Malta

[MT] Transposition of the AVMS Directive

IRIS 2009-1:1/27

Kevin Aquilina

Faculty of Laws, University of Malta

Malta has begun the process of transposing the Audiovisual Media Services Directive (AVMS) into Maltese Law. This process began on 20 November 2007, with a conference for stakeholders organised by the Malta Forum in Europe, in collaboration with TAIEX and the Media Desk of the Ministry for Tourism and Culture. The conference was entitled “The New Media Landscape: Audiovisual Media Services Without Frontiers”.

On 3 September 2008, the Minister responsible for broadcasting appointed a Working Group on the AVMS Directive with the following terms of reference:

- to carry out legal gap analysis in order to establish which provisions of Maltese law need to be amended or substituted and to propose how they can be amended or substituted;

- to advise Government on a suitable entity for the regulation of the content of non-linear media in terms of the Directive;

- to advise Government on all the aspects of the AVMS Directive which, in one way or another, impact on the local media scene. These aspects include the non-obligatory provisions of the Directive;

- to thoroughly consult the public and all interested stakeholders prior to reaching its conclusions and making its recommendations.

The Working Group has already issued a Consultation Document on the transposition of the Directive and has invited comments from stakeholders. The closing date for the receipt of written submissions expired on 5 November 2008. The Working Group is currently studying the submissions received and will be drawing up a report, as well as a draft bill to amend the Broadcasting Act and seven subsidiary laws. These will be directed at amending the regulations enacted under the Broadcasting Act by bringing them into line with the new AVMS Directive.

After the Working Group concludes its task, it will report back to the Minister, who will then have to consider the Committee’s report, discuss it in Cabinet and bring the bill before in the House of Representatives. Once Parliament enacts the law in question, the subsidiary laws will be drafted. The proposed timeframe envisions bringing the amending law and subsidiary legislation into force by 1 October 2009, to coincide with the commencement of the autumn schedule. In this way, Malta’s obligations under the AVMS Directive will be fulfilled.