.

The total number of hours spent watching TV of all those who regularly watch TV programmes were multiplied by each viewer and the average number of hours that each TV viewer spends in programme following was calculated for every quarter.
The total average number of hours spend by regular TV consumers was nearly constant throughout the year but with a slight increase during the period January-March 2007.

However, calculating the same total number of hours spent over the whole sample for each quarter, the national average total hours spent by the population has diminished by 22.9% from October-December 2006 [1.57 hrs.

every day] to July-September 2007 [1.21 hrs.


every day]; having only a 7% increase for the period January-March 2007 over the previous quarter: October – December 2006: January – March 2007: April – June 2007: July – September 2007: All TV Viewers 2.35 hrs.

every day 2.66 hrs.

every day 2.38 hrs.

every day 2.36 hrs.

every day Total Sample 1.57 hrs.

every day 1.68 hrs.

every day 1.40 hrs.

every day 1.21 hrs.


every day TV consumption was fairly regular throughout the whole period of October 2006 to September 2007.

Analyzed by time brackets, the same pattern of TV consumption is throughout by quarter and within each time bracket.
Of note is that afternoon TV consumption starts diminishing reaching its lowest point during the 7:00pm-8:30pm time bracket: 56 40 35 30 25 20 15 10 5 0 >12:00 12:00-19:00 19:00-20:30 20:30-22:00 22:00-24:00 Oct-De c Jan -M ar A p r -Ju n Ju l-Se p Each broadcasting station’s monthly percentages were totalled and averaged for the whole period of October 2006 to September 2007.
The monthly averages of each station’s percentages were then ranked and plotted against each station’s ranking, resulting in the figure below.
Average % 40 35 30 25 20 15 10 5 0 Education 22 BBC World ITV Oct 2006 - Sep 2007 TVM Other TV station Canale 5 Italia 1 Net TV One TV BBC Prim e Rai 2 Rai 1 Rete 4 Discovery Channel Sm ash TV MTV Rai 3 0 2 4 6 8 10 12 14 16 Ranking 18 TVM Canale 5 Rai 2 BBC World One TV Rai 1 MTV Education 22 Other TV station Rete 4 Sm ash TV Net TV Discovery Channel BBC Prim e Rai 3 Italia 1 ITV 10.5 Audiences.
Respondents were asked to state at which times they started and stopped listening to their radio and television units.

These time brackets were listed by the interviewer as time start-up and time- ending.

The 24-hour clock was divided into half-hour brackets and each time-period was recorded separately.
Thus, while each respondent was only counted once in the above sections; in this section, a viewer/listener spending two-hours of radio-listening from say 08:00am to 10:00am as recorded by the interviewer was counted four times.

57 These counts were then grouped according to the listening-day of the interviewee, and all the counts for each respective week-day were grouped together, thus forming the basis of broadcasting media consumption by week-day.

10.5.1 Radio Audiences: a.


Radio Daily Average Audience Share: October 2006 to September 2007: The Daily Average Audience Share for all the week-days, by radio broadcasting stations, is presented below.

Overall, One Radio has attained the highest daily average [1.82%] for six days of the week, with its highest average being on Sundays [2.23%].
This was followed by Radio Calypso with the next highest daily average [1.24%] while reaching its highest on Wednesdays [1.47%] exceeding One Radio: RADIO DAILY AVERGE AUDIENCE SHARE: OCTOBER 2006-SEPTEMBER 2007 t n e m a l r a P u d a R j ] 6 .
6 0 1 [ 0.51 0.15 0.03 1.51 0.44 0.80 1.43 0.71 0.29 0.83 0.02 0.33 0.35 0.17 0.00 0.04 98.89 Mon 0.82 0.31 0.03 1.99 0.28 0.67 1.09 0.72 0.42 0.94 0.06 0.39 0.31 0.50 0.02 0.00 98.77 Tue 0.60 0.23 0.05 1.41 0.53 0.59 1.47 1.07 0.33 0.41 0.02 0.26 0.69 0.25 0.06 0.00 98.83 Wed 0.52 0.13 0.07 1.88 0.57 0.97 1.20 0.87 0.33 0.95 0.05 0.36 0.26 0.24 0.11 0.00 98.71 Thu 0.45 0.15 0.07 1.55 0.46 0.61 1.54 0.88 0.26 0.40 0.01 0.29 0.24 0.46 0.05 0.00 98.86 Fri 0.52 0.12 0.06 2.20 0.45 0.23 0.78 0.81 0.44 0.31 0.14 0.25 0.26 0.23 0.06 0.00 98.99 Sat Sun 0.29 0.02 0.03 2.23 0.16 0.74 1.16 0.52 0.63 0.47 0.05 0.12 0.19 0.09 0.05 0.00 99.00 Daily Average 0.53 0.16 0.34 1.82 0.41 0.66 1.24 0.80 0.39 0.62 0.05 0.29 0.33 0.28 0.05 0.01 92.04 b.
Radio Weekdays Peak Audiences: October 2006 to September 2007: Another indication of a radio station’s popularity with its audiences is the highest percentage of audience share obtained at any particular week for each week-day.

Working out the audience peaks of each broadcasting station over the whole data for the period October 2006 to September 2007 would be misleading – take the case of a broadcasting station which registered audiences during one quarter but no audiences during another quarter.
Thus, comparative figures were worked out only for each broadcasting quarter.
The Weekday Peaks attained by each radio broadcasting station are summarized below: RADIO WEEKDAY PEAK AUDIENCES: OCTOBER 2006 – SEPTEMBER 2007 I I I T N E M A L R A P A T L A M U J D A HIGHEST PEAK R Oct-Dec '06 Jan-Mar '07 Apr-Jun '07 Jul-Sep '07 N O T A T S R E H T O .
6 0 1 / M F X - - - K T R O D A R O S P Y L A C R .
I I I I I I I I I I I I I 58 c. Radio Audience Share: October 2006 to September 2007: Taking all the readings for all the weekdays and calculating the total average by each broadcasting station, the table and figures below represents the daily average radio audience shares attained by each broadcasting station by broadcasting quarter: RADIO TOTAL DAILY AVERAGE AUDIENCE SHARE: OCTOBER 2006 -SEPTEMBER 2007 Total Average R S Jul-Sep 2007 5.61 2.31 6.95 24.32 4.81 9.59 15.00 6.68 5.51 7.55 0.57 2.34 3.34 4.58 0.84 Apr-Jun 2007 7.61 2.55 4.60 23.05 4.34 6.72 13.81 10.34 5.85 9.53 0.06 4.69 4.37 2.03 0.46 Jan-Mar 2007 7.47 0.67 3.67 19.81 4.20 7.64 17.43 13.35 3.36 7.86 1.57 5.40 4.00 3.58 0.45 Oct-Dec 2006 6.95 2.33 1.60 24.65 7.02 9.23 15.77 9.83 4.84 6.18 0.31 2.06 4.53 3.78 0.70 .
6 0 1 / M F X K T R R .
Community Stations 4.6% Foreign Radio Station 0.8% Radju Malta 5.6% Capital Radio 2.3% XFM 3.3% Campus FM 0.6% Radju Marija 7.6% Smash Radio 5.5% RTK 6.7% Calypso Radio 15.0% Bay Radio 9.6% Radju Parlament [106.6] 2.3% Magic Radio 6.9% One Radio 24.3% Radio 101 4.8% Radio: Jul-Sep 2007 Capital Radio 4.7% Cam pus FM 0.1% Radju Marija 9.5% Sm ash Radio 5.8% RTK 10.3% Com m unity Stations 2.0% XFM 4.4% Foreign Radio Station 0.5% Radju Malta 7.6% Radju Parlam ent [106.6] 2.5% Magic Radio 4.6% Super One Radio 23.0% Radio 101 4.3% Calypso Radio 13.8% Bay Radio 6.7% Radio: Apr-Jun 2007 59 Com m unity Stations 3.6% Foreign Radio Station 0.4% Capital Radio 5.4% XFM 4.0% Cam pus FM 1.6% Radju Marija 7.8% Sm ash Radio 3.3% RTK 13.3% Radju Malta 7.4% Radju Parlam ent [106.6] 0.7% Magic Radio 3.6% Super One Radio 19.7% Radio 101 4.2% Calypso Radio 17.4% Bay Radio 7.6% Radio: Jan-Mar 2007 Com m unity Radio Stations 3.8% Foreign Radio Station 0.7% Capital Radio 2.1% XFM 4.5% Other Station 0.2% Radju Malta 7.0% Radju Parlam ent [106.6] 2.3% Magic Radio 1.6% Super One Radio 24.7% Cam pus FM 0.3% Radju Marija 6.2% Sm ash Radio 4.8% RTK 9.8% Calypso Radio 15.8% Radio 101 7.0% Bay Radio 9.2% Radio: Oct-Dec-2006 60 10.5.2 TV Audiences: a. TV Daily Average Audience Share: October 2006 to September 2007: The Daily Average Audience Share for all the week-days by television broadcasting stations is presented in the table.
Overall, TVM has attained the highest daily average [1.60%] with its highest average being on Fridays [2.77%].
This was followed by One TV with the next highest daily average [1.40%] and reaching its highest average on Sundays [2.09%]: TV DAILY AVERAGE AUDIENCE SHARE: OCTOBER 2006 – SEPTEMBER Mon Tue Wed Thu Fri Sat Sun Daily Average 1.60 1.49 0.68 0.02 0.01 0.00 0.26 0.05 0.03 0.14 0.40 0.46 0.12 0.05 0.10 0.01 0.74 b TV Weekdays Peak Audiences: October 2006 to September 2007: Another indication of a broadcasting station’s popularity with its audiences is the highest percentage of audience share obtained at any particular week for each week-day.
The comparative figures were worked out only for each broadcasting quarter.

The Weekday Peaks attained by each TV broadcasting station are summarized in the table below.
TABLE 6.3: TV WEEKDAY PEAK AUDIENCES – OCTOBER 2006 TO SEPTEMBER 2007 I 2 2 N O T A C U D E V T H S A M S V T E N O M V HIGHEST PEAK T Oct-Dec '06 Jan-Mar '07 Apr-Jun '07 Jul-Sep '07 V T T E N c. TV Audience Share: October 2006 to September 2007: Taking all the readings for all the weekdays and calculating the total average by each television broadcasting station, the table and Figures below represents the daily average audience television levels attained by each broadcasting station.
61 TABLE 6.4: TV TOTAL DAILY AVERAGE AUDIENCE: OCTOBER 2006 – SEPTEMBER 2007 V T E N O V T H S M A M V Total Average T S Jul-Sep 2007 12.1 20.2 11.5 1 Apr-Jun 2007 28.8 24.4 8.9 0.7 Jan-Mar 2007 29.3 23.8 10.8 0.1 Oct-Dec 2006 29.7 28.0 13.3 0.1 0.4 V T T E N I 1 2 V T 2 2 E n M o R i t P a c C u B d B E 0.4 6.9 1 0.6 2.4 7.4 8.3 4.1 0.9 2.2 3.2 8.9 6.3 1.3 0.3 0.8 V T N R O E T H A T T O S 21.1 11.0 4.6 0.8 3.9 0.7 0.4 1.9 5.5 6.3 2.3 1.0 2.4 0.3 11.3 2.3 0.5 0.7 1.7 4.6 9.1 0.5 0.7 1.0 0.1 7. Other TV station 21.06% BBC Prim e 2.21% MTV 0.91% Discovery Channel 4.07% Italia 1 8.26% Canale 5 7.44% Rete 4 2.42% Rai 3 0.56% Rai 2 1.04% Rai 1 6.92% TVM 12.07% One TV 20.16% Net TV 11.46% Sm ash TV 1.04% ITV 0.39% TV: July-September 2007 Discovery Channel 1.3% BBC Prim e 0.8% Other TV station 11.0% MTV 0.3% Canale 5 8.9% Rete 4 3.2% Rai 2 0.8% Italia 1 6.3% Rai 1 4.6% Sm ash TV 0.7% Net TV 8.9% TVM 28.8% One TV 24.4% TV: April-June 2007 62 BBC Prim e 2.4% BBC World 0.3% Other TV station 11.3% Discovery Channel 2.3% MTV 1.0% Canale 5 5.5% Rai 3 0.4% Italia 1 6.3% Rete 4 1.9% Rai 2 0.7% Rai 1 3.9% Sm ash TV 0.1% Net TV 10.8% TVM 29.3% One TV 23.8% TV: Jan-Mar 2007 MTV 0.7% BBC Prim e 1.0% BBC World 0.1% Other TV station 7.3% Discovery Channel 0.5% Canale 5 4.6% Italia 1 9.1% Rete 4 1.7% Rai 3 0.7% Rai 2 0.5% Rai 1 2.3% Education 22 0.4% Sm ash TV 0.1% Net TV 13.3% TVM 29.7% One TV 28.0% TV - Oct-Dec 2006 63 11.
POLITICAL BROADCASTING 11.1 Party Political Broadcasts.

