A 1060
I assent.
(L.S.) GEORGE VELLA
President
7th December, 2020
ACT No. LVI of 2020
AN ACT to amend the Broadcasting Act, Cap. 350.
BE IT ENACTED by the President, by and with the advice of the
House of Representatives, in thi s present Parliament assembled,  and
by the authority of the same as follows:-
Short title. 
Cap. 350.1. The short title of this Act is the Broadcasting (Amendment)
Act, 2020, and this Act shall be r ead and construed as one with  the
Broadcasting Act, hereinafter referred to as the "principal Act ".
Amendment of 
article 2 of the 
principal Act.2. In article 2 of the principal Act, the definition "Minister" sh all
be substituted by the following:
" "Minister" unless otherwis e provided, means the Minister
responsible for broadcasting;". 
Amendment of 
article 16F of the principal 
Act.3. In article 16F of the principal Act, the definition "the Counci l
Directive" shall be substituted by the following:
" "Council Directive" means Directive (UE) 2018/1808 of
the European Parliament and of the Council of 14 November
2018 amending Directive 2010/13/ EU on the coordination of
certain provisions laid down by la w, regulation or administrative
action in Member States concerning the provisions of the
audiovisual media services ( Audiovisual Media Services
Directive) in view of changing market realities;".
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Amendment of 
article 16G of 
the principal Act. 4. Article 16G of the principal Ac t shall be amended as follows:
(a) the definition "audiovisual commercial
communication" shall be substituted by the following:
" "audiovisual commercial communication" means
images with or without sou nd which are designed to
promote, directly or indirectly, the goods, services or
image of a natural or legal person pursuing an economic
activity; such images accompany, or are included in a
programme or user-generated video in return for payment
or for similar considerati on or for self-promotional
purposes. Forms of audiovisual commercial
communication include, inter alia , television advertising,
sponsorship, teleshoppi ng and product placement;";
(b) the definition "audiovisual media service" shall be
substituted by the following:
" "audiovisual media service" means:
(a) a service as defined by articles 56 and 57
of the Treaty on the Functioning of the European
Union, where the principal purpose of the service or a
dissociable section thereo f is devoted to providing
programmes, under the editorial responsibility of a
media service provider, to the general public, in order
to inform, entertain or educate, by means ofelectronic communications networks within the
meaning of point (a) of Article 2 of Directive 2002/
21/EC. Such an audiovisual media service is either atelevision broadcast or an on-demand audiovisual
media service;
(b) audiovisual commercial comm-
unication;";
(c) the definition "broadcasting" shall be deleted;
(d) the definition "Directive" shall be deleted and
immediately before the definiti on "editorial responsibility" th ere
shall be added the following new definition:
" "editorial decision" means a decision which is taken
on a regular basis for the pur pose of exercising editorial
responsibility and linked to the  day-to-day operation of the
audiovisual media service;";
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(e) immediately after the definition "European Union"
there shall be added the following new definition:
" "media literacy" refers  to skills, knowledge and
understanding that allow citizen s to use media effectively
and safely;";
(f) in the definition "media  service provider" for the
words "content of the audiovisual  media service" there shall be
substituted the words "content  of an audiovisual media service" ;
(g) the definition "on-demand audiovisual media
service" shall be substituted by the following:
" "on-demand audiovisual media service" means a
non-linear audiovisual media service provided by a media
service provider for the v iewing of programmes at the
moment chosen by the user and at his individual request on
the basis of a catalogue of programmes selected by themedia service provider;";
(h) immediately after the definition "on-demand
audiovisual media service", as substituted, there shall be adde d
the following new definition:
" "pop-up advertising" means all forms of
audiovisual commercial co mmunication that appears
superimposed on the audiovisual media service during the
television broadcast of the same service;"; 
(i) in the definition "product placement" immediately
after the words "featured within a programme" there shall beadded the words "or a user-generated video";
(j) the definition "programme" shall be substituted by
the following:
" "programme" means a set of moving images with or
without sound constituting an individual item, irrespective
of its length, within a sche dule or a catalogue established
by a media service provider, i ncluding feature-length films,
video clips, sports events, situation comedies,documentaries, children's programmes and original
drama;";
(k) the definition "sponsorsh ip" shall be substituted by
the following:
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" "sponsorship" means any contribution except
television advertising, teleshopping and product placement
made by public or private undertakings or natural personsnot engaged in providing audiovisual media services or
video-sharing platform s ervices or in producing
audiovisual works to the fi nancing of audiovisual media
services, video-sharing platform services, user-generatedvideos or programmes with a  view to promoting their
name, trademark, image, activities or products;";
(l) immediately after the definition "surreptitious
audiovisual commercial communi cation" there shall be added
the following new definitions:
" "television broadcasting"  or "television broadcast"
means a linear audiovisual media service provided by a
media service provider fo r simultaneous viewing of
programmes on the basis of a programme schedule; 
"thematic placement" m eans commercial product
placement through the integration of the product into the
theme, colloquium, dialogue or any other form of
integration into a television programme or part thereofsuch as the integration of a commercial product as a theme
in a drama series;"; 
(m) in the definition "the Treaty", for the words
"European Union Act." there sh all be substituted the words
"European Union Act;";
(n) immediately after the definition "the Treaty", as
amended, there shall be added the following new definitions:
" "user-generated video" means a set of moving
images with or without sound c onstituting an individual
item, irrespective of  its length, that is created by a user and
uploaded to a video-sharing platform by that user or any
other user;
"video-sharing platform provider" means the natural
or legal person who provides a video-sharing platformservice;
"video-sharing platform service" means a service as
defined by Articles 56 and 57 of the Treaty on theFunctioning of the European Union, where the principal
purpose of the service or of a  dissociable section thereof or
VERŻJONI ELETTRONIKA
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an essential functionality of the service is devoted to
providing programmes, user-generated videos, or both, to
the general public, for which the video-sharing platformprovider does not have editorial responsibility, in order to
inform, entertain or educate, by means of electronic
communications networks with in the meaning of point (a)
of Article 2 of Directive 2002/21/EC and the organisation
of which is determined by the video-sharing platform
provider, including by automatic means or algorithms in
particular by displaying, tagging and sequencing.".
