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IRIS 2008-5:1/25 [MT] Freedom of Expression vs. Protection of One’s Honour

On 7 October 1994, in a programme aired on a Maltese radio station, the presenter and owner of the station, Mr Joseph Grima, made several vulgar, insolent and unfair remarks about the ex-Chairman of the Broadcasting Authority, Professor Joseph M. Pirotta. Amongst other things, Mr Grima claimed that the Authority’s ex-Chairman had regularly acted in an incorrect way, in a biased and discriminatory manner and on instructions from the Prime Minister. Professor Pirotta was also referred to by such appellations as “stupid” and “a fool”. The Authority’s ex-Chairman filed libel proceedings against Mr...

IRIS 2008-4:1/28 [MT] Civil Court Confirms the Independence of the Broadcasting Regulator

In the context of the general elections of 8 March 2008, the Broadcasting Authority adopted a scheme for general election broadcasts, wherein the four political parties competing in the general elections would participate in debates and press conferences on the public service broadcaster, during the period from 11 February to 6 March 2008. No political broadcasts were to take place both on 7 and 8 March 2008. On 23 February 2008, the Green Party requested that the Civil Court, First Hall, prohibit the Broadcasting Authority from effecting changes to its scheme of election broadcasts. On 25 February...

IRIS 2008-3:1/24 [MT] Directive on Programmes and Advertisements Broadcast During the Electoral Period

Following the issue of the Presidential writ that general elections will be held on 8 March 2008, together with local council elections for 23 localities in Malta and Gozo, the Broadcasting Authority issued a Directive governing programmes and advertisements broadcast between 11 February and 8 March 2008. This Directive, which came into force on 11 February 2008, requires all radio and television stations to submit their programme schedules for approval to the Broadcasting Authority so that the latter would be in a position to ensure that during the electoral campaign periods all political parties...

IRIS 2008-2:1/24 [MT] Recent Amendments to the Broadcasting Act

Following consultations with the Malta Communications Authority and the Office of the Attorney General, the Broadcasting Authority has proposed that the Government 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 is 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 also on other electronic communications networks that provide broadcasting content such as the...

IRIS 2008-1:1/23 [MT] Consultation Paper on Defining General Interest Objectives

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...