As in previous years, the Authority resumed its scheme of party political broadcasts.

The 2007 series consisted of three debates and 50 minutes of political spots apportioned as follows: Debates Political Spots PN 1 x 45’ 20’ MLP 1 x 45’ 20’ AD 1 x 45’ 10’ All three political debates were chaired by veteran broadcaster Mr Godfrey Grima and were broadcast by TVM from Monday, 19th February 2007 to Thursday, 8th March 2007.
Debates were broadcast at approximately 10.00p.m.

11.2 Anniversary Messages.


There were four anniversary messages broadcast on TVM during 2007 as follows: Date Time Duration Message 27/09/2007 18:51 01/10/2007 18:41 16/10/2007 18:37 03/12/2007 18:36 7' 13" World Tourism Day - Minister Francis Zammit Dimech 5' 27" World Day of the Elderly - Parliamentary Secretary Helen D'Amato 6' 53" World Food Day - Minister Francis Agius 9' 39" International Day of Disabled Persons - Minister Dolores Cristina 11.3 Ministerial Broadcasts.
No ministerial broadcasts were aired during 2007.

64 12.

ADMINISTRATIVE OFFENCES During 2007, the Authority had found the following stations to be in breach of the Broadcasting Act and subsidiary legislation made thereunder: Station Smash TV TVM One TV NET TV Melita Cable Calypso iTV Super One Radio Infringements No.

8 25 17 12 2 4 3 2 A total of 73 infringements of the Broadcasting Act were found by the Authority in 2007.

13.
13.

MEDIATION BY THE BROADCASTING AUTHORITY During 2007, the Authority was called upon twice to use its good offices in order to mediate, in the first case, between the Malta Football Association and free-to-air broadcasters and in the second case between certain nationwide radio and television broadcasters.

13.1 Coverage of Malta Football Matches in the Broadcasting Media.
An agreement was reached on 11th May 2007 whereby the Malta Football Association, on the one hand, and Public Broadcasting Services Ltd., media.link Communications Company Limited and One Productions Ltd. agreed to apply the short news reporting draft regulations which were still the subject of public consultation to the coverage of Malta Football Association matches by broadcasting stations.
The Authority’s Chairman, Mr. Joseph Scicluna, was instrumental in bringing both parties concerned to an amicable solution of their dispute.

13.2 Copyright Agreement.

On 21st November 2007 the following radio stations – Radju Malta, Radju Parlament, Magic, Radio 101, Super 1 Radio and Smash Radio and the following television stations – TVM, Education 22, NET TV, One TV and Smash TV entered into a copyright agreement regulating the use of visual and audio materials.
This agreement applies to local content generated by these stations.

Once 65 again, the Authority – through its Chief Executive – played an instrumental role to have such agreement concluded.

14.

BROADCASTING AUTHORITY PUBLICATIONS In order to stimulate qualitative study in the broadcasting field, the Authority approved the publication of a Broadcasting Studies Series.

The Broadcasting Studies Series consists in books which deal specifically with broadcasting related matters.
The first book is entitled ‘Broadcasting Legislation: Salient Documentation’.

It was co-authored by Dr. Kevin Aquilina and Mario Axiak whilst the second volume will deal with a study written by Mario Axiak comparing and contrasting the audience surveys of the Broadcasting Authority on an eight year period.
Other books in this series will deal with broadcasting case law, decisions of the Broadcasting Authority, compendium of media releases and other analytical studies such as the psychological effects of broadcasting on children, violence in the media, etc.
In order to encourage research in the field of broadcasting, the Authority wrote to the Rector of the University of Malta to propose the establishment of a selection board to choose the best thesis written by a student every year within the broadcasting field which will then be published within the Authority’s Broadcasting Studies Series.

This prize might stimulate students to take up more research in the broadcasting field and thus the Authority would reap the benefits of these qualitative studies.
The Authority also endorsed the proposal to publish a journal related to broadcasting issues.

At the time of writing the Editorial Board is discussing how 14.1 Editorial Board.

An Editorial Board for the Broadcasting Studies Series and for the said journal composed of Dr Kevin Aquilina as Editor and Mario Axiak as Deputy Editor has been established.

14.2 Broadcasting Studies Series: First Two Volumes.

The Broadcasting Authority launched its series of publications entitled ‘Broadcasting Studies Series’.
The first volume in this series – co-authored by Dr. Kevin Aquilina, Broadcasting Authority’s Chief Executive and Mr. Mario Axiak, Broadcasting Authority’s Head of Research and Communications is called Maltese Broadcasting Legislation: Salient Documentation.

The second book in this series – authored by Mario Axiak – will deal with a consumer profile of the viewer and listener of television and radio programmes and will be published in early 2008.
66 The first book in the series – Maltese Broadcasting Legislation: Salient Documentation - is an indispensable book for all those persons involved in the media, especially in the audio-visual sector.

It brings together in one separate volume all the salient laws and other relevant documents which regulate or are of interest to Maltese broadcasting.
The authors have had the arduous task to single out the most important laws and documentation on the subject under review for the purpose of inclusion in this volume.

Furthermore, this publication contains relevant supplementary material which though it cannot be said to be binding in Malta, it is still of authoritative value to the Maltese broadcasting landscape.
The need has been felt for quite some time to publish a volume containing the salient laws and documents used by the broadcasting regulator in its day-to-day activities to carry out its lawful functions.

Yet this publication, notwithstanding the fact that it runs into more than 500 hundred pages of text, still does not encapsulate all the relevant broadcasting materials.
Indeed, various other materials have not been printed in this book but are nevertheless still being made available to our reader on the accompanying compact disk which is of value to media personnel.

Book Contents of the First Volume This book mainly deals with the pertinent broadcasting legislation and some documents which shed light upon these laws.

One of the challenges that a regulator constantly faces when carrying out his/her duties is to know where to find the law.
But the law might not always be easily readily available or one might not recollect in which enactment the provision in question is found.

Unfortunately, contrary to what one may think, the broadcasting law of Malta is not found only in the Broadcasting Act, Chapter 350 of the Laws of Malta, but it is spread throughout the statute book.

The highest law of the archipelago – the Constitution of Malta – is our starting point in this voyage to discover where to find Maltese broadcasting law.
It is the Constitution which establishes the Broadcasting Authority itself and sets out its constitutional duty of guarantor of impartiality in the broadcasting media.

However, as the Constitution has only two specific provisions on the establishment and functions of the Authority, the Constitution itself empowers Parliament to assign various other non-constitutional legal functions to the Authority.

Hence, the Broadcasting Act was enacted setting out the additional duties of the Authority.
There are other laws that refer to the Broadcasting Authority even if such laws are not strictly speaking administered by the Authority itself.

Such is the case, for instance, of the Press Act and the European Union Act.

Not only so, but there are various subsidiary laws, irrespective of whether they are made under the Broadcasting Act or under any other law, which bestow duties upon the Authority.
Moreover, there are government policy documents such as the National Broadcasting Policy that refer to the Broadcasting Authority.

67 This book is divided into twelve parts and an Appendix.

Part I provides the text of the Constitution of Malta’s provisions on the Broadcasting Authority and the entire text of the Broadcasting Act.

These provisions undoubtedly contain the legislative framework for the Authority’s functions.
Part II gives the reader all the subsidiary laws made under the Broadcasting Act which to-date number to twenty-nine sets of distinct and separate secondary legislation.

Subsidiary legislation comes in different forms and ranges from codes to regulations and from orders to requirements.

The latter are then divided into two categories: requirements as to standards and practice and requirements as to advertisements, methods of advertising and directions.
Other relevant subsidiary legislation to broadcasting – though not made under the Broadcasting Act - follows in Part III whilst Part IV reproduces the text of one Government Notice also made under the Broadcasting Act, namely, the list of major events.

From time to time the Broadcasting Authority issues directives in terms of article 15 of the Broadcasting Act to both radio and television broadcasting stations.
These directives tend to be connected to the Authority’s broadcasting political mandate and are usually made for a specific duration.

This book provides the text in Part V of fourr directives related to general elections, a referendum, European Union Parliamentary Elections, together with a directive on the latest FIFA World Cup.

Apart from the above laws and regulations which bind all broadcasting stations, the Authority draws up from time to time non-binding guidelines.
Currently there are six such guidelines intended to assist stations in producing good quality programming.

Such are, for instance, the Guidelines for Audio-Visual Programme Content Created for Children.

It is with pleasure to note that the Minister for Tourism and Culture has adopted these Guidelines as mandatory for the Public Service Broadcaster.

One particular set of guidelines on medicinal advertising – which is not included in this publication – is in the process of being updated.
The text of these guidelines is reproduced in Part VI.

Part VII consists of some recent circulars to broadcasting stations.

The Broadcasting Authority communicates with all radio and television services through circulars.

These circulars come in different forms.
There are those – which are not reproduced in this book – which are of day-to-day ordinary administration (such as Enemalta Corporation announcements as to power cuts at the Authority’s Transmitting Station at Gharghur or when the Authority notifies the Gharghur Tranmitting Tower users of maintenance work on the said Tower) as well as more relevant circulars which consist in the communication of Authority Directives to stations or which deal with policy issues (such as how the Authority interprets a specific provision of the law) or how the Authority has applied a provision of a law to a specific programme.
Part VIII of this publication provides the text of the Authority’s schemes of political broadcasts as well as its policy on ministerial broadcasts and anniversary messages.

The main documentation 68 relevant to the public service broadcaster is set out in Part IX whilst Part X contains historic material which sheds light on the evolution of the Broadcasting Act.
Part XI deal with principal materials concerning the European Union’s Television Without Frontiers Directive while Part XII provides the text of the Council of Europe’s European Convention on Transfrontier Television.

The Appendix of this publication provides the Table of Contents of the accompanying compact disk which contains other relevant material to broadcasting which could not be published in this book due to lack of space.
It is augured that this publication will serve as an indispensable tool for all those persons who are directly or indirectly involved in the audiovisual sector.

14.3 Staff Publications and Papers.
During 2007 the following papers were presented during conferences or were published or compiled: Name Title of Publication Dr Kevin Aquilina, Chief Executive Recent Case Law on Political Advertising Dr Kevin Aquilina, Chief Executive Requirements regarding Gambling Advertisements Dr Kevin Aquilina, Chief Executive Revision of the List of Major Events Dr Kevin Aquilina, Chief Executive Dr Kevin Aquilina, Chief Executive Requirements for the Promotion of Racial Equality by Broadcasters Consultation on Major Events and Short News Reporting Dr Kevin Aquilina, Chief Executive Consultation on Immovable Property Programmes Dr Kevin Aquilina, Chief Executive Consultation on Programmes on Vehicles Dr Kevin Aquilina, Chief Executive New Rules for Immovable Property Programmes Title of Journal/ Conference/Publisher IRIS: Legal Observations of the European Audiovisual Observatory IRIS: Legal Observations of the European Audiovisual Observatory IRIS: Legal Observations of the European Audiovisual Observatory IRIS: Legal Observations of the European Audiovisual Observatory IRIS: Legal Observations of the European Audiovisual Observatory IRIS: Legal Observations of the European Audiovisual Observatory IRIS: Legal Observations of the European Audiovisual Observatory IRIS: Legal Observations of the European Audiovisual Observatory Date of Publication/ Conference 2007, No.
2, pg.17 2007, No.

2, pg.

18 2007, No.

3, pg.

17 2007, No.

4., pg.

18 2007, No.

5, pg.

14 2007, No.

5, pg.

15 2007, No.

5, pg.

15 2007, No.

7, pg.
15 69 Name Dr Kevin Aquilina, Chief Executive Title of Publication New Rules for Programmes on Motor Vehicles Dr Kevin Aquilina, Chief Executive New Regulations for Short News Reporting Dr Kevin Aquilina, Chief Executive Dr Kevin Aquilina, Chief Executive Dr Kevin Aquilina, Chief Executive Dr Kevin Aquilina, Chief Executive Dr Kevin Aquilina, Chief Executive Dr Kevin Aquilina, Chief Executive; New Guidelines on Gender Equality and Portrayal in the Broadcasting Media Medicinal Products and Medicinal Treatments Consultation Document Regulation of Gambling Advertisements: The Maltese Experience Transportation and Implementation of the Television without Frontiers Directive: The Maltese Experience Regulation of Broadcasting and ICTS – Issues and Case Studies: Convergence, Objectives, Means and Instruments [vide Appendix VI of this report] “European Union Institutions: The Case of Television Regulation” Dr Kevin Aquilina, Mario Axiak, Daniela DeBono, Marian Muscat Azzopardi (eds.)
Programmi ta’ Kwalita’ għat-Tfal Title of Journal/ Conference/Publisher IRIS: Legal Observations of the European Audiovisual Observatory IRIS: Legal Observations of the European Audiovisual Observatory IRIS: Legal Observations of the European Audiovisual Observatory IRIS: Legal Observations of the European Audiovisual Observatory European Platform of Regulatory Authorities, Prague, Czech Republic European Commission Technical Assistance Information Exchange Instrument (TAIEX) conference on the New Media Landscape: Audiovisual Media Services without Frontiers A Malta – Commonwealth Third Country Training Programme, Legal Framework for Information and Communication Technologies 21st May – 1st June 2007 Prof.Peter Xuereb (ed.
), The Social Responsi- bility of Civil Society Project Report 2007: Business Ethics and Religious Values in the European Union and Malta – For a Moral Playing Field, 2007 European Documenta- tion and Research Centre, Jean Monnet European Centre of Excellence Quality Children’s Programmes Date of Publication/ Conference 2007, No.