Amendment of 
article 16H of 
the principal 
Act.5. Article 16H of the principal Act shall be amended as follows:
(a) paragraph (b) of sub-article (3) thereof shall be
substituted by the following:
"(b) if a media service provider has its head office in
Malta but editorial decisions on the audiovisual media
service are taken in another Member State, the media
service provider shall be dee med to be established in the
M e m b e r  S t a t e  w h e r e  a  s i g n i f i cant part of the workforce
involved in the pursuit o f the programme-related
audiovisual media service activity operates. If a significantpart of the workforce involved in the pursuit of the
programme-related audiovisu al media service activity
operates in each of those Member  States, the m edia service
provider shall be deemed to be established in the MemberState where it has its head office. If a significant part of th e
workforce involved in the pursuit of the programme-
related audiovisual media s ervice activity operates in
neither of those Member State s, the media service provider
shall be deemed to be established in the Member Statewhere it first began its activity in accordance with the law
of that Member State, provided that it maintains a stable
and effective link with t he economy of that Member
State;";
(b) immediately after sub-article (6) thereof there shall
be added the following new sub-articles:
"(7) Media service providers shall inform the
Authority about any changes that may affect thedetermination of jurisdic tion in accordance with sub-
articles (2), (3) and (4).
(8) The Authority shall establish and maintain an
up-to-date list of the media service providers under its
VERŻJONI ELETTRONIKA
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jurisdiction and indicate on whic h of the criteria set out in
sub-articles (2) to (5) its jurisdiction is based. The
Authority shall communicate  that list, including any
updates thereto, to the Minister.".
Substitution of 
article 16J of the 
principal Act.6. Article 16J of the principal act shall be substituted by the
following:
"16J. (1) A media service pr ovider shall make easily,
directly and permanently accessi ble to the recipients of a serv ice
at least the following information:
(a) its name;
(b) the geographical address at which it is
established;
(c) the details, includi ng its email address or
website, which allow it to be contacted rapidly in a direct
and effective manner;
(d) the Member State having jurisdiction over it
and the competent regulatory authorities or bodies orsupervisory bodies.
(2) The media service provider shall make accessible to
the Authority information concer ning its ownership structure,
including the beneficial owners. 
(3) Each directive and, or measure that the Authority
grants or takes for the purpose of the preceding sub-article sh all
be necessary and proportionate and  shall aim to respect the rig hts
and observe the principals reflected in the Charter ofFundamental Rights of the European Union.". 
Addition of new 
articles 16JA, 
16JB and 16JC to the principal 
Act.7. Immediately after article 16J of the principal Act there shall
be added the following new articles: 
"Protection of 
Minors.16JA. (1) Audiovisual media services provided
by media service providers which may impair the
physical, mental or moral development of minorsshall only be made available in such a way as to
ensure that minors will not normally hear or see
them. Such measures may include selecting the
time of the broadcast, age verification tools or other
technical measures. 
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(2) The most harmful content, such as
gratuitous violence and pornography, shall be
subject to the strictest measures.
(3) Personal data of minors collected or
otherwise generated by media service providers
pursuant to sub-article (1) shall not be processed for
commercial purposes, such as direct marketing,
profiling and behaviourally targeted advertising.
S.L. 350.18.(4) Media service providers shall provide
sufficient information to viewers about contentwhich may impair the phys ical, mental or moral
development of minors. For this purpose, media
service providers should follow the provisions of
the Requirements as to Standards and Practiceapplicable to the Family V iewing and Listening, in
particular as regards the operation of a systemdescribing the potentially harmful nature of thecontent of an audiovisual media service.
Accessibility 
for persons with 
disability.16JB.  (1) Media services provided by media
service providers shall,  without undue delay, by
means of a progressive and continuous process,
ensure that content is acc essible to persons with
disabilities by means of proportionate measures.
Media services should, by no later than six months
after the entry into force of this article, submit anaction plan detailing the measures adopted. This
action plan shall be u pdated by media service
providers at least once ever y two years, which period
shall start to run from the date on which the mediaservice provider submitted the action plan to the
Authority. In any case, the Authority may request themedia service provider to make changes to both the
action plan as well as the updates, if the Authority isof the opinion that these are  not effectively reflecting
the obligations provided for in this article.
(2) Media service providers shall, each year,
present a properly documented report to the
Authority giving an account of the progress made in
implementing the necessary  measures to give effect
to the provisions of the  preceding sub-article. 
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A 1067
Substitution of 
article 16K of 
the principal 
Act.8. Article 16K of the principal Act shall be substituted by the
following:(3) The Authority shall designate a single,
easily accessible and publicly available online point
of contact, even for persons with a disability, for
providing information and receiving complaints
regarding any accessibility issues referred to in thisarticle. These complaints are heard in accordance
with the procedure referred to in article 22A.
(4) Media service providers shall ensure that
emergency information, including public
communications and anno uncements in natural
disaster situations, which is made available to thepublic through audiovis ual media services, is
provided in a manner which is accessible to persons
with disabilities.
Required 
consent to changes in 
programmes or 
audiovisual 
media services.16JC.  (1) Programmes and, or audiovisual
media services should not be transmitted in a
shortened form, altered or i nterrupted, or overlaid for
commercial purposes, without  the explicit consent of
the media service provider:
Provided that this article would not effect
control elements of any user interface necessary for
the operation of the device or programme navigation,
such as volume bars, sear ch functions, navigation
menus or lists of channels.
