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The Copyright Act, Chapter 415 of the Laws of Malta, was enacted on 14 August 2000 to make new provisions in respect of copyright, neighbouring rights and certain sui generis intellectual property rights. It also repealed the previously standing enactment on the same subject, the Copyright Act 1967. Chapter 415 of the Laws of Malta was not however the first Act in Malta to regulate copyright. Under British colonial rule, Malta applied the English law on the subject, the Copyright Act of 1911. Following independence in 1964, Malta enacted its first copyright Act, Act No. VI of 1967, in 1967. The...

On 11 May 2009, the Civil Court, First Hall, decided that the Malta Broadcasting Authority had not, when hearing a charge issued by the Chief Executive of the said Authority against the public service broadcaster, given the latter a fair hearing during administrative proceedings. This court case involved the first instance of application by the Authority in 2000 of the then new law which changed the procedure as to the enforcement of broadcasting legislation from one based on criminal proceedings to one based on administrative proceedings. The facts of the case are as follows. On 21 March 2000,...

On 28 April 2009, the Malta Broadcasting Authority issued a Consultation Document on the Proper Use of the Maltese Language in the Broadcasting Media. In 2002, the Authority had published a subsidiary law in the form of a Code on the Proper Use of the Maltese Language in the Broadcasting Media. This Code provides guidelines to broadcasters on their responsibility insofar as the correct use of the Maltese language in the broadcasting media is concerned, lists particular responsibilities applying to broadcasting stations and lays down the Broadcasting Authority’s functions in this respect. Subsequent...

On 15 April 2009, the Chief Executive of the Broadcasting Authority issued Circular No. 8 of 2009 to all broadcasting stations informing them of the approval by the Authority of the “Directive on Programmes and Advertisements Broadcast During the Period 4 May to 6 June 2009”. This Directive has been issued in conjunction with the elections for the European Union Parliament to be held in Malta on 6 June 2009. Five MEPs are expected to be elected to represent Malta in the EU Parliament. In the circular it is stated that the Authority has decided that, in the case of a breach of this Directive, no...

The Broadcasting Authority (BA) and the Malta Communications Authority (MCA) have issued a joint consultation document on the making of a set of regulations entitled “Broadcast Distribution Services Regulations” and on amendments to the “Cable Systems (General) Regulations, 2001”. The purpose of this public consultation exercise is to seek input from stakeholders on both sets of draft regulations. These legislative changes complement each other and aim to establish in clear terms the role of the Broadcasting Authority as the competent authority responsible for regulating content carried on an electronic...