7, pg.

16 2007, No.

8, pg.

15 2007, No.

9, pg.

17 2007, No.

10, pg.

17 17th May 2007 20th November 2007 29th May 2007 University of Malta, March 2007, pp.
223-236 Broadcasting Authority/ Commissioner for Children, Hamrun, 2007 70 Name Dr Kevin Aquilina, Chief Executive Title of Publication Strateġija Proposta għall-Programmi ta’ Kwalita’ għat-Tfal Title of Journal/ Conference/Publisher Programmi ta’ Kwalita’ għat-Tfal Mario Axiak Head of Research and Communications Ix-Xandir – Programmi 2007 ta’ Kwalita’ għat- Tfal Programmi ta’ Kwalita’ għat-Tfal Date of Publication/ Conference Broadcasting Authority/ Commissioner for Children, Hamrun, Broadcasting Authority, 2007 pp.
85-90 and 211-227 Broadcasting Authority/ Commissioner for Children, Hamrun, Broadcasting Authority, 2007, pp 245- 246 January 2007; pp.
1-72 Mario Axiak Head of Research and Communications Mario Axiak Head of Research and Communications Mario Axiak Head of Research and Communications Mario Axiak Head of Research and Communications Mario Axiak Head of Research and Communications Radio and Television Audiences: October – December 2006 Radio and Television Audiences: January – March 2007 Radio and Television Audiences: April – June 2007 Radio and Television Audiences: October 2006 – September 2007 Drittijiet mhux Karità [Vide Appendix VIII to this Report] Broadcasting Authority, Hamrun.


May 2007; pp.

1-76 Broadcasting Authority, Hamrun.

August 2007; pp.

1-75 Broadcasting Authority, Hamrun.

December 2007; pp.
December 2007; pp.

1- 268 National Commission Persons with Disability 10th December 2007 Mr. Edgar Cassar, Director Administration and Secretary to the Board, wrote two country reports on the latest developments in the broadcasting regulation landscape for the European Platform of Regulatory Authorities and another country report for the Mediterranean Network of Regulatory Authorities.

He was very much involved in the compilation of replies to various questionnaires submitted by the EPRA and EPRA members.
71 15.

BROADCASTING AUTHORITY SPONSORSHIPS 15.1 Malta Journalism Awards.

As in previous years, the Broadcasting Authority sponsored the Broadcast TV Script, Broadcast TV Film, and the Broadcast Radio categories of the Malta Journalism Awards organised by the Institute of Maltese Journalists.

The winners for each category were: Broadcast TV Script: Reno Bugeja (TVM) Broadcast TV Film: Alvin Scicluna (TVM) Broadcast Radio: Leonard Callua (RTK) 15.2 National Book Prizes.
The Authority sponsored the National Book Council’s National Book Prizes 2007’s category of books written for children and adolescents consisting of six prizes for (a) prose for children; (b) prose for adolescents; (c) non-fiction prose for children and adolescents; (d) poetry for children and adolescents; (e) drama for children and adolescents; and (f) translation of books and books in another language for children and adolescents.

72 16.
72 16.

TRAINING AND DEVELOPMENT 16.1 Environmental Knowledge for Broadcasters.

The Broadcasting Authority in collaboration with the Foundation for International Studies offered a short training course for Media Persons entitled “Environmental Knowledge”.

The Broadcasting Authority sponsored fifteen media practitioners for this training course and participants were selected according to position held within their organisation and the perceived derived benefit.
Media producers, including independent broadcasters and newsroom editors, were especially targeted for these training sessions.

The course was aimed at educating people on environmental issues integral to the involvement of Maltese in environmental decision making.
Informed and involved citizens leads to increased participation in environmental issues that affect their lives in their local communities; it ensures that citizens are informed about the condition of their environment; it helps to ensure that sensitive populations are informed about decisions that effect their everyday lives; it increases environmental awareness and stewardship and it ensures citizen participation and involvement in environmental decision making.
“Environmental Knowledge for Media Persons” Dr. Joe Gauci, course co-ordinator; Dr Kevin Aquilina, Chief Executive, Broadcasting Authority; and Prof. Lino Briguglio, Director General, Foundation for International Studies, at the awarding of certificates to participants An effective tool in promoting environmental education by educating the public is through the media.
In order to enhance its environmental education impact, thrusts to increase environmental information and programmes on the air are required as well as those to build the capacity of 73 broadcasters to include better understanding and reporting of environmental issues.

This short course had the aim of providing baseline environmental knowledge on key factors which shape Malta’s environment to broadcasters which are key stakeholders in informing the public.
The themes discussed focused upon: Subject: Malta’s Main Environmental Problems Environmental Legislation in Malta and International Environmental Obligations Environmental Planning and Management Environmental Economics Sustainable Development Date 16th May 23rd May 30th May 6th June 13th June 16.2 Staff Training and Development.
The following members of staff have either been awarded a degree or are currently reading for a degree: Joanna Spiteri Currently reading for a Ph.D. in Film and Media Studies at the University of Sterling, Scotland.

Laurence Buhagiar Was conferred with an M.Sc.

in Public Policy and Management from the University of York.

Andrei Vella Laurenti Was conferred an M.A.

in Literature Culture and Thought from the University of Sussex.

Elaine Galea Currently reading for an M.A.


in Sociology at the University of Malta.

Jean Pierre Caligari Currently reading for an M.A.

in Maltese at the University of Malta.

74 17.

RETIREMENT OF MS. MARY GAUCI On 31st December 2007, Ms Mary Gauci, a Programme Monitor, retired from the Broadcasting Authority.

Ms Gauci had been employed with the Authority since 25th November 1992.

The Authority thanks her for her dedication and service.

18.
18.

GRADES WHICH REQUIRE A DEGREE Following the entry into force of the collective agreement 2007-2010, the Authority approved the grades which will require a degree or a diploma in order to be eligible for appointment to the said grades.

This policy is attached to this Annual Report as Appendix IX.

19.
19.

REPORT AND FINANCIAL STATEMENTS FOR THE YEAR ENDED 31ST DECEMBER 2007 The Broadcasting Authority report and financial statements for the year ended 31st December 2007 are found in Appendix IX of this Annual Report.

75 76 APPENDICES 77 78 APPENDIX 1 SUBSIDIARY LEGISLATION 350.25 REWUIREMENTS AS TO ADVERTISEMENTS METHODS OF ADVERTISING AND DIRECTIONS APPLICABLE TO GAMBLING ADVERTISEMENTS Government Notice 407 of 2007.

22nd March, 2007 Citation.


The title of these requirements is the Requirements as to Advertisements, 1.

1.1 Methods of Advertising and Directions applicable to Gambling Advertisements.

Introduction These Requirements as to Advertisements, Methods of Advertising and Directions have been made by the Broadcasting Authority in virtue of article 19(3) and (5) of the Broadcasting Act, Chapter 350 of the Laws of Malta.

2.
2.

2.1 Objectives The main objective of these Directions is to ensure that gambling advertisements in the local broadcasting media are socially responsible, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited by advertising that features or promotes gambling.

The Directions also seek to promote appropriate ethical standards in the content of this category of advertising.
2.2 These Directions do not cover the advertising of a casino since any such advertising is prohibited in terms of article 49 of the Gaming Act (Chapter 400 of the Laws of Malta).

3.

3.1 Applicable Legal Provisions The applicable legal provisions are article 19(3) and (5) of the Broadcasting Act (Chapter 350) of the Laws of Malta.

4.
4.1 Definitions For the purpose of these Directions, "gambling" means gaming or remote gaming or betting or playing an authorised game under the Lotteries and Other Games Act, the Gaming Act and, without prejudice to the generality of the foregoing, includes the national lottery, commercial bingo halls, Internet gaming, betting and other forms of licensed gaming; but does not include gaming carried out for a philanthropic or charitable or other social purpose which the Authority may from time to time approve, as well as such gaming which is carried out in conformity with and is regulated by the Broadcasting Authority’s directive on Conduct of Competitions and the Award of Prizes on the Broadcasting Media or any other provision in the Lotteries and other Games Act or any subsidiary legislation made thereunder regulating broadcasting media games.
5.

5.1 Directions Television stations shall not broadcast any gambling advertisements between 6:00am and 7:00pm.

When gambling advertisements are broadcast between 7:00pm and 6:00am, they shall not be broadcast during, or immediately prior to or after, children’s programmes or those programmes directed at or likely to be of particular appeal to children.

5.2 Radio stations shall not broadcast any gambling advertisements between 6:00am and 9:00am and between 2:00pm and 7:00pm.
When gambling advertisements are broadcast between 9:00am and 2:00pm and between 7:00pm and 6:00am they shall not be broadcast during, or immediately prior to or after, children’s programmes or those programmes directed at or likely to be of particular appeal to children.

5.3 When gambling advertising is not allowed in terms of paragraphs 1 and 2 above, the sponsorship by any gambling licensee of any programme or advert aired on any radio or television station is prohibited.
79 5.4 When gambling advertising is allowed in terms of paragraphs 1 and 2 above, broadcasters shall not air any advert that: i. ii.

iii.

iv.

v. vi.
encourages any person to contravene a gaming law; or shows persons under eighteen years or other vulnerable persons gambling; or encourages or targets persons under eighteen years or other vulnerable persons to gamble; or is likely to be of particular appeal to persons under eighteen years or other vulnerable persons, especially by reflecting or being associated with youth culture; or exploits the susceptibilities, aspirations, credibility, inexperience or lack of knowledge of persons under eighteen year or other vulnerable persons; or is false or untruthful, particularly about the chances of winning or the expected return to a gambler; or suggests that gambling is a form of financial investment; or vii.
viii.

portrays, condones or encourages gambling behavior that is socially irresponsible ix.

x. xi.

xii.
xii.

or could lead to financial, social or emotional harm; or suggests that skill can influence games that are purely games of chance; or promotes smoking or the abuse of the consumption of alcohol while gambling; or implies that gambling promotes or is required for social acceptance, personal or financial success or the resolution of any economic, social or personal problems; or contains endorsements by well-known personalities or celebrities that suggest gambling contributes to their success; or xiii.
exceeds the limits of decency; or xiv.

suggests that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression; or xv.

portrays gambling as indispensable or as taking priority in life, for example over family, friends or professional or educational commitments; or xvi.
suggests that gambling can enhance personal qualities, for example that it can improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration; or links gambling to seduction, sexual success or enhanced attractiveness.

xvii.

6.

These Directions apply also to teletext services on television and to the radio data system (RDS) on radio services.

7.

These directions do not prohibit the announcement of gambling results during any time of the day.
80 APPENDIX II BROADCASTING ACT (CAP.
350) BROADCASTING (JURISDICTION AND EUROPEAN CO-OPERATION) REGULATIONS, 2000 TRANSMISSION OF MAJOR EVENTS Government Notice 86 of 2007 IN exercise of the powers conferred by sub-regulation (1) of regulation 6 of the Broadcasting (Jurisdiction and European Co-operation) Regulations, 2000, the Broadcasting Authority has drawn up hereunder a list of designated events, national or non-national, which it considers to be of major importance for the Maltese society: Cultural Events 1.

2.
2.

The Malta Song for Europe: final and qualifying nights.

The Eurovision Song Festival: final night but qualifying event also included in case of Maltese participation.

3.

The Malta Carnival: Saturday Carnival for Children, Carnival Sunday and Tuesday Floriana Carnival.

Sports Events 4.

5.

6.

League.

The Maltese national football team’s competitive home matches.

The Maltese national football team’s competitive away matches.

The final and semi-final games of the U.E.F.A.

Cup and of the U.E.F.A.


Champions 7.

The opening ceremony, the opening game, the quarter-finals, the semi-finals, the game for third place and the final of the FIFA World Cup.

8.

The opening ceremony, the opening game, the semi-finals and the final of the U.E.F.A.

European Football Championship.

9.

The opening ceremony and Maltese participation in the Summer Olympic games.

10.

The opening ceremony and the finals taking place on the last day of the Games of the Small States of Europe.

11.
11.

The March and September regattas.

Coverage 1.