(2) Sub-article (1) does no t apply to legitimate
overlays, such as warning information, generalpublic interest information, subtitles or commercial
communications overlays provided by the media
service provider.
(3) Without prejudice to Article 3(3) of
Regulation (EU) 2015/2120 of the European
Parliament and of the Council, data compressiontechniques which reduce the size of a data file and
other techniques to adapt a service to the
distribution means, such as resolution and coding,without any modification of the content, should not
be covered either.".
"
Provisions 
applicable to 
audiovisual 
commercial communications.16K. (1) Audiovisual commercial
communications provided by media service
providers shall comply with the following
requirements:
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(a) audiovisual commercial
communications shall be readily
recognisable as suc h; surreptitious
audiovisual commercial communicationshall be prohibited;
(b) audiovisual commercial
communications shall  not use subliminal
techniques;
(c) audiovisual commercial
communications shall not:
(i) prejudice respect for
human dignity;
(ii) include or promote any
discrimination based on sex, racial orethnic origin, nationality, religion orbelief, disability, age or sexual
orientation;
(iii) encourage behaviour
prejudicial to health or safety;
(iv) encourage behaviour
grossly prejudicial to the protection of
the environment.
(2) All forms of audiovisual commercial
communications for cigarettes and other tobaccoproducts, as well as for e lectronic cigarettes and
refill containers shall be prohibited.
(3) Audiovisual commercial communications
for alcoholic beverages shall not be aimedspecifically at minors and shall not encourageimmoderate consumption of such beverages.
(4) Audiovisual commercial communications
for medicinal products and medical treatment
available only on prescription shall be prohibited.
(5) Audiovisual commercial communications
shall not cause physical, mental or moral detriment
to minors; therefore, they shall not directly exhortminors to buy or hire a product or service by
exploiting their inexperience or credulity, directly
encourage them to persuade their parents or othersto purchase the goods or se rvices being advertised,
exploit the special trust minors place in parents,teachers or other pers ons, or unreasonably show
minors in dangerous situations.
VERŻJONI ELETTRONIKA
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Cap. 550.(6) Broadcasting of all forms of audiovisual
commercial communications on food and
beverage brands and products containing nutrients
and substances with a nutritional or physiological
effect, in particular fat, trans-fatty acids, salt or
sodium and sugars, the type of products known as
‘High in Fat Sugar and Sa lt (HFSS)’, is prohibited
immediately before or during or immediately after
children’s programmes. For the purpose of
classifying these products, audiovisual media
service providers should f ollow regulations on the
marketing of products that may have adverse
effects on healthy lifestyles, that may be adoptedin accordance with article 6 of the Healthy
Lifestyle Promotion and Care of Non-
Communicable Diseases Act. 
(7) The broadcasting of all forms of
audiovisual commercial communicationsregarding products whic h are not suitable for
children or which children in general cannotreasonably be expected to buy or attempt to buy, isprohibited immediately before, during and
immediately after children’s programmes. 
(8) Audiovisual commercial communications
for alcoholic be verages in audiovisual media
services shall comply with the following: 
(a) they shall not be aimed
specifically at minors or , in particular, depict
minors acquiring or consuming suchbeverage;
(b) they shall not link the
consumption of alcohol to enhanced physical
performance or to driving;
(c) they shall not create the
impression that the c onsumption of alcohol
contributes towards social or sexual success;
(d) they shall not claim that alcohol
has therapeutic qualities or that it is a
stimulant, or sedative, or a means of
resolving personal conflicts;
(e) they shall not encourage
immoderate consumption of alcohol orpresent abstinence therefrom or moderation
therein in a negative light;
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Amendment of 
article 16L of 
the principal Act.9. Article 16L of the principal Act shall be amended as follows:
(a) sub-article (2) thereof shall be substituted by the
following: 
"(2) Audiovisual media services or programmes
shall not be sponsored by undertakings whose principal
activity is the manufacture or sale of cigarettes and other
tobacco products, as well as ele ctronic cigarettes and refill
containers.";
(b) sub-article (4) thereof shall be substituted by the
following: 
"(4) News, current affairs programmes and
programmes or religious servi ces shall not be sponsored.
Pop-up advertising during news and religious programmes
or services is prohibited.".
Substitution of 
article 16M of 
the principal Act.10. Article 16M of the principal Act shall be substituted by the
following:(f) they shall not place emphasis on
high alcoholic content as being a positive
quality of the beverage.". 
"The 
inclusion of 
product placement.16M. (1) This article shall apply only to
programmes produced after 19 December 2009.
(2) Commercial product placement shall be
allowed in all audiovisua l media services, except
in news and current affairs programmes, in
consumer affairs pro grammes, in religious
programmes and services and in children's
programmes.
(3) Programmes that contain product
placement shall meet the  following requirements:
(a) their content and organisation
within a schedule, in the case of television
broadcasting, or within a catalogue in thecase of on-demand audiovisual media
services, shall under no circumstances be
influenced in such a way as to affect theresponsibility and editorial independence of
the media service provider;
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(b) they shall not directly encourage
the purchase or rental of goods or services, in
particular by making special promotional
references to those goods or services;
(c) they shall not include undue
thematic placement of commercial products;
(d) they shall not give undue
prominence to the product in question;
(e) viewers shall be clearly
informed of the existence of product
placement by an appropriate identification
at the start and at the end of the programme
and when a programme resumes after anadvertising break, in order to avoid any
confusion on the part of the viewer.
