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IRIS 2011-9:1/28 [MT] Yes for Divorce Movement/Yes for Marriage v Broadcasting Authority

On 23 May 2011 the Civil Court, First Hall, sitting in its constitutional capacity, held that the Broadcasting Authority - by withholding two political spots from being broadcast during the divorce referendum campaign - was not in breach of freedom of expression under the Constitution of Malta and the European Convention on Human Rights and Fundamental Freedoms. No appeal was lodged against this judgment to the Constitutional Court. In Advocate Dr. Deborah Schembri and others in their personal name and on behalf of the Yes for Divorce Movement/Yes for Marriage, the said Yes Movement filed a freedom...

IRIS 2011-8:1/37 [MT] General Interest Objectives Regulations

In exercise of the powers conferred by Article 40(3) of the Broadcasting Act, the Prime Minister, after consultation with the Broadcasting Authority, has issued the General Interest Objectives (Television Services) (Selection Criteria) Regulations, 2011, Legal Notice 240 of 2011. These regulations came into force on 21 June 2011 and set out the criteria to be adopted by the Broadcasting Authority in the selection of television services that fulfil a general interest objective. Two categories of general interest objective television services are dealt with: generalist and niche. In so far as generalist...

IRIS 2011-7:1/32 [MT] Broadcasting Authority Launches Referendum Programme Scheme

The Broadcasting Authority on 12 April 2011 launched a scheme of political broadcasts for the two principal campaign movements participating in the divorce referendum campaign. The divorce referendum was held on Saturday 28 May 2011. Two main campaign movements were established this year to campaign respectively in favour and against the introduction of divorce legislation in Malta. According to the said scheme - which was broadcast on the main television and radio stations of the public service broadcaster - each movement was allocated equal airtime. The two movements in question were: the “Marriage...

IRIS 2011-6:1/24 [MT] Broadcasting Programmes’ Regulation in Relation to the Divorce Consultative Referendum

On Saturday 28 May 2011, Malta will be holding a consultative referendum where a vote will be taken in favour or against the introduction of divorce legislation in Malta. Malta, like the Philippines and the Vatican City, does not yet allow divorce to be granted by its domestic courts although the latter do recognize, in certain instances, divorces obtained abroad. On 16 March 2011 the House of Representatives approved a resolution whereby the people will be asked to vote on the following referendum question: “Do you agree with the introduction of the option of divorce in the case of a married couple...

IRIS 2011-5:1/32 [MT] Fresh Amendments to the Broadcasting Act on Media Concentration and General Interest Objective Television Stations

In March 2011 a bill was proposed to amend the Broadcasting Act. The Bill will extend “pluralism in broadcasting” and permit “the licensing of a general interest objective network operator and general interest broadcasting content licensees”. It will retain the status quo in so far as the licensing of the public service broadcaster is concerned. The Government will continue to licence public service broadcasting, while private broadcasting will be licensed by the Broadcasting Authority. It further liberalises the media concentration provision. Currently this provision allows the same owner to own,...