In the case of the events listed above, coverage shall be direct and in full except in the following cases: a) The Maltese national football team competitive home matches which could be aired on a deferred basis within 24 hours from the time that the match has ended.
b) The Malta Carnival held on Saturday afternoon is to be broadcast on a deferred 81 basis and in full on Carnival Sunday afternoon only if the actual Carnival Sunday event has been cancelled.

Transitory Provision 2.

The semi-final of the U.E.F.A.

Cup and of the U.E.F.A.

Champions League shall be considered a major event with effect from the football season 2007-2008.

Government Notice No.

900 of 2001 is hereby revoked.


29th January, 2007 82 GUIDELINES ON GENDER EQUALITY AND GENDER PORTRAYAL IN THE BROADCASTING MEDIA APPENDIX III CONTENTS 1.

Executive Summary 2.

Portrayal 3.

Gender sensitive language 4.

Human Resources in Media Organisation 5.

Legal FRAMEWORK 1.

Executive Summary 1.1.

These guidelines apply to all programmes, including news and advertisements, broadcast on radio and television stations and are intended to make the broadcasting media more sensitive to gender equality.
These guidelines are directed to the people in production, decision-makers of programme structures and producers of advertisements, amongst others.

1.2.

These guidelines aim to sensitise producers to use gender inclusive vocabulary and images.

1.3.

These guidelines deal with sex-role portrayal in television and radio programming and attempt to address the issue of stereotyping in the broadcast media.
Media images and productions should provide an equal representation of women and men in roles of authority in characterization and in production as well as in caring situations.

1.4.

Also these guidelines are targeted to broadcasting stations to sensitise licensees to the issue and to reduce the incidence of unequal portrayal of the sexes in broadcast programming.

1.5.

These guidelines focus on the equal representation of men and women in the broadcasting media.
Such representation should be recognized and the portrayal of men and women should reflect their actual social and professional achievement, career, interests and roles.

The broadcasting media should reflect the continuous change in Maltese society with regard to the professional roles of men and women.

1.6.

Such guidelines provide guidance for broadcasters who should portray the role diversity for both genders.
These guidelines guide broadcasters on how to use media as a tool to promote equality and thus promote change rather than perpetuate gender stereotypes.

1.7.

Radio and television broadcasters should eliminate media representations which encourage discrimination and degradation on the basis of gender.

It is to be emphasised that such an approach is illegal.

1.8.
1.8.

Since negative portrayal and representation of one sex may be linked to the lack of gender policy guidance, these guidelines are intended to advance the awareness of, and sensitivity to, the problems related to the negative or inequitable sex-role portrayal of persons.

These guidelines aim to help producers develop positive images of men and women and eliminate systematic discrimination.

1.9.
1.9.

These guidelines recommend that production of programmes targeted mainly to one sex should be given general titles incorporating the family or the home and in this way such programmes would appeal to a wider range of listeners and viewers.

83 2.

Portrayal 2.1 Broadcasters should ensure that the portrayal, reporting and representation of women and men respect their dignity.

Television and radio programming should promote equal opportunities for men and women.
2.2 Men and women should be portrayed in a wide range of roles, both traditional and non- traditional, in paid work, social, family and leisure activities.

Men and women should both be seen as taking decisions to support the family and in household tasks and home management.

2.3 Television and radio programming should portray diversity in family structures, that is, not only marriages between woman and man but the portrayal of single parenting and adopted children.
Indeed, the portrayal of different family structures should be done in such a manner as to avoid ‘victimisation’ of atypical structures.

It is imperative that these are not depicted in a pitiful state.

2.4 Broadcasters should promote recognition of tasks usually associated with women and portray them equally important as traditional male tasks and which should be carried out by both genders.
2.5 Certain subjects like family planning, welfare, health of the mother and the child, education and upbringing of children, should be directed at both men and women.

2.6 Broadcasters should ensure diversity in portrayal of men and women with diversity in age, abilities, physical appearance, occupation and family status.

Broadcasters should emphasize gender equality and non-stereotyped gender roles of men and women within the family.

2.7 Media should eliminate sex-role stereotyping.


2.8 Broadcasters are encouraged to refrain from presenting women as inferior beings and exploiting them as sexual objects as it is illegal to do so.

2.9 Broadcasters should eliminate negative sex-role portrayal.

This refers to the representation which associates particular roles, types of behaviour and characteristics to people on the basis of gender without considering the characteristics of each individual.
2.10 Moreover, negative comments on the role of women, men or children should be eliminated.

2.11 Programmes should not reinforce the patriarchal power relation of society where men are seen to be more powerful.

The broadcasting media should not over emphasise certain roles of women mainly the domestic and sexual role and portray as submissive.

2.12 Men and women should be portrayed in both public and private spheres.
2.13 Radio and television programmes should not ridicule and stigmatise people on the bases of gender and sexual orientation.

2.14 Women should appear more on the screen and should not be seen in limited roles.

Women’s thinking abilities and men’s caring abilities should also appear on the screen.

2.15 Women should not be segregated in one type of programme known as women’s programmes.

Such programmes should be also targeted to men.


Subjects of interest to women are also interesting to the fathers of the children.

Such programmes are to be categorized as ‘family programmes’ and not ‘women’s programmes’.

84 3.

Gender inclusive Language 3.1 These guidelines ensure that non-sexist language, that is the exclusion of one sex on the basis of gender, is not used in radio and television programming.

Sexist language reflects the idea that one sex is superior to the other.
Such language contributes, promotes or results in the oppression of one of the sexes to the detriment of the other and exploits an unfair distinction between sexes.

Sexist language imposes stereotypes.

3.2 Also radio and television productions should not use language that can be offensive, misrepresents and excludes women or men.

Generic terms which include both sexes should be used with regard to the question of language in the media.
3.3 All discussion programmes’ panels should be constituted of both genders.

4.

Human Resources in Media Organisation 4.1 Television and radio stations should increase the participation and involvement of both sexes in broadcasting as producers or decision makers in the industry.

Men and women should have equal responsibilities in the broadcasting industry.

Broadcasters should ensure both sexes equal access to all areas and levels of the broadcasting media.
4.2 Broadcasting companies should recruit a gender-balanced staff.

4.3 Broadcasting organisations should adopt an equality policy and a structure for the employment of both sexes in key sectors and in managerial level.

4.4 Both sexes need to be involved in decision-making to promote an active and visible policy of mainstreaming a gender perspective in the broadcasting media.

5.
5.

Legal Framework Although the above paragraphs are intended to serve as guidelines to the broadcasting industry, it must be borne in mind that Maltese law also contains provisions which prohibit discrimination in the media.

In particular, reference is made to article 10 of the Equality for Men and Women Act, Chapter 456 of the Laws of Malta, which reads as follows: Discriminatory Advertisement.

Cap.

452.

10.
(1) Without prejudice to the provisions of article 26 of the Employment and Industrial Relations Act, it shall be unlawful for persons to publish or display or cause to be published or displayed any advertisement, or, otherwise to advertise a vacancy for employment which discriminates between job seekers or to request from job seekers information concerning their private life or family plans: Provided that the provisions of this subarticle shall not apply in such cases where employers prove that the work in connection with the situation advertised can only be performed by a person of a specific sex.
(2) It shall not be lawful for persons to publish or display or cause to be published or displayed any advertisement which promotes discrimination or which otherwise discriminate.

(3) Persons who act in breach of subarticle (1) and (2) shall be guilty of an offence against this article and shall, on conviction, be liable to the penalties established for contravention.
(4) For the purposes of subarticle (1), advertising includes disseminating information about the vacancy by word of mouth from person to person.

3rd July 2007 85 SUBSIDIARY LEGISLATION 350.26 REQUIREMENTS AS TO STANDARDS AND PRACTICE ON THE PROMOTION OF RACIAL EQUALITY APPENDIX IV 30th April, 2007 Government Notice 413 of 2007.

Citation.

The title of these requirements is the Requirements as to Standards and Practice on the Promotion of Racial Equality.
International Law Crimes of racial hatred as a limitation or restriction to freedom of expression are referred to in Article 4 of the UN Convention on the Elimination of All Forms of Racial Discrimination - which Convention has been adhered to by Malta - when it provides that: "State parties condemn all propaganda and all organisations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, … shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof …".
The international community views with great alarm activities based on racial hatred so much so that the United Nations requires Member States to outlaw such conduct.

There is also no doubt that such laws do impinge on freedom of expression.

However, the mere fact that racist speech is involved does not automatically mean that a state can punish such discourse.
If there is a threat to the democratic order or to the basic assumption of democratic states so that the interference with a person’s speech is necessary for the protection of the rights of others and in the interest of national security, then the matter might take a different twist.
In other words, freedom of expression as contained in both article 41 of the Constitution of Malta and article 10 of the European Convention of Human Rights and Fundamental Freedoms (as well as other international instruments such as the United Nations International Covenant on Civil and Political Rights, etc.)
allows as an exception thereto certain discourse which falls within the limitations referred to in article 41(2) of the Constitution of Malta and article 10(2) of the European Convention of Human Rights and Fundamental Freedoms.
European Law Apart from Article 10 of the European Convention on Human Rights and Fundamental Freedoms, reference is to be made to Article 7, paragraph 1 of the Council of Europe’s Trans- frontier Television Convention which states that: "All items of programme services, as concerns their presentation and content, shall respect the dignity of the human being and the fundamental rights of others.

In particular, they shall not … give undue prominence to violence or be likely to incite to racial hatred".
On the other hand, the European Union ’s Television Without Frontiers Directive states in Article 22a that: "Member States shall ensure that broadcasts do not contain any incitement to hatred on grounds of race, sex, religion or nationality."
86 During the meeting of the High Level Group of Regulatory Authorities in the Fields of Broadcasting held in Brussels on 17th March 2005, it was agreed between the European Commission and Regulatory Authorities in Europe that effective supervision of hate speech can only be guaranteed through strong cooperation between Regulatory Authorities in Europe.
Maltese Law Maltese Law regulates racial hatred in the following laws: Article 45 of the Constitution of Malta which prohibits discrimination on the grounds of race.

No law can make any provision that is discriminatory either of itself or in its effect.

Article 45 (3) defines discrimination as follows: "45.
(3) In this article, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description."
Article 14 of the European Convention of Human Rights and Fundamental Freedoms also prohibits discrimination as follows: "14.

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."
Article 82A of the Criminal Code reads as follows: (1) Whosoever uses any threatening, abusive or insulting words or "82A.

behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up racial hatred or whereby racial hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable to imprisonment for a term from six to eighteen months.
(2) For the purposes of the foregoing subarticle "racial hatred" means hatred against a group of persons in Malta defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins.
The Criminal Code also provides that in the case of several specified crimes* the punishment is increased by one or two degrees when the offence is racially or religiously aggravated, that is, a) if at the time of committing the offence, or immediately before or after the commission of the offence, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership which in relation to a racial or religious group, includes association with members of that group, or presumed membership (that is, membership presumed by the offender) of a racial or religious group; or b) the offence is motivated, wholly or partly, by hostility towards members of a racial group based on their membership as presumed by the offender to that group.
*The specified crimes where the punishment is increased as aforesaid are the case of wilful offences against the person (bodily harm, whether grievous or slight); threats; blackmail; private violence; causing explosion likely to endanger life or property; where death or grievously bodily harm is caused by the explosion; discharge, etc., of lethal device; arson endangering life; arson to the common danger; arson without danger of life; arson of vineyards, etc.
; destruction by the springing of a mine; and spoil, damage or injury in general.

87 For the purposes of the Criminal Code, "racial group" means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins, and "religious group" means a group of persons defined by reference to religious belief or lack of religious belief.

Article 6 of the Press Act reads as follows: "6.


Whosoever, by any means mentioned in article 3, shall threaten, insult, or expose to hatred, persecution or contempt, a person or group of persons because of their race, creed, colour, nationality, sex disability as defined in article 2 of the Equal Opportunities (Persons with Disability) Act, or national or ethnic origin shall be liable on conviction to imprisonment for a term not exceeding three months and to a fine (multa).
Article 13(2)(a) of the Broadcasting Act reads as follows: "13.
(2) It shall be the duty of the Authority to satisfy itself that, so far as possible, the programmes broadcast by persons providing sound or television broadcasting services in Malta comply with the following requirements, 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.
Legal Interpretation In this respect, article 13(2)(a) of the Broadcasting Act when read in conjunction with article 82A of the Criminal Code do not violate freedom of expression even if they tend to restrict its exercise within a democratic society which is based on the rule of law.
Bearing the above international, European and national law on the subject, the Authority has adopted these Requirements as to Standards and Practice hereunder in virtue of article 20(3) of the Broadcasting Act, Chapter 350 of the Laws of Malta, to assist local producers and broadcasters in their civic obligation to promote racial equality as well as when dealing with matters which might relate to racial hatred.