(4) In any event, programmes shall not
contain product placement of:
(a) cigarettes and other tobacco
products, as well as electronic cigarettes
and refill containers, or product placementfrom undertakings whose principal activity
is the manufacture or sale of those products;
(b) specific medicinal products or
medical treatments available only on
prescription;
Cap. 270.(c) tattoo drawing as defined in the
Control of Tattooing Act, which is
broadcast between 6.00 a.m. and 9.00 p.m.;
(d) alcoholic drinks of more than
1.2%  alcohol which are broadcast between
6.00 a.m. and 9.00 p.m.;
(e) gambling products which are
broadcast between 6.00 a.m. and 7.00 p.m.,infant formula and weapons and munitions:
Provided that notwithstanding the
above, gambling products  which are strictly
related to a sporting event may be
advertised on such programme throughout
the duration of such event, subject to suchrestrictions and conditi ons as the Authority
and, or the Malta Gaming Authority mayimpose thereon:
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Addition of new 
article 16MA to 
the principal 
Act.11. Immediately after article 16M of the principal Act, as
substituted, there s hall be added the following new article:S.L. 583. 04Provided further that notwithstanding
the first proviso hereof, if the Authority
deems that, in the interest of public health
and, or for the protection of minors and, or
vulnerable persons as provided for in theGaming Definitions Regulations, the
advertising envisaged in the first proviso
hereof shall not occur, it may restrict and, orprohibit such advertising as it deems fit in
its sole discretion.".
"
Media 
Literacy.16MA.  (1) The Minister, in consultation with
the Authority, shall appoint a Board to be referred
to as the "Media Literacy Development Board"
consisting of not less than ten members including
a number of media experts and chaired by aChairperson so appointed by the Minister so that,
after consultation and assistance from the
Authority and other governmental entities, drawup a plan, promote and take all the necessary
measures for the development of media literacy
skills. The members of the Board shall holdoffice for a period of three years and each
member may be substituted at the discretion of
the Minister.
(2) The Board referred to in this article shall,
amongst others, ensure that measures are preparedand implemented to enable citizens to have
advanced media literacy skills and to have access
to information in order to use, assess and create
media content responsibly and securely.
(3) The Board referred to in this article shall
ascertain that measures taken are not limited to
learning about tools and technologies, but shouldaim to equip citizens with fostering critical
reflection necessary for the exercise of their own
faculty of judgment, analyze complex realities anddistinguish the difference between opinion and
facts.
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Deletion of the 
heading "Part 
IIIC" of the 
principal Act.12. The heading "Part IIIC – Provisions Applicable to On-
Demand Audiovisual Media Services", which immediately precedes
article 16N of the principal Act, shall be deleted. 
Substitution of 
article 16N of 
the principal 
Act.13. Article 16N of the principal Act shall be substituted by the
following:
Substitution of article 16O of 
the principal 
Act.14. Article 16O of the principal Act shall be substituted by the
following:(4) This Board shall submit an annual report
to the Minister on the implementation of the
provisions of this article and shall assist the
Minister so that by the 19th December 2022 and
every three years thereafter, a report on thisimplementation is drawn up and submitted to the
Commission. 
(5) The Minister shall ensure that this Board
has at its disposal all the resources necessary for
the effective implementation of the provisions of
this article and shall also determine the
remuneration of its members.". 
"
European 
Works. 16N.  (1) Providers of on-demand
audiovisual media services that fall under Maltese
jurisdiction should ensure that their catalogues
contain at least a minimum share of 30% ofEuropean works and that they are given sufficient
prominence.
(2) The obligations relating to the promotion
of European works do not apply for media service
providers with a low turnover or low audience.
(3) The Authority may waive such obligations
or requirements referred t o in this article where it
would be impracticable or unjustified by reason of
the nature or theme of the audiovisual media
services.". 
VERŻJONI ELETTRONIKA
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"Obligations 
of on-demand 
audiovisual 
media service 
providers.16O. (1) A provider of media services who
intends to provide an on-demand audiovisual
media service shall, before doing so, notify the
Authority’s Chairman by means of a written
request in the form of a letter. A media serviceprovider providing an on-demand service before
the date of entry into force of this article shall
notify the Authority by means of a written
request in the form of a letter addressed to the
Chairman of the Authority, within one monthfrom date of entry of this article.
(2) The notification shall contain the
following information:
(a) in the case of a natural
person, the name, surname and address,
identity card number, passport number or
any other identification document as maybe accepted by the Authority; 
(b) in the case of a legal person,
the name and address of the company and
of the registered office. 
(3) Any person, whether natural or legal,
shall provide the  Authority with: 
Cap. 579.(a) the name and surname of the
registered editor as contained in the
Media and Defamation Act;
(b) his mobile number;
(c) his landline number;
(d) his email address.
(4) When the Authority is notified in
accordance with sub-article (1), the person
concerned shall be deemed to be authorised to
provide an on-demand audiovisual media
service, subject to such conditions as may be
imposed in accordance with this Part.
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Addition of new 
article 16Q to 
the principal 
Act.15. Immediately after article 16P of  the principal Act there shall
be added the following new article:(5) The Authority may, by order in the
Gazette, amend the conditions mentioned in
sub-article (4). Any such amendment may only
be made in objectively justified cases and in a
proportionate manner. The Authority, beforemaking any such amendment to the said
conditions, shall give notice of its intention in
such manner as it considers appropriate,inviting interested parties to make
representations on the proposed amendments
within such period of not less that thirty days as
may be specified in th e notice. The Authority
may, in circumstances wh ich it considers to be
exceptional, shorten such period. 
(6) An audiovisual media service provider
that provides an on-demand audiovisual mediaservice should ensure that adequate measures
are in place to prevent minors from accessingcontent that could se riously impair their
physical, mental or moral development.
(7) Audiovisual media services provided
by audiovisual media service providers shallnot include any:
(a) incitement to violence or
hatred directed against a group or amember of a group on any of the grounds
referred to in Article 21 of the Charter of
Fundamental Rights of the EuropeanUnion;
(b) public provocation to commit
a terrorist offence as determined in
accordance with Article 5 of Directive
(EU) 2017/541.
