Malta

[MT] Malta Transposes the AVMS Directive

IRIS 2010-7:1/29

Kevin Aquilina

Faculty of Laws, University of Malta

On 1 June 2010, the European Union Audiovisual Media Services (AVMS) Directive was transposed in its entirety into Maltese law. This was done through eight different pieces of legislation.

The Broadcasting (Amendment) Act, 2010 - Act No. IV of 2010 - was enacted by Parliament and published in the Malta Government Gazette of 4 June 2010. This law entered into force on 1 June 2010 in accordance with Legal Notice 320 of 2010, the Commencement Notice of the Broadcasting (Amendment) Act.

Whilst Act No. IV of 2010 transposed several of the AVMS Directive’s rules, certain other provisions of the Directive had to be transposed through subsidiary legislation, as it was with such subsidiary legislation that the EU Television without Frontiers Directive had been implemented.

Hence, Legal Notice 321 of 2010 replaced the relevant provisions in the Code for Advertisements, Teleshopping and Sponsorship with the new rules of the AVMS Directive.

Legal Notice 322 of 2010 substituted the Fifth Schedule of the Broadcasting Act for a new Schedule. The Fifth Schedule sets out the administrative penalties to be inflicted by the Broadcasting Authority when there is a breach of the provisions of the Broadcasting Act and subsidiary legislation made thereunder including, of course, the provisions of the AVMS Directive as transposed both in the Broadcasting Act and the said subsidiary legislation.

Legal Notice 323 of 2010 amended the Broadcasting Jurisdiction and European Co-operation Regulations.

Legal Notice 324 of 2010 updated the Broadcasting (Short News Reporting) Regulations. Malta already had regulations on short news reporting based on the Council of Europe’s Transfrontier Television Convention. Now these regulations have been updated to be brought into compliance with the AVMS Directive.

Legal Notice 325 of 2010 has amended the Broadcasting Code for the Protection of Minors to bring it into line with the AVMS Directive.

Legal Notice 326 of 2010 has amended the enforcement powers of the Broadcasting Authority.