Requirements 1.
Requirements 1.

1.1 Promotion of Racial Equality, Tolerance and Diversity Broadcasters must be proactive by promoting racial equality in their programming.

1.2 Broadcasters must exert a judicious decision when selecting presenters and participants during a programme dealing with racism.

In making such a selection, broadcasters must not invite persons with racist ideas and opinions.

1.3 In their programming, broadcasters are to foster a multicultural society.
This could be done, for instance, by ensuring, as far as possible, that racial groups are represented by members of the racial groups themselves, and by providing space to inform on other cultures present amongst the Maltese population and their perception of the Maltese culture and attitudes.

1.4 When discussing multicultural issues, broadcasters are to include the views of persons from different ethnic and religious backgrounds rather than report their views second hand.
Broadcasters must take into account the linguistic and cultural differences which may be experienced by the interviewee and all necessary steps must be taken to place the interviewee at ease and to reflect the interview faithfully.

2.

2.1 Prohibition of Illegal Content No programme may contain any matter contrary to law.

88 3.
88 3.

3.1 Respect for Human Dignity and Treatment of Racial Groups Viewers and listeners have a right to expect that broadcasters will assume their responsibility to respect and to promote human dignity, in respect of both individuals and individuals as members of groups.

3.2 Individuals must not be exploited or caused unnecessary distress, nor should the audience be made to feel that they are mere voyeurs of others’ distress.
3.3 The likely effects of both misrepresentation and under-representation must be taken into account when portraying vulnerable racial groups.

4.

4.1 Racial Hatred Programmes that are likely to stir up racial hatred should not be transmitted.

Programme schedules must give a fair reflection of the contribution of all races to society.

4.2 Racist terms are to be avoided.


As insensitive comments or stereotyped portrayal cause offence, their inclusion is acceptable only where it can be justified within the context of the programme.

4.3 Careful account has to be taken of the possible effect upon the ethnic group concerned, as well as the population as a whole, and of changes in public attitudes to what is, and is not, acceptable.

5.
5.

5.1 Discrimination and respect for National and Ethnic Values The presentation or portrayal of people in a way which is likely to encourage denigration of or discrimination against any person or section of the community on account of race, ethnicity, nationality or colour must be avoided.
This requirement is not intended to prevent the broadcast of material which is factual, or the expression of genuinely-held opinion in a news or current affairs programme, or in the legitimate context of a humorous, satirical or dramatic work.

5.2 The broadcasting media must at all times be aware of the danger that arises when media, deliberately or by inadvertence, encourages discrimination and intolerance.
Mindful of this danger, the broadcasting media have to be aware of the fact that they cannot incite or inflame hatred or inequality on grounds of ethnicity, nationality, race or colour, or incite criminal acts of violence as all these are prohibited by law.

5.3 The act of remaining impartial when citing events of racial hatred may be tantamount to supporting them.

Hence all broadcasters must clearly state their position against racial discrimination.
5.4 Broadcasters are to avoid prejudicial or insulting references to a person’s ethnic group, nationality, race or colour.

Reference to a person’s ethnic group, nationality, race or colour must be made only when directly relevant to the event being reported.

5.5 A broadcaster has to respect national and ethnic values.

In doing so, a broadcaster must not air material, which encourages discrimination on the grounds of ethnicity, race, nationality or colour.

6.
6.

6.1 Violence against specific groups Broadcasters must not air programmes which sanction, promote or glamorise violence based on race, nation or ethnic origin or colour.

7.

7.1 Political Opposition and Refugees When reporting on countries where opposition to the government entails a risk to life and limb, broadcasters must always consider whether mentioning names or visual images could lead to the identification and persecution of the persons concerned.

The same applies to reports on refugees.


The broadcast of details identifying refugees, their escape routes and the manner in which they prepared and executed their escape might endanger the families and friends those refugees left behind or close escape channels for other refugees.

Where in doubt the broadcasters 89 should exercise utmost diligence to protect the identity of the refugee or asylum seeker.
In accordance with the Data Protection Act, legally permission is to be sought for the printing or the broadcasting of a photograph of any person, and therefore such permission is to be ought beforehand.

8.
8.

8.1 Acts of violence covering ethnic disputes or clashes News, views or comments relating to local ethnic or religious disputes or clashes must only be broadcast after proper verification of facts and must be presented with due caution and restraint and in a manner which is conducive to the creation of an atmosphere congenial to national harmony, amity and peace.

8.2 Sensational, provocative and alarming headlines and programming must be avoided.
8.3 News reports of commentaries must not be written in a manner likely to inflame the passion, aggravate the tension or accentuate strained relations between the communities concerned.

Hence the use of inflammatory language and terms which put ethnic or religious groups into a negative light should also be avoided.

8.4 broadcast.
8.4 broadcast.

Programmes which could potentially exacerbate communal rouble must not be 8.5 The juxtaposing of programmes aimed at reporting of negative news and promoting racial equality must be dealt with sensitively, bearing in mind the final impact on viewers and listeners.

9.

9.1 9.2 9.3 the issue.

9.4 9.5 9.6 9.7 What Broadcasters Ought To Do Steer clear of exploiting prejudice.

Check the facts.
Check the facts.

Do not let the broadcaster’s news agenda be driven by the way others are handling Look behind the story line.

Listen to the people the broadcaster is writing about.

Do not label if it is not relevant.

Take the longer term view into account.

9.8 Remember each person of different ethnic or religious background is entitled to respect of human dignity.

Hence, they should be addressed with the same respect accorded to others.
9.9 Racial equality is a fundamental human right which the broadcaster and all viewers and listeners have a duty to observe.

10.

10.1 Self-Regulation by the Broadcasting Media Broadcasters should set up an easy-access complaints procedure and pro -actively inform the public and specifically vulnerable groups as to such procedure.

10.2 Media owners and registered editors should strongly support these Requirements.
10.3 Media owners should promote ethical standards amongst editors and journalists and raise awareness about these Requirements.

Training on these Requirements should be a standard element of journalistic training.

90 SUBSIDIARY LEGISLATION 350.27 REQUIREMENTS AS TO STANDARDS AND PRACTIC APPLICABLE TO THE PRICE OF TELEPHONE CALLS AND SMS’S IN THE BROADCASTING MEDIA APPENDIX V Government Notice 458 of 2007.

15th May, 2007 Citation.


The title of these requirements is the Requirements as to Standards and Practice applicable to the Price of Telephone Calls and SMS’s in the Broadcasting Media.

1.

1.1 Purpose These Requirements as to Standards and Practice have been made by the Broadcasting Authority in virtue of article 20(3) of the Broadcasting Act, Chapter 350 of the Laws of Malta.

2.
2.

2.1 Cost of Telephone Call and SMS to be made known Where the cost of a telephone call or sms is higher than the normal published tariff, then the broadcaster has to inform the viewer or listener, as the case may be, of the price of that phone call or sms.

2.2 If a proportion of the cost of the call or sms, as the case may be, is intended for any non -profit making cause, then that proportion must also be specified.
2.3 In the case of a television programme, the information referred to in paragraphs 2.1 and 2.2 shall be given by means of a caption which shall comply with the Requirements as to Standards and Practice applicable to Crawls and Captions in Television Programmes.

2.4 These Requirements apply to any programme broadcast on radio and television.
91 REGULATION OF BROADCASTING AND ICTS – ISSUES AND CASE STUDIES CONVERGENCE, OBJECTIVES, MEANS AND INSTRUMENTS APPENIX VI By Dr. Kevin Aquilina Chief Executive Broadcasting Authority 29th May 2007 A Malta - Commonwealth Third Country Training Programme LEGAL FRAMEWORK FOR INFORMATION AND COMMUNICATION TECHNOLOGIES 21st May – 1st June 2007 The Victoria Hotel, Sliema Introduction to the Broadcasting Authority 1.
I will open this presentation by first discussing the Broadcasting Authority (BA), its history, composition and method of removal, problems which this composition brings about, its functions, its financing and the new challenges for the Authority in so far as institutional convergence is concerned.

History 2.

The Broadcasting Authority was established on 29th September 1961 under the Broadcasting Ordinance.
When Malta became an independent state in September 1964, the Broadcasting Authority was established by the Constitution of Malta.

Composition 3.

The Authority is composed of a Chairman and four members.

All members are appointed by the President of Malta on the advice of the Prime Minister after he has consulted the Leader of the Opposition.
In practice this has worked out as follows: the Prime Minister chooses two members; the Leader of the Opposition chooses another two; whilst the Chairman is agreed to between the Prime Minister and the Leader of the Opposition.

If no agreement is reached, then it is up to the Prime Minister to advice the President on the nomination of the Authority.

Removal 4.
Removal 4.

A member of the Broadcasting Authority may be removed from office by the President, acting in accordance with the advice of the Prime Minister, but he may be removed only for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehaviour.

Problems with this Procedure 5.


It is not the first time that the discussions between the Prime Minister and the Leader of the Opposition as to the choice of the Members of the Authority take more time than is expected.

This means that the appointment of the incumbent Members would have to be renewed beyond the lapse of the term of office or else no such extension takes place and the Authority is left unconstituted for a couple of weeks not to say months as well.
For instance, in 2005, the Authority was not in office for roughly six months, even if the appointments - when made - were backdated.

92 Financing 6.

The Authority is mainly financed through two sources: a) b) an annual subvention which is appropriated by Parliament and which can never be less than Lm 250,000 (around €600,000) per year; broadcasting fees and administrative penalties which it keeps for its own purposes.
Should the Authority require additional money to carry out its Constitutional function but does not have any revenue for that purpose, it is authorised by law to incur such expenditure.

Institutional Convergence 7.

In Malta there are two separate authorities which regulate broadcasting: the Broadcasting Authority which regulates programming content on radio and television and the Malta Communications Authority which regulates the technical side of broadcasting.
Both Authorities are independent of each other even if there is a healthy working relationship between the two.

At the present moment in time there has been no discussion on the part of Government of converging both authorities.

Although convergence in the communications field seems to be the trend in the world, Malta has not yet taken any initiatives in this sense.

Moreover, even if this discussion were to take place, there are certain factors which might make convergence more complicated.
I have in mind the fact that the Broadcasting Authority – contrary to the Malta Communications Authority which is established by ordinary law – is established by the Constitution of Malta which is the supreme law of the land and the provisions of the Constitution dealing with the Broadcasting Authority require a the House of two-thirds majority of Representatives – of M.P.s – to amend those provisions.
Further, in Malta the two main political parties represented in Parliament – that is, the Government (Nationalist Party) and the Opposition (Malta Labour Party) – have their own radio and television station and hence they would want in all probability to preserve the status quo which is in their interest.

So for convergence at the institutional level to take place it is necessary to have both Government and Opposition in agreement as to the new institutional set up.

the members of Functions 8.


The Authority was originally established in 1961 both as a broadcaster and as a regulator.

BA as a Broadcaster 9 Since 1991 it can be stated that the Authority is primarily a regulator and very marginally a broadcaster.

The only case where the Authority is a broadcaster is in the case of schemes of political broadcasts.
Indeed, the Authority organises the following schemes of political broadcasts:- a) b) c) d) General election broadcasts held normally every five years; Local council election broadcasts held every February-March of each year; European Union Parliamentary election broadcasts held normally every five years; Referenda broadcasts held every time a referendum is called (the last one was held in 2003 so that the people could decide whether Malta should join or not the European Union) 10.
BA as a Regulator As a regulator, the BA has a twofold function: a) b) a Constitutional function; a Legal function.

11.
The Constitutional Function The constitutional function is set out in article 119 of the Constitution and provides as follows: ‘It shall be the function of the Broadcasting Authority to ensure that, so far as possible, in such sound and television broadcasting services as may be provided in Malta, due impartiality is preserved in respect of matters of political or industrial controversy or 93 relating to current public policy and that broadcasting facilities and time are fairly apportioned between persons belonging to different political parties.’ 12.
The Legal Function The Constitution further provides that the constitutional function of the Broadcasting Authority is without prejudice to such other functions and duties as may be conferred upon it by any law for the time being in force in Malta.

The main legal function of the Authority is set out in the Broadcasting Act.
Essentially this function can be subdivided into the following categories: a) b) c) d) e) f) Licensing of Radio and Television; Regulation of Programme Content; Developing broadcasting standards; Carrying out Research; Enforcing the provisions of the law; Other miscellaneous functions (training of staff and broadcasters, reporting to Parliament, etc.).

13.
13.

Licensing of Radio and Television The Authority licences the following: a) b) c) Community Radios – Analogue; Nationwide Radio Stations – Analogue and Digital; Nationwide Television Stations – Analogue and Digital.

The Authority has been delegated by Government on an ad hoc basis to licence Satellite Broadcasting.

Cable broadcasting is licensed by the Malta Communications Authority but the BA supervises programme content on the cable network.
The MCA has also licensed a digital radio platform and the BA is currently in the process of drawing up regulations to be able to licence programme content on this network.