(8) Every directive and, or measure that
the Authority gives or takes for the purpose ofthe preceding sub-article shall be necessary and
proportionate and shall aim to respect the rights
and observe the principals reflected in theCharter of Fundamental Rights of the European
Union.".
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A 1076
Addition of new 
heading after article 16Q.16. Immediately after article 16Q, as added, there shall be added
the following new heading:
"Part III C – Provisions Applicable for Video-Sharing
Platform Services".
Addition of new articles 16R and 
16S to the 
principal Act. 17. Immediately after the new he ading "Part III C – Provisions
Applicable for Video-Sharing Platform Services",  as added, ther e shall
be added the followi ng new articles:"The use of 
co-regulation and self-
regulation.16Q. The media service providers, video-
sharing platform service providers or
organisations representing them, in cooperation,
as necessary, with other sectors such as industry,
trade, professional and consumer associations ororganisations are encouraged to embrace the use
of co-regulation and the fostering of self-
regulation through codes of conduct adopted on a
national level in the fields coordinated by the
Council Directive up to its limit. These codesshall:
(a) be such that they are broadly
accepted by the mai n stakeholders;
(b) clearly and unambiguously set
out their objectives;
(c) provide for regular, transparent
and independent monitoring and evaluation
of the achievement of the objectives aimed
at; and
(d) provide for effective
enforcement including effective andproportionate sanctions.".
"
Obligations 
of video-
sharing 
platform 
providers.Cap. 426.16R. (1) A video-sharing platform provider
established in the territory of Malta within the
meaning of article 8A and the other provisions of
the Electronic Commerce Ac t and Article 3(1) of
Directive 2000/31/EC shall fall under the
jurisdiction of Malta. 
(2) A video-sharing platform provider which
is not established on Maltese territory pursuant to
the preceding sub-article shall be deemed to beestablished on the territ ory of a Member State if
that video-sharing platform provider:
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(a) has a parent undertaking or a
subsidiary undertaking that is established in
the territory of that Member State; or
(b) is part of a group and another
undertaking of that group is established in
the territory of that Member State.
(3) For the purposes of this article: 
"parent undertaking" means an
undertaking which controls one or moresubsidiary undertakings; 
"subsidiary undertaking" means an
undertaking controlled by a parent
undertaking, including any subsidiary
undertaking of an ultimate parent
undertaking; 
"group" means a parent undertaking,
all its subsidiary undertakings and all otherundertakings having economic and legal
organisational links to them.
(4) For the purposes of applying sub-article
(2), where the parent u ndertaking, the subsidiary
undertaking or the other undertakings of the group
are each established in different Member States,
the video-sharing platform provider shall be
deemed to be established in the Member Statewhere its parent undertaking is established or, in
the absence of such an establishment, in the
Member State where its subsidiary undertaking isestablished or, in the absence of such an
establishment, in the Member State where the
other undertaking of the group is established.
(5) For the purposes of applying sub-article
(3), where there are several subsidiaryundertakings and each of them is established in a
different Member State, the video-sharing
platform provider shall be deemed to beestablished in the Member State where one of the
subsidiary undertakings first began its activity,
provided that it maintains a stable and effectivelink with the economy of that Member State.
VERŻJONI ELETTRONIKA
A 1078
 Where there are several other undertakings
which are part of the group and each of them is
established in a different Member State, the
video-sharing platform provider shall be deemed
to be established in the Member State where oneof these undertakings fir st began its activity,
provided that it maintains a stable and effectivelink with the economy of t hat Member State.
Cap. 426.(6) Articles 8A, 19, 20, 21 and 22 of the
Electronic Commerce Act and Articles 3 and 12 to
15, both articles incl uded, of Directive 2000/31/
EC shall apply to vid eo-sharing platform
providers deemed to be established in a MemberState in accordance with sub-article (2).
(7) A video-sharing platform provider
established or deemed to be established in Malta
shall notify the Authority in writing by means of aletter addressed to the Chairman of the Authority,
which notification shall include: 
(a) in the case of a natural person,
the name, surname a nd address, identity
card number, passport number or any other
identification document as may be accepted
by the Authority;
(b) in the case of a legal person, the
name and address of t he company and of the
registered office.
(8) The Authority shall establish and
maintain an up-to-date list of the video-sharing
platform providers established or deemed to be
established in Malta and indicate on which of the
criteria set out in the pr eceding sub-articles their
jurisdiction is based. The Authority is entitled to
declare, ex officio, a video-sharing platform
provider as an establish ed provider in Malta. 
Measures to 
protect 
minors 
applicable to video-
sharing 
platform 
providers.
Cap. 426.16S. (1) Without prejudice to articles 19, 20,
21 and 22 of the Electronic Commerce Act and
Articles 12 to 15 of Directive 2000/31/EC, video-
sharing platform providers u nder the jurisdiction of
Malta shall take the neces sary measures to protect:
(a) minors from programmes, user-
generated videos and a udiovisual commercial
communications which may impair theirphysical, mental or moral development in
accordance with article 16JA; 
VERŻJONI ELETTRONIKA
A 1079
(b) the general public from
programmes, user-generated videos and
audiovisual commercial communications
containing incitement to violence or hatred
directed against a group of persons or amember of a group based on any of the
grounds referred to in Article 21 of the
Charter of Fundamental Rights of theEuropean Union;
Cap. 9.(c) the general public from
programmes, user-generated videos andaudiovisual commercial communicationscontaining content the dissemination of
which constitutes an activity which is a
criminal offence under Union law, namelypublic provocation to commit a terrorist
offence as set out in Article 5 of Directive
(EU) 2017/541 and in Book First, Part II,
Title IX, Sub-title IV A of the Criminal
Code, offences concerning child
pornography as set out in Article 5(4) ofDirective 2011/93/EU and in Book First,
Part II, Title VII, Sub- title II of t he Criminal
Code and offences concerning racism and
xenophobia as set out in Article 1 of
Framework Decision 2008/913/JHA and as
also provided for in articles 83B and 83C ofthe Criminal Code. 