Apart from traditional radio and television broadcasts, the BA does not monitor other media which might contain broadcasting such as mobile telephony, the internet, etc.

For the time being such content is not being monitored at all in Malta.

14.
Media Concentration In order to avoid media concentration, the Broadcasting Act establishes the following rules: a) b) Government can provide broadcasting services only through a company which provides public service broadcasting and Government may not, through any of its other companies, own voting shares in a company providing any broadcasting services; no organisation, person or company may own, control or be editorially responsible for more than (i) (ii) (iii) one terrestrial or cable, radio broadcasting service, and one terrestrial or cable, television broadcasting service, and one terrestrial or cable, radio or television broadcasting service devoted exclusively to teleshopping.
15.
The Current Broadcasting Landscape In Malta the current broadcasting scenario is divided as follows: a) b) c) d) six nationwide television stations, four of which are free-to-air, one is carried both by the cable operator and the digital terrestrial operator and another station which is carried only by the cable operator; thirteen nationwide analogue radio stations; twenty-seven permanent analogue community radio stations; around twenty-two short-term analogue community radio stations; 94 e) f) g) a digital cable system which carries 85 television channels and 61 radio channels and an analogue cable system which carries 55 television stations ; a digital terrestrial television network which carries 48 television stations; a digital radio network which will commence operations in December 2007.
Malta has not yet licensed any satellite channel.

There is also one teleshopping television station which is available only on the cable system.

16.

Analogue Switch off Date No date has been established for analogue radio switch off.

On the other hand, the Malta Communications Authority has established 2010 as the year for switch off for analogue television.

17.

Regulation of Programme Content Programme content is regulated through European and Maltese Law.
In so far as European law is concerned, this is divided into two: a) b) the Council of European’s European Convention on Transfrontier Television; the European Union’s Television Without Frontiers Directive.

European law applies only to television broadcasts; radio broadcasts are not covered by the legislation of the Council of Europe and the European Union.
As to Maltese Law, the main provisions governing the regulation of programme content are found in: a) b) c) the Constitution of Malta – article 119(1); the Broadcasting Act; the subsidiary legislation made under the Broadcasting Act (Regulations, Codes, Requirements, Directives).

18.

Advertising, Sponsorship and Teleshopping The rules regulating Advertising, Sponsorship and Teleshopping are found: a) b) in the Third Schedule of the Broadcasting Act; in Requirements adopted by the Broadcasting Authority.
The Third Schedule – in so far as television is concerned faithfully transposes the European Union Television Without Frontiers Directive.

The regulation of advertising and sponsorship on radio is also contained in this Third Schedule but does not reflect European Union law on the subject as there are no such rules regulating radio broadcasts at EU (or Council of Europe) level.

19.

Protection of Minors The Authority plays an important role in the protection of minors from harmful broadcasting content.
Such content can be found in programmes and in advertisements.

In so far as advertising and teleshopping content are concerned the Authority has developed a Broadcasting Code For The Protection of Minors.

As to other programming, the Authority has produced Requirements as to Standards and Practice applicable to Family Viewing and Listening, 2007, and the Television Programmes (Classification Certificates) Regulations in terms of which cinematographic works and any creative audiovisual work are classified.
20.

Correct Use of the Maltese Language The Authority has adopted a Broadcasting Code on the Correct Use of the Maltese Language on the Broadcasting Media.

In terms of this Code, broadcasters have to safeguard the Maltese language, stop persons who abuse the Maltese language on their media from participating, and 95 ensure that the Maltese spoken is clear and easy to understand apart from being properly used as to diction, semantics, grammar, syntax, morphology and content.

21.
21.

Programme Complaints Although the BA has its own in-house Programme Monitoring Department, it is not possible bearing in mind the above described audiovisual landscape to be in a position to monitor all broadcasts locally originating in Malta let alone foreign rebroadcasts.

Hence the Programme Monitoring Department has to randomly monitor programmes and to prioritise what is to be monitored and what not.
For this purpose the BA has adopted a policy in terms of which all news bulletins and all current affairs programmes are monitored whilst in the case of all other programming at least one episode of each programme is monitored and an appraisal made as to whether that programme would require continuous or random monitoring.

This procedure is supplemented by a Complaints procedure.
For this purpose the Authority has in place a Code For The Investigation and Determination of Complaints in terms of which members of the public can first complain to a broadcasting station in writing with a copy to the BA and if the complaint is not solved by the station then the complainant can bring his or her case before the BA for its decision.
A complaint has to fall within the parameters of article 34 of the Broadcasting Act, that is, the complainant must be subjected to unjust and unfair treatment or there must have been an infringement of his or her privacy.

In other cases, it is up to the Programme Monitoring Department to take action if the complaint does not fall under article 34 of the Broadcasting Act but under any other provision in terms of which the Chief Executive of the BA may issue a charge against a broadcasting station.

22.
22.

Programme Schedules All radio and television stations have to provide the Authority with their programme schedules.

As a rule the Authority does not approve these schedules except those of the public service broadcaster.
However, when a general election is called, following the publication of the writ by the President of Malta calling a general election and the actual date of the elections – usually a five week period – the Authority would approve all programme schedules in order to ensure that all programming is impartial.

The Authority also would approve any changes to programme schedules during this five-week period.

23.
23.

European Union Television Without Frontiers Directive The European Union’s Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting services, otherwise known as the Television Without Frontiers Directive, was amended in 1997 through Directive 97/36/EC of 30 June 1997 and is currently up for review again.
This Directive contains provisions which deal with major events, quotas, advertising, sponsorship and teleshopping, protection of minors, the right of reply, jurisdictional matters and other aspects relevant to broadcasting.

Hereunder I will address a few of these issues.

24.

Major Events Malta’s first list of major events dates back to 2001.
This list has been revised in 2007 and provides a list of designated events, both Maltese and foreign, which the BA considers to be of major importance for Maltese society.

Essentially this list consists in cultural and sports events which vary from the Malta Carnival to the World Cup, from the Malta Song for Europe to the Games of the Small States of Europe.

The new list now contains 3 cultural events and 10 sports events.

96 25.
96 25.

Short News Reporting Although the EU TWF Directive is silent on the point of short news reporting, the Authority has just approved a proposal which it will soon forward to the Prime Minister so that the latter can made regulations under the Broadcasting Act so that short news reporting is regulated in Malta.

Jurisdiction 26.
Jurisdiction 26.

Although the TWF Directive deals with jurisdictional issues in its articles 2 and 3 and applies the country of origin principle, it cannot be said that there have been any cases in Malta where this provision has had to be applied.

This is mainly due to the fact that Maltese television and radio does not produce a transboundary effect: its range is limited to the Maltese islands.

27.
27.

Quotas: European Works and Independent Productions The TWF Directive does oblige Malta to report to the EU Commission as to the compilation of statistics concerning European works and independent productions.

Indeed, the TWF Directive requires Member States to ensure that at least 51% of their programming is European in origin and that 10% of a station’s programming derives from independent production houses.

28.
28.

Developing standards The Authority has been in the business of developing standards for broadcasting stations for quite some time.

For instance, at the moment it is in the process of approving standards as to gender portrayal in the broadcasting media and will be probably discussing quality in broadcasting in the near future.

These standards are found in the following documentation.

29.
29.

Requirements as to Standards and Practice The Authority has issued Requirements as to Standards and Practice on various aspects in order to regulate programming content on the broadcasting media.
These standards apply to: a) GN 257 of 2007 - Requirements as to Standards and Practice applicable to News Bulletins and Current Affairs Programmes, 2007; b) GN 258 of 2007 - Requirements as to Standards and Practice applicable to Participation in Media Programmes of Vulnerable Persons, 2007; c) GN 259 of 2007 - Requirements as to Standards and Practice applicable to the Coverage of Tragedies in Broadcasting, 2007; d) GN 260 of 2007 - Requirements as to Standards and Practice applicable to Disability and its Portrayal in the Broadcasting Media; e) GN 261 of 2007 - Requirements as to Standards and Practice applicable to the Family f) Viewing and Listening, 2007; GN 262 of 2007 - Requirements as to Standards and Practice applicable to Phone-ins in Programmes aired on the Broadcasting Media, 2007; g) GN 263 of 2007 - Requirements as to Standards and Practice applicable to Crawls and Captions in Television Programmes, 2007; h) GN 264 of 2007 - Requirements as to Standards and Practice applicable to various i) j) types of Polls broadcast on Radio and Television Services, 2007; GN 265 of 2007 - Requirements as to Standards and Practice applicable to the Conduct of competitions and the award of prizes, 2007; GN 266 of 2007 - Requirements as to Advertisements, Methods of Advertising and Directions applicable to Tattoo Advertising, 2007; k) GN 267 of 2007 - Requirements as to Advertisements, Methods of Advertising and Directions applicable to Alcoholic Drink Advertising, Sponsorship and Teleshopping, 2007; GN 407 of 2007 - Requirements as to Advertisements.
Methods of Advertising and Directions applicable to Gambling Advertisements, 2007; l) m) GN 413 of 2007 - Requirements as to Standards and Practice on the Promotion of Racial Equality, 2007; n) GN 458 of 2007 - Requirements as to Standards and Practice applicable to the Price of Telephone Calls and SMS’s in the Broadcasting Media, 2007.

97 30.

Directives The Authority issues, from time to time, directives to broadcasting stations.
These are usually issued in connection with a) b) c) d) general elections; local council elections; European Union Parliamentary elections; referenda.

31.

Guidelines The Authority also publishes guidelines in order to assist broadcasting stations in ameliorating the quality of their programming.
Guidelines exist on: a) b) c) d) e) f) audio-visual programme content created for children; advertising concerning medicines, treatments, health claims, nutrition and dietary supplements; advertising of financial services and products; programme participants speaking a foreign language in news bulletins; reporting of news and the production of programmes on the commission of offences, their investigation and court proceedings; technical words translated into Maltese (IT terminology).

32.
32.

Circulars The Authority issues circulars to broadcasting stations in terms of which it informs them of how it is interpreting certain provisions of the law.

In this way all stations would be aware of what is allowed or not on their broadcasting media.

Recently, the Authority has issued two such interpretations dealing with programmes on motor vehicles and programmes on immovable property.

33.
33.

Research The Authority is entrusted by law for carrying out research of a quantitative and qualitative nature.

However, on this point, my colleague Mr. Mario Axiak, the Authority’s Head of Research and Communications, will give you a separate presentation on this subject.

34.

Enforcement Up till 2000, any infringement of the Broadcasting Act constituted a criminal offence.
However, since July 2000, the vast majority of the offences committed under the Broadcasting Act have now been depenalised and are thus punishable through an administrative sanction.

Article 41 of the Broadcasting Act authorises the Chief Executive of the Broadcasting Authority to issue a charge against a broadcasting station who is allegedly in breach of the Broadcasting Act.

If the station admits the charge it pays a reduced penalty which is established in the Fifth Schedule to the Broadcasting Act.
If the station elects to contest the charge, then it will have to attend a BA meeting and put its case before the Authority after the BA Chief Executive would have read out and explained the charge.
If the station is not found guilty, it is acquitted; if it is found guilty, depending on the seriousness of the case, the Authority may award any one or more of the following administrative measures:- a) b) c) d) a warning (usually administered for first time offenders); a penalty which cannot exceed Lm 15,000 (around € 36,000); a suspended penalty which cannot exceed Lm 15,000 (around € 36,000); putting off the station for such time as the Authority might determine.
In addition to the above, for more serious offences, the Authority can suspend a broadcasting licence or even revoke it.

98 Judicial Review 35.

Where the Authority inflicts an administrative measure as per paragraphs (a) to (d) above, the station can seek judicial review of that decision first before the Civil Court and, if unsuccessful, then before the Court of Appeal.

36.
36.

Appeal Where the Authority suspends or revokes a broadcasting licence, the station can appeal that decision directly to the Court of Appeal.

37.

Other Miscellaneous Functions Other miscellaneous functions of the Authority include the following: Training; a) b) Reporting to Parliament; c) Giving evidence in Court.

38.

Training The Authority organises training both for its staff as well as for broadcasters.

Just to give a few examples.


Currently the Authority is organising a short course for its staff on ‘Environmental Studies for Broadcasters’.

Last year we had a course on ‘Economics for Broadcasters’ and this November there will be another course on ‘International Relations for Broadcasters’.
Apart from these courses the Authority organises seminars on topics which are of more direct relevance to broadcasters such as on the Broadcasting Law and several of its aspects such as Advertising, Sponsorship and Teleshopping; Protection of Minors, etc.

39.

Reporting to Parliament As the Authority is a creature of Parliament, the Authority has on a yearly basis to draw up a report and submit it to Parliament.
This report is then discussed by the Public Accounts Committee which is one of the six standing committees of the House of Representatives.

40.

Giving Evidence in Court As the Authority records all local nationwide radio and television programmes, Authority staff have to call at the Courts in order to exhibit an authentic copy of the recordings of those programmes subject to court proceedings.

41.
41.

Compact Disc The compact disk which my colleague Mr. Mario Axiak has developed provides the text of all the laws, requirements, directives and guidelines I have referred to in this presentation.

More information is available on our website www.,ba-malta.org which is currently in the process of being revamped by the end of June 2007.

99 DRITTIJIET MHUX KARITÀ – 10TH DECEMBER 2007 APPENDIX VII Introduction.

1.
1.

The European Commission designated 2007 as the European Year of Equal Opportunities for All with the aim of “making people in the European Union more aware of their rights to equal treatment and to a life free of discrimination”.
2 This year is also the 20th anniversary of the National Commission for Persons with Disabilities (KNPD) and as part of the activities for the commemorative week organized by the Commission, a national seminar was organized on 10th December 2007 for the launching of a new publication by the Commission titled Drittijiet mhux Karità (Rights not Charity).

Drittijiet mhux Karità is a set of guidelines towards an inclusive society and a positive difference in the lives of Maltese and Gozitan disabled people.
This publication has various formats: in large print, an easy-to-read version, and an audio version.

These guidelines were compiled from two sources: data collection from specialized publications and sources of information; and through consultation with NGOs and contribution of activists in the disability sector.

Background.

2.

In December 2002, the Broadcasting Authority published a Code of Practice on Disability and its Portrayal in the Broadcasting Media.
These guidelines, which were drawn up with the collaboration of the National Commission Persons with Disability, are based on the social model of disability and although intended for broadcasters, the Commission recognized the importance of media and its considerable influence on how people develop opinions and attitudes.

These guidelines were incorporated in the publication Drittijiet mhux Katrità.
During 2007 the Broadcasting Authority published these guidelines as part of its subsidiary legislation through Government Notice 260 of 22nd March titled Requirements as to Standards and Practice applicable to Disability and its Portrayal in the Broadcasting Media.
To complement these requirements, the Broadcasting Authority also published another set of subsidiary legislation though Government Notice 730 on 7th August titled Requirements as to Standards and Practice Applicable to Participation in Media Programmes of Vulnerable Persons.
While the former set of subsidiary legislation directly concerns disability and its portrayal, the second set has a wider population reach since it includes all forms of vulnerability, including “persons having a mental or physical impairment” and requires broadcasters and producers to coordinate with other national agencies when involving specific groups of the population.

Thus, while the subsidiary legislation published through G.N.
260 on 22nd March is directly aimed at media practitioners, the regulation published through G.N.

730 of 7th August is directed at the rights of vulnerable persons in broadcast media which have to be respected by broadcasters in the portrayal of such persons.

Both such requirements set the minimum standards which broadcasters have to follow even if the rights contemplated may be somewhat wavered by participants in broadcast programmes.

Conference presentation of guidelines.

3.


For the launch of this manual of guidelines, the National Commission for Persons with Disability organised a seminar on 10th December at Dar L-Istudent, University of Malta.

The discussion panel was composed by the Hon.

Clyde Puli M.P., Mr. J. M. Camilleri, Chairman of KNPD; Rev.

Prof. S. Chircop, Director of the Centre for Communication Technology, University of Malta; Rev.

Fr.
Fr.

Joe Borg, consultant at the Ministry for Tourism and Culture; a representative of the Institute of Maltese Journalists; a representative of the Federation of Industries, and Mr. Mario Axiak, Head of Research and Communications, Broadcasting Authority.

The guidelines published by the National Commission are a great step forward in the proper representation of persons with disabilities.
These guidelines cover seven spheres: language; 2 http://ec.europa.eu/employment_social/eyeq/index.cfm 100 pictorial representation; etiquette; public activity organisation; radio and TV productions and programme scripts; printed matter; and guidelines for websites.

Political correctness, positive portrayal, equal treatment, accessibility, inclusiveness, and technology divide are all areas considered in this publication.
The portrayal of disability in broadcast media has been on the Broadcasting Authority’s agenda since 2002 with the first publication of such guidelines.

The formulation and publication of the 2002 guidelines came into being following complaints by the KNPD on the negative portrayal of persons with disability during fund-raising programmes.
Such programmes were considered to be an affront to human dignity as they stressed the helplessness of people with disability; used the repetition ad nauseam of the same objectionable clip during the whole fund-raising programme; made use of slow motion; and used sensationalism.

The Broadcasting Authority’s Advisory Committee on Quality and Ethics drew up the code after various consultations with broadcasters, the KNPD, professionals involved with persons with disability, and the general public.
Although this may have seemed a breakthrough for the proper portrayal of persons with disability; considering the broadcasting rules and regulations of broadcasting authorities set up in both European Countries as well as in other regions, the Broadcasting Authority is the only authority that has ever published such rules, regulations, and directives.
While self-advocacy is the norm in most, if not all, of the European Countries, portrayal of disability in local broadcast media bas been manipulated albeit with all good intent and purpose.

The publication of such guidelines covering aspects of portrayal of disability in various social activities should greatly improve representation.
However, the subsidiary legislation published by the Broadcasting Authority only sets the lowest level of portrayal below which it would be both unacceptable and punishable under the Broadcasting Act.

Besides, the guidelines published by the KNPD are directed at people whose responsibility is towards vulnerable persons and people with disability.

Conclusion.

4.
Conclusion.

4.

The methods used by the Broadcasting Authority and the KNPD of regulation and information are unidirectional – they are directed at persons and/or institutions which would make use of vulnerable persons and persons with disability.

A further step is required.

Vulnerable persons and persons with disability lack a set of guidelines to prepare them for proper representation not only in media broadcasts but in all the other aspects contemplated in the publication Drittijiet mhux Karità.
This aspect has, so far, been excluded by both organizations.

Although self-advocacy is a regular issue by KNPD especially for persons with intellectual disability, the education and preparation for proper representation is a continuous process; while media awareness and education for vulnerable people and persons with disability requires much further resources than may be available to both institutions.
Having said this, it is important that analysis be made of the various initiatives taken over the past years by all stakeholders concerned; while priorities and benchmarks are set against the availability of pooled resources.
101 APPENDIX VIII BROADCASTING AUTHORITY RECRUITMENT POLICY GRADES WHICH REQUIRE A DEGREE Grades which require possession of a degree in the case of an eventual vacancy are the following: Chief Executive Director Administration Director Finance Head of Monitoring Head of Communications & Research Supervisor in the Monitoring Department Senior Programme Monitor Senior Accounts Officer Programme Monitor For the purpose of this policy, a degree means a degree awarded by the University of Malta or any other degree awarded by another university or institute which is evaluated and certified as equivalent to a degree conferred by the University of Malta in terms of article 26(1) of the Education Act.
Grades which require a diploma.

In so far as the posts of Personal Secretary and Secretary are concerned, future incumbents should possess a Diploma in Secretarial Studies or equivalent.

In so far as the Senior Technical Officer is concerned, a Higher Technician’s Diploma or a Diploma in Information Technology with specialisation in technical backup or a diploma in a technical subject with a minimum of 5 years experience in the technical field is required.
In the case of an Accounts Officer, an accounting technician diploma or equivalent is required.

In the case of a Senior Accounts Clerk on BA Scale 5, a minimum of ‘A’ level Accounts is required.
In the case of the following posts, no degree or diploma are required: Clerks (including Receptionist / Clerk) Officer in charge of Minor Staff Senior Office Assistant Office Assistant Charwoman/Janitor However, in the case of the above posts, the Authority should require the analogous qualifications and/or experience required in Government service.

In the case of recruitment of a Monitoring Officer, a diploma is required.
A first degree or diploma which should be considered to be a pre-requisite as aforesaid should preferably be in the following subjects: [a] law; [b] management, public administration or commerce; [c] communications or journalism or media studies; [d] accountancy or finance; [e] social work, social studies, sociology or psychology; or equivalent professional qualifications to any of the above.
102 BROADCASTING AUTHORITY REPORT AND FINANCIAL STATEMENTS FOR THE YEAR ENDED 31ST DECEMBER 2007 Index Statement of the Authority’s Responsibilities Auditors’ Report Income and Expenditure Account Balance Sheet Statement of Changes in Equity Cash Flow Statement Notes to the Financial Statements Schedules Schedule 1: Income and Expenditure Account Page 104 105 107 108 109 110 111 Page 118 Schedule 2: Administrative, Research and Communications Expenses 119 Schedule 3: Departmental Expenses 120 103 Statement of the Authority’s Responsibilities The Broadcasting Act, 1991 requires the Authority to prepare financial statements for each financial period which give a true and fair view of its state of affairs at the end of the financial period and of its surplus or deficit for that period.
In preparing the financial statements, the Authority is required to: • • • • • • adopt the going concern basis, unless it is inappropriate to presume that the Authority will continue in business; select suitable accounting policies and apply them consistently; make judgements and estimates that are reasonable and prudent; account for income and charges relative to the accounting period on the accruals basis; value separately the components of asset and liability items; and report comparative figures corresponding to those of the preceding accounting period.
The Authority is responsible for keeping proper accounting records which disclose with reasonable accuracy, at any time, its financial position and to enable it to ensure that the financial statements comply with the relevant legislation.

The Authority is also responsible for safeguarding its assets and hence for taking reasonable steps for the prevention and detection of fraud and other irregularities.
104 Auditors’ Report We have audited the financial statements of the Broadcasting Authority on pages 107 to 117 which comprise the Authority’s balance sheet as at 31 December 2007 and the profit and loss account, statement of changes in equity and cash flow statement for the year then ended and a summary of significant accounting policies and other explanatory notes.
Directors’ Responsibility for the Financial Statements The Authority’s members are responsible for the preparation and fair presentation of these financial statements in accordance with International Financial Reporting Standards and the requirements of the Maltese Broadcasting Act, 1991.
As described in the statement of the Authority’s responsibilities on page 104, this responsibility includes designing, implementing and maintaining internal control relevant to the preparation and fair presentation of financial statements that are free of material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting estimates that are reasonable in the circumstances.
Auditor’s Responsibility Our responsibility is to express an opinion on these financial statements based on our audit.

We conducted our audit in accordance with International Standards on Auditing.

Those Standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance whether the financial statements are free of material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements.

The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error.
In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control.
An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by the directors, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.
105 Opinion In our opinion, the financial statements give a true and fair view of the financial position of the Authority as at 31 December 2007, and of its financial performance and its cash flows for the year then ended in accordance with International Financial Reporting Standards and have been properly prepared in accordance with the requirements of the Maltese Broadcasting Act, 1991.
John Abela (Partner) for and on behalf of Horwath Malta Audit, Tax and Business Advisory Services 18 March 2008 106 INCOME AND EXPENDITURE ACCOUNT YEAR ENDED 31 DECEMBER 2007 Note 2007 Lm 2006 Lm Income (Schedule 1) 4 429,333 408,387 Expenditure (Schedule 1) (405,002) (357,941) Surplus for the year 8 24,331 50,446 107 BALANCE SHEET 31 DECEMBER 2007 ASSETS Non-current Assets Property, Plant and equipment Current Assets Receivables Cash at bank and in hand Total Assets CAPITAL AND LIABILITIES Capital and Reserves Capital fund Reserve Fund Revaluation reserve Accumulated reserve Current Liabilities Payables Notes 2007 Lm 2006 Lm 9 886,700 897,669 10 64,786 312,040 37,116 303,824 376,826 340,940 1,263,526 1,238,609 11 11 12 1,104,476 1,104,476 16,000 126,085 (75,413) 16,000 126,085 (51,082) 1,195,479 1,171,148 13 68,047 67,461 Total Capital and Liabilities 1,263,526 1,238,609 The financial statements on pages 106 to 117 were approved by the members on 18th March 2008 and were signed on their behalf by: 108 STATEMENT OF CHANGES IN EQUITY YEAR ENDED 31 DECEMBER 2007 Total Lm Capital Fund Lm Revaluation Reserve Accumulated Fund Lm Reserve Lm Reserve Lm Balance at 01 January 2006 1,120,702 1,104,476 16,000 126,085 (125,859) Surplus for the year 50,446 - - - 50,446 Balance at 31 December 2006 1,171,148 1,104,476 16,000 126,085 (75,413) Balance at 01 January 2007 1,171,148 1,104,476 16,000 126,085 (75,413) Surplus for the year 24,331 - - - 24,331 Balance at 31 December 2007 1,195,479 1,104,476 16,000 126,085 (51,082) 109 CASH FLOW STATEMENT YEAR ENDED 31 DECEMBER 2007 Cash flows from Operating Activities Surplus for the year Adjustment for: Profit on disposal of property, plant and equipment Depreciation charge Bank interest receivable Note 2007 Lm 2006 Lm 24,331 50,446 (298) 32,810 (7,420) (2,819) 38,017 (5,743) Operating surplus before working capital changes 49,423 79,901 Decrease/(increase) in receivables Increase/(decrease) in payables Cash generated from operations Bank interest received Net Cash from Operating Activities Investing Activities Proceeds from sale of property, plant and equipment Payments to acquire property, plant and equipment Net cash used in Investing Activities (27,670) 775 1,425 2,662 22,528 83,988 7,231 5,697 29,759 89,685 347 (21,890) 2,819 (13,935) (21,543) (11,116) Net movement in Cash and Cash Equivalents 8,216 78,569 Cash and cash equivalents at beginning of year 303,824 225,255 Cash and Cash Equivalents at End of Year 14 312,040 303,824 110 NOTES TO THE FINANCIAL STATEMENTS YEAR ENDED 31 DECEMBER 2007 1.
Basis of Preparation The financial statements have been prepared in accordance with the requirements of International Financial Reporting Standards (IFRSs) and their interpretations adopted by the International Accounting Standards Board (IASB) and in compliance with the provisions of the Broadcasting Act, 1991.