(2) Video-sharing platform providers under
the jurisdiction of Malta shall comply with the
requirements set out in article 16K with respect to
audiovisual commercial communications that aremarketed, sold or arranged from the video-sharing
platform providers.
(3) Video-sharing platform providers under
the jurisdiction of Malta shall take the appropriate
measures to comply with the requirements set outin article 16K with respect to audiovisual
commercial communications  that are not marketed,
sold or arranged by those video-sharing platform
providers, taking into account the limited control
exercised by those video-sharing platforms over
those audiovisual comme rcial communications.
VERŻJONI ELETTRONIKA
A 1080
(4) Video-sharing platform providers shall
clearly inform users wher e programmes and user-
generated videos contain audiovisual commercial
communications, provided that such
communications are declared under paragraph (c)of sub-article (6) or the provider has knowledge of
that fact. 
(5) The Authority shall encourage the use of
co-regulation and the fost ering of self-regulation
through codes of conduct as provided for in article16Q aiming at effectively reducing the exposure of
children to audiovisual commercialcommunications for foods and beverages
containing nutrients and substances with a
nutritional or physiological effect, in particular fat,trans-fatty acids, salt or sodium and sugars, of
which excessive intakes in the overall diet are not
recommended. Those code s shall aim to provide
that such audiovisual commercial communications
do not emphasise the positive quality of the
nutritional aspects of such foods and beverages. 
(6) For the purposes of sub-articles (1) to (3),
the appropriate measures sh all be determined in the
light of the nature of the content in question, the
harm it may cause, the characteristics of the
category of persons to be protected as well as the
rights and legitimate interests at stake, including
those of the video-sharing platform providers and
the users having created or uploaded the content aswell as the general public interest. Those measures
shall consist of, as appropriate:
(a) including and applying in the
terms and conditions of the video-sharing
platform services the requirements referredto in sub-article (1);
(b) including and applying in the
terms and conditions of the video-sharing
platform services the requirements set out in
article 16K for audiovisual commercialcommunications that are not marketed, sold
or arranged by the video-sharing platform
providers; 
VERŻJONI ELETTRONIKA
A 1081
(c) having a functionality for users
who upload user-generated videos to declare
whether, as far as they know or can be
reasonably expected to know, such videos
contain audiovisual commercialcommunications;
(d) establishing and operating
transparent and user-friendly mechanisms
for users of a video-sharing platform to
report or flag to the video-sharing platform
provider concerned the content referred to in
sub-article (1) provided on its platform; 
(e) establishing and operating
systems through which video-sharingplatform providers explain to users of video-
sharing platforms what effect has been given
to the reporting and flagging referred to inparagraph (d); 
(f) establishing and operating age
verification systems for users of video-
sharing platforms with respect to content
which may impair the physical, mental ormoral development of minors; 
(g) establishing and operating easy-
to-use systems allowing users of video-
sharing platforms to rate the content referred
to in sub-article (1); 
(h) providing for parental control
systems that are under the control of theend-user with respect to content which may
impair the physical, mental or moral
development of minors; 
(i) establishing and operating
transparent, easy-to-use and effectiveprocedures for the handling and resolution of
users' complaints to the video-sharing
platform provider in relation to theimplementation of the measures referred to in
paragraphs (d) to (h); 
(j) providing for effective media
literacy measures and tools and raising users'
awareness of those measures and tools.
VERŻJONI ELETTRONIKA
A 1082
Addition of new 
article 22A to 
the principal 
Act.18. Immediately after article 22 of the principal Act there shall be(7) Personal data of minors collected or
otherwise generated by video-sharing platform
providers pursuant to sub-articles 6(f) and 6(h)
shall not be processed for commercial purposes,
such as direct marketing, profiling andbehaviourally targeted advertising.
(8) For the purposes of the protection of
minors provided for in sub- article (1)(a), the most
harmful content shall be subject to the strictestaccess control measures.
(9) The Authority shall ensure that all video-
sharing platform provide rs under its jurisdiction
apply such measures. Those measures shall bepracticable and proportionate, taking into accountthe size of the video-sharing platform service and
the nature of the service that is provided. Those
measures shall not lead to any ex-ante  control
measures or upload-filtering of content which donot comply with Article 15 of Directive 2000/31/
EC. 
(10) The Authority shall assess the
appropriateness of the measures referred to insub-article (3) taken by video-sharing platform
providers and has the right to issue all directives
which it considers necessary or expedient for theproper execution referred to in this article. 
(11) In case of disputes arising between users
and video-sharing platform providers relating to
the application of the provi sions of this article, the
provisions on the investigat ion of complaints shall
apply in accordance with article 21A: 
Provided that this shall not deprive the
rights of the user to have recourse to any othermeans that may offer legal protection including, if
necessary, recourse to the Courts of ordinaryjurisdiction and Courts of Constitutional
jurisdiction where thi s is permitted by law.". 
VERŻJONI ELETTRONIKA
A 1083
added the following new article:
"Complaints 
regarding 
accessibility. 22A. (1) Third parties wishing to complain
to the Authority about any accessibility issue as
provided for in article 16JB shall submit their
complaint in writing to the  Chief Executive of the
Authority or by registering their complaint
electronically through the Authority’s website.
(2) The Chief Executive shall investigate the
complaint by ensuring that the audiovisual mediaservice provider followed the action plan laiddown in article 16JB(1).
(3) The Chief Executive shall forward the
complaint to the audiovisual media service
provider and fix a short and peremptory time-limit
for the audiovisual media service provider tosubmit a written reply to the complaint. The reply
shall be accompanied by any documents that the
audiovisual media service  provider deems relevant
to the case.