The preparation of financial statements in conformity with IFRSs requires the use of certain accounting estimates.
It also requires management to exercise its judgement in the process of applying the Authority’s accounting policies (refer to note 3).

2.

Significant Accounting Policies The significant accounting policies adopted in the preparation of these financial statements are set out below.

These accounting policies have been consistently applied by the Authority and are consistent with those adopted during the previous year.

Revenue Recognition Income from Government is recognized on an accruals basis.
Interest income from investments is accrued on a time basis, by reference to the principal outstanding and at the interest rate applicable.

Property, Plant and Equipment Property, plant and equipment are stated at cost less accumulated depreciation.

Depreciation is calculated to write down the value of tangible fixed assets less any anticipated residual value over their estimated useful lives.
A charge equivalent to a full year’s depreciation is provided during the year in which the asset is first brought into use, while no depreciation is charged during the year the asset is disposed of or scrapped.

Expenditure on repairs or maintenance of tangible fixed assets made to restore or maintain future economic benefits expected from the asset is recognised as an expense when incurred.
Depreciation is provided using the straight line method at the following rates: Buildings Motor vehicles Studio equipment Fixtures, fittings and equipment 10/20 Technical equipment Transmitting antenna 4/12 25 % 1 20 20 No depreciation is provided on freehold land.

111 Financial Instruments Financial assets and financial liabilities are recognised when the Authority becomes a party to the contractual provisions of the instrument.
Financial assets and financial liabilities are initially recognised at their fair value plus directly attributable transaction costs for all financial assets or financial liabilities not classified at fair value through profit or loss.
Financial assets and financial liabilities are offset and the net amount presented in the balance sheet when the Authority has a legally enforceable right to set off the recognised amounts and intends either to settle on a net basis or to realise the asset and settle the liability simultaneously.

Financial assets are derecognised when the contractual rights to the cash flows from the financial assets expire or when the entity transfers the financial asset and the transfer qualifies for derecognition.
Financial liabilities are derecognised when they are extinguished.

This occurs when the obligation specified in the contract is discharged, cancelled or expires.

Impairment At each balance sheet date the Authority reviews the carrying amounts of its assets to determine whether there is any indication that those assets have suffered an impairment loss.

If any such indication exists, the recoverable amount of the assets is estimated in order to determine the extent of the impairment loss (if any).
If the recoverable amount of an asset is estimated to be less than its carrying amount, the carrying amount of the asset is reduced to its recoverable amount.

Impairment losses are recognized as an expense immediately.
Where an impairment loss subsequently reverses, the carrying amount of the asset is increased to the revised estimate of its recoverable amount, but so that the increased carrying amount does not exceed the carrying amount that would have been determined had no impairment loss been recognized for the asset in prior years.

A reversal of an impairment loss is recognized as income immediately.
Trade debtors Trade debtors are recognised initially at fair value and subsequently measured at amortised cost using the effective interest method, less provision for impairment.

A provision for impairment of trade debtors is established when there is objective evidence that the Authority will not be able to collect all amounts due according to the original terms of debts.
112 The amount of the provision is the difference between the asset’s carrying amount and the present value of estimated future cash flows, discounted at the effective interest rate.

The amount of the provision is recognized in the profit and loss account.

Trade Creditors Trade creditors are carried at cost which is the fair value of the consideration to be paid in the future for goods and services received, billed to the Authority.
Cash and Cash EquivalentsCash and cash equivalents comprise cash in hand, fixed and demand deposits.

3.

Critical Accounting Estimates and Judgments.

Estimates and judgments are continually evaluated and based on historical experience and other factors including expectations of future events that are believed to be reasonable under the circumstances.
In the opinion of the board members, the accounting estimates and judgments made in the course of preparing these financial statements are not difficult, subjective or complex to a degree which would warrant their description as critical in terms of the requirements of IAS 1 (revised).

4.
4.

Income Income represents the amount receivable from the Government of Malta as subvention and contributions from broadcasting organisations and other income as follows: Government of Malta subventions Contributions from broadcasting organisations Other income 2007 Lm 260,000 133,300 36,033 2006 Lm 260,000 123,100 25,287 429,333 408,387 5.
Information Relating to Compensation of Key Management Personnel Board members' compensation: Board members honoraria Board secretary's salary Social security contributions 2007 Lm 26,007 11,998 2006 Lm 23,534 11,134 38,005 34,668 867 1,392 Total key management personnel compensation 38,872 36,060 113 6.
Board and Staff Costs and Employee Information Staff costs: Wages and salaries Social security costs 2007 Lm 256,227 17,781 2006 Lm 229,834 16,096 274,008 245,930 The average number of persons employed during the year, including board members, was made up as follows: Board members Operations 7.

Investment Income Interest on bank deposits 8.
Surplus for the Year This is stated after charging: Auditors' remuneration Depreciation 2007 No 5 29 34 2007 Lm 7,420 2006 No 5 23 28 2006 Lm 5,743 2007 Lm 2006 Lm 590 32,810 590 38,017 114 0 9 8 , 1 2 ) 8 5 3 , 3 1 ( 6 9 7 , 6 3 4 , 1 - 5 4 7 , 5 8 8 2 , 3 2 2 - - - - 0 6 7 , 3 2 7 9 0 , 0 8 7 8 5 , 3 5 9 8 2 , 6 ) 5 1 7 1 ( 3 0 6 , 0 9 1 6 5 8 , 9 ) 3 4 6 1 1 ( - - - - , 7 5 6 6 9 7 4 0 8 , & s g n i t t i F t n e m p u q E i m L & , 5 4 4 , 1 3 3 0 , 9 2 2 0 6 7 , 3 2 7 9 0 , 0 8 1 6 1 , 8 5 6 1 8 , 8 8 1 7 5 6 , 6 9 7 4 0 8 , , y t r e p o r P .
9 0 1 8 , 2 3 7 2 1 , 9 3 5 ) 9 0 3 , 3 1 ( - 2 7 9 , 4 1 3 2 2 , 2 2 1 - - - 7 7 9 9 5 7 , 3 2 8 6 1 , 7 7 7 9 1 , 2 5 9 1 1 , 2 ) 5 1 7 1 ( 5 7 7 , 6 , 5 3 7 4 7 1 ) 4 9 5 , 1 1 ( - 7 6 9 , 7 5 4 0 9 8 , 8 2 6 , 8 5 5 5 9 1 , 7 3 1 9 5 7 , 3 2 5 4 1 , 8 7 1 0 6 , 2 5 6 1 9 , 9 6 1 2 1 0 , 7 9 - - - - 0 0 7 , 6 6 8 8 3 8 , 1 9 9 6 6 , 7 9 8 5 6 0 , 1 0 1 1 1 2 5 9 , 1 0 6 5 , 5 0 0 9 , 8 1 5 4 6 , 9 9 6 4 0 8 , 8 6 9 2 9 , 2 0 9 3 , 1 8 6 8 , 5 1 2 1 6 , 7 0 7 4 0 8 , 115 9.
Property, Plant and Equipment (continued) i) Land and buildings at Gharghur were revalued on the basis of an open market valuation for existing use on 25 March 1991 by professional civil engineers & consultants.

The transmitting antenna at Gharghur was revalued on the basis of an open market valuation for existing use on 28 August 1991 by a professional architect and civil engineer.
If the above assets had not been revalued they would have been included in the financial statements at the following cost: Gharghur land, buildings and transmitting antenna 2007 Lm 655 ii) Fully depreciated fixed assets still in use at the balance sheet date amounted to: 2006 Lm 655 2006 Lm 23,760 157,444 75,214 51,398 2007 Lm 23,760 149,190 75,214 49,896 298,060 307,816 2007 Lm 43,000 10,077 11,709 2006 Lm 27,167 8,349 1,600 64,786 37,116 Motor vehicles Fixtures, fittings and equipment Studio equipment Technical equipment 10.
Receivables Licences receivable Other debtors Prepayments and accrued income 11.

Capital Fund and Reserve Fund These funds have been set up in accordance with Section 26 of the Broadcasting Act, 1991.

12.

Revaluation Reserve The revaluation reserve has arisen from a valuation carried out on property in 1991.

116 13.

Payables Capital creditors Other creditors Accruals and deferred income 2007 Lm 9,032 260 58,755 2006 Lm 13,547 120 53,794 68,047 67,461 14.
Cash and Cash Equivalents Cash and cash equivalents included in the cash flow statement comprise: Cash at bank and in hand 15.

Financial Instruments 2007 Lm 2006 Lm 312,040 303,824 Financial assets include debtors and cash held at bank and in hand.

Financial liabilities include creditors.

At 31 December 2007, the Authority had no unrecognised financial instruments.
Risk management policies a) Credit risk on amounts receivable is limited through the systematic monitoring of outstanding balances and the presentation of debtors net of allowances for doubtful debts, where applicable.

Cash is placed with reputable banks.

b) Liquidity risk is limited as the Authority has sufficient funding resources and the ability to raise finance to meet its financial obligations as these arise.
Fair Values At 31 December 2007, the fair values of financial assets and liabilities were not materially different from their carrying amounts.

16.

Capital Commitments The Authority has entered into a contract for the strengthening of the Gharghur Transmitting station which will give rise to a capital expenditure of Lm 51,495.
117 SCHEDULES TO THE INCOME AND EXPENDITURE ACCOUNT YEAR ENDED 31 DECEMBER 2007 Income and Expenditure Account Year ended 31 December 2007 Income Government contributions Application fees Licences Rental fees receivable Master Antenna facilities fees Investment income Other income Expenditure Administrative (schedule 2) Research and communications (schedule 2) Production (schedule 3) Monitoring (schedule 3) Technical (schedule 3) SCHEDULE 1 2007 Lm 2006 Lm 260,000 9,700 81,250 16,350 26,000 7,420 28,613 260,000 9,100 75,400 12,600 26,000 5,743 19,544 429,333 408,387 246,743 32,666 3,139 113,304 9,150 235,662 16,686 4,400 88,268 12,925 405,002 357,941 118 Administrative, Research and Communications Expenses Year ended 31 December 2007 Administrative Expenses Members' honoraria Legal advisor's honoraria Salaries Staff training Telecommunications Water and electricity Insurance Stationery Subscriptions and publications International organisations membership fees Repairs and maintenance IT maintenance and support Duty visits abroad Transport Rentals of radio & TV sets Staff health scheme Sundry expenses Auditors' remuneration Legal and professional fees Gharghur site running costs Profit/Loss on disposal of tangible fixed assets Depreciation Research and Communications Expenses Wages and salaries Audience and qualitative research study Seminars and conferences Public relations BA reports and publications Advertising Broadcasters' Maltese language support Sub-committee research costs SCHEDULE 2 2007 Lm 2006 Lm 26,007 2,500 105,629 430 6,292 10,935 3,265 3,399 1,307 791 12,116 4,383 3,567 3,599 2,578 4,827 3,689 590 5,497 15,927 -298 29,713 23,534 2,500 109,839 300 4,759 8,962 3,356 3,303 940 2,816 9,281 2,677 3,454 3,817 2,519 4,510 4,010 590 1,859 11,836 -2,819 33,619 246,743 235,662 10,664 10,130 255 1,320 5,626 1,841 1,475 1,355 10,123 3,756 754 1,018 67 628 340 - 32,666 16,686 119 Departmental Expenses Year ended 31 December 2007 Production Department TV political broadcasts Depreciation Monitoring Department Wages and salaries Purchase of audio tapes Staff training Repairs and maintenance Depreciation Technical Department Wages and salaries Repairs and maintenance Sundry expenses Staff training SCHEDULE 3 2007 Lm 2006 Lm 1,093 2,046 961 3,439 3,139 4,400 111,964 270 - 20 1,050 85,065 1,309 507 429 958 113,304 88,268 9,015 131 - 4 8,549 4,090 21 265 9,150 12,925 120