(4) Upon expiry of the time-limit established
in accordance with the preceding sub-article, the
Chief Executive shall determine whether the
complaint is prima facie justified. 
(5) In the event that the Chief Executive is
of the opinion that the complaint is prima facie
justified, he shall inform the audiovisual mediaservice provider in writing of the deficiencies
found and shall in the same communicationestablish a reasonable time for the audiovisual
media service provider to comply with the action
plan submitted by him in accordance with article16JB. A copy of this communication shall be sent
to the complaining third party. 
(6) In the event that the audiovisual media
service provider fails to comply with the action
plan within the set time-limit, the Chief Executiveshall report on this failure to the Chairperson and
the members of the Authority. After taking into
account all of the circumstances, the Authoritymay decide to issue a di rective to the audiovisual
media service provider to comply with the actionplan in terms of article 15.".
VERŻJONI ELETTRONIKA
A 1084
Amendment of 
the Third Schedule to the 
principal Act.19. The Third Schedule to the principal Act shall be amended as
follows:
(a) paragraph 6 thereof shall be substituted by the
following:
"6. Isolated television advertising and teleshopping
spots shall be admissible in sports events. Isolated
television advertising and teleshopping spots, other than in
transmissions of sports e vents, shall remain the
exception.";
(b) paragraph 11 thereof shall be substituted by the
following:
"11. The transmission of films made for television
(excluding series, serials and documentaries),cinematographic works and news programmes may be
interrupted by television adve rtising, teleshopping, or both,
once for each scheduled period of at least 30 minutes."; 
(c) paragraph 15 thereof shall be substituted by the
following:
"15. The proportion of televis ion advertising spots
and teleshopping spots within  the period between 6.00 a.m.
and 6.00 p.m. shall not exceed  20% of that period. The
proportion of television advertising spots and teleshopping
spots within the period between 6.00 p.m. and 12.00 a.m.
shall not exceed 20% of that period."; 
(d) paragraph 16 thereof shall be substituted by the
following:
"16. Paragraph 15 shall not apply to:
(a) announcements made by the broadcaster
in connection with its own p rogrammes and ancillary
products directly derived from those programmes or
with programmes and a udiovisual media services
from other entities belonging to the same
broadcasting group; 
(b) sponsorship announcements; 
(c) product placements; 
VERŻJONI ELETTRONIKA
A 1085
(d) neutral frames betw een editorial content
and television advertisi ng or teleshopping spots, and
between individual spots.";
(e) paragraph 35 thereof shall be substituted by the
following:
"35. (1) Teleshopping spots may not be broadcast
before or after children’s programmes. 
(2) The transmission of children's programmes
may be interrupted by television advertising once for each
scheduled period of at least 30 minutes, provided that the
scheduled duration of the programme is greater than 30minutes. The transmission of teleshopping shall be
prohibited during children's programmes. No television
advertising or teleshopping shall be inserted during
religious services.".
Substitution of 
the Fifth 
Schedule to the principal Act. 20. The Fifth Schedule to t he principal Act shall be substituted by
the following:
"FIFTH SCHEDULE
[Article 41(1)]
OFFENCES WHICH ARE C OGNIZABLE BY THE 
BROADCASTING AUTHORITY
FIRST COLUMN SECOND COLUMN THIRD COLUMN
Provision Penalty  Reduced Penalty
Article 10(6)(a) 1,160 930
Article 10(7) 460 350
Article 10(8) 230 170
Article 10(10) 1,160 930
Article 13(2)(a) 1,160 930
Article 13(2)(b) 1,160 930
Article 13(2)(c) 1,160 930
Article 13(2)(d) 1,160 930
Article 13(2)(e) 1,160 930
Article 13(2)(f) 1,160 930
Article 13(3) 230 170
Article 15 4,660 4,190
Article 16 2,330 1,750
Article 16(2) 1,160 930
Article 16B (2) 1,160 930
VERŻJONI ELETTRONIKA
A 1086
Article 16C (2) 1,160 930
Article 16C (3) 1,160 930
Article 16E 1,160 930
Article 16F 1,160 930
Article 16H(1) 2,230  1,750
Article 16H(7) 2,330 1,750
Article 16J 2,330 1,750
Article 16JA 1,160 930
Article 16JB 1,160 930
Article 16JC 1,160 930
Article 16K 2,330 1,750
Article 16L 2,330 1,750
Article 16M 2,330 1,750
Article 16N 2,330 1,750
Article 16O 2,330 1,750
Article 16Q 2,330 1,750
Article 16AA 34,950 23,300
Article 16AB 34,950 23,300
Article 18(3) 2,330 1,750
Article 18(4) 2,330 1,750
Article 19(1) 2,330 1,750
Article 19(3) 2,330 1,750
Article 19(4) 2,330 1,750
Article 19(5) 2,330 1,750
Article 19(6) 2,330 1,750
Article 19(7) 2,330 1,750
Article 19(11)(a) 2,330 1,750
Article 19(11)(b) 2,330 1,750
Article 19(11)(c) 2,330 1,750
Article 20(1)(a) & (2) 2,330 1,750
Article 20(1)(b) & (2) 2,330 1,750
Article 20(3) 2,330 1,750
Article 20(4) 2,330 1,750
Article 21(l)(a) 1,750 1,280
Article 21(l)(b) 1,750 1,280
Article 21(2) 1,750 1,280
Article 21(3)(a) 1,750 1,280
Article 21(3)(b) 1,750 1,280
Article 21A(4) 470 350
Article 22(1) 2,330 1,750
Article 22(2) 2,330 1,750
Article 23(1) 1,160 930
Article 23(2) 1,750 1,280
VERŻJONI ELETTRONIKA
A 1087
  Article 23(3)(a) 1,750 1,280
Article 23(3)(b) 1,750 1,280
Article 23(4)(a) 1,750 1,280
Article 23(4)(b) 1,750 1,280
Article 23(4)(c) 1,750 1,280
Article 23(5) 1,750 1,280
Article 23(6) 1,750 1,280
Article 23(7) 1,750 1,280
Article 34(1)(a) 1,750 1,280
Article 34(1)(b) 1,750 1,280
Article 40(1) 2,330 1,750
First Schedule - for any violation of any of the
sub-paragraphs of paragraphs 1, 2 and 3 of the
said Schedule 1,160 930 
Third Schedule - for any violation of any of the
paragraphs of the said Schedule 1,160 930 
Fourth Schedule - for not installing or for not
using a delay mechanism during phone-inprogrammes 1,160 930 
Advertising, Sponsorship and Teleshopping
(Protection of Consumers ’ Interest) (Television
Broadcasting Injunction) Order 34,950 23,300
Regulations 5 and 6 of the European
Broadcasting Cooperation Regulations - S.L. 350.04 34,950 23,300
Requirements as to S tandards and Practice
applicable to News Bulletins and Current AffairsProgrammes - S.L. 350.14
Section 1 1,750 1,280
Section 2 1,750 1,280Section 3 1,160 930
Section 4 1,750 1,280
Section 5 1,750 1,280Section 6 470 350
Section 7 1,160 930
Section 8 1,160 930
Section 9 1,750 1,280
Section 10 1,160 930Section 11 1,160 930
Section 12 1,750 1,280
VERŻJONI ELETTRONIKA
A 1088
Section 13 1,160 930
Section 14 1,160 930
Section 15 1,160 930
Section 16 1,750 1,280
Requirements as to Standards and Practice
applicable to Participa tion in Media Programmes
of Vulnerable Persons - S.L. 350.15 2,330 1,750
Requirements as to Standards and Practice
applicable to the Coverage of Tragedies in
Broadcasting - S.L. 350.16 2,330 1,750
Requirements as to Standards and Practice
applicable to Disability and its Portrayal in the
Broadcasting Media - S.L. 350.17 2,330 1,750
Requirements as to Standards and Practice
applicable to the Family Viewing and Listening -
S.L. 350.18 1,160 930 
Requirements as to Standards and Practice
applicable to Phone-in Programmes aired on the
Broadcasting Media - S.L. 350.19 1,160 930 
Requirements as to Standards and Practice
applicable to Crawls and Captions in Television
Programmes - S.L. 350.20 1,160 930 
Requirements as to Standards and Practice
applicable to various types of Polls broadcast onRadio and Television Services - S.L. 350.2 1 1,160 930
Requirements as to Standards and Practice
applicable to the Conduct of Competitions and
the Award of Prizes - S. L. 350.22 1,160 930
Requirements and Methods of Advertising
applicable to Tattoo Advertising -S.L. 350.23 1,160 930
Requirements and Methods of Advertising
applicable to Alcoholic Drink Advertising,
Sponsorship and Teleshopping - S.L. 350.24 1,160 930
Requirements and Methods of Advertising
applicable to Gambli ng Advertisements - 
S.L. 350.25 1,160 930
Requirements as to Standards and Practice
applicable to the Promotion of Racial Equality -
S.L. 350.26 1,160 930
Requirements as to Standards and Practice
applicable to the Price of Telephone Calls and
SMSs in the Broadcasting Medi a - S.L. 350.27 1,160 930
VERŻJONI ELETTRONIKA
A 1089
  1. The Authority may inflict on any person who has violated a ny
of the provisions listed in the First Column of this Schedule t he
corresponding penalty l isted in the Second Column of this Sched ule:
provided that where the Authority is of the opinion from the
circumstances of the case that the gravity of the offence is on e which
warrants the imposition of a hig her penalty, the Authority may award a
penalty which is not in excess of the amount established in fir st
proviso to article 41(4)(c ) and article 16D(3). 
2. Where any person who is serve d with a notice in terms of
article 41 elects to pay the penalty without contestation, he s hall be
liable to pay the penalty indicat ed in the Third Column of this
Schedule. 
3. In the case of a second or subsequent violation of any
provision of this Schedule, the p enalties listed in the Second and Third
Columns of this Schedule shall be  increased by twenty percent f or
each and every subse quent violation.".
Transitory and saving provisions.
Act No. LVI of 
2020.1. Nothing shall invalidate any procedure whether written or or al
which may have been made before the coming into force of the Fi fth
Schedule to the Broadcasting Act as substituted by article 20 of the
Broadcasting (Amendment) Act, 202 0 and which was valid accordin g
to the law as in force on the date when made.
2. Without prejudice to any charges issued by the Chief
Executive in terms of article 41 referring to the Fifth Schedul e to the
Broadcasting Act, any procedure made by virtue or under theprovisions of that article and said Schedule shall remain valid  in the
same manner as if it were done under the provisions of that art icle and
the Schedule.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 andDirections applicable to Medicinal Products and
Treatments - S.L. 350.30 1,160 930
Requirements as to Standards and Practice as to
Advertisements, Method of Advertising and
Directions on Public Collections on theBroadcasting Media - S.L.350.31 1,160 930
VERŻJONI ELETTRONIKA
A 1090
Act No. LVI of 
2020.3. Any charge issued by the Chief Executive in terms of article
41 referring to the Fifth Schedule of this Act which has not be en
admitted to by the person agains t whom the charge has been issu ed or
which has not been disposed of definitively by the Authority sh all
continue to be regulated by the Fifth Schedule as in force at t he time
prior to the said date of entry into force of the Broadcasting
(Amendment) Act, 2020.".
Passed by the House of Representatives at Sitting No. 407 of th e
2nd December, 2020.
ANĠLU FARRUGIA
Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
VERŻJONI ELETTRONIKA
VERŻJONI ELETTRONIKA
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