Cap. 350 Art. 13General provisions as to the provision of broadcasting services in Malta and regarding the Authority’s duties in respect thereof.

(1) It shall be the duty of the Authority to discharge its functions under this Act as respects the licensing of the services referred to in article 3(1) in the manner which it considers is best calculated to ensure that a wide range of such services is available throughout Malta.

(2) In so far as general interest broadcasting services are concerned and where the Authority allows news and current affairs programmes to be broadcast by such services, it shall be the duty of the Authority to satisfy itself that, so far as possible, the programmes broadcast by any general interest broadcasting service complies with all or any of the following requirements as the Authority may impose in the broadcasting licence, that is to say -

(a) that nothing is included in the programmes which offends against religious sentiment, good taste or decency or is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling;

(b) that all news given in the programmes (in whatever form) is presented with due accuracy;

(c) that sufficient time is given to news and current affairs and that all news given in the programmes (in whatever form) is presented with due impartiality;

(d) that proper proportions of the recorded and other matter included in the programmes are in the Maltese language and reflect Maltese cultural identity;

(e) that the programmes broadcast contain a substantial proportion of matter closely designed to appeal to the interest, tastes and outlook of the general public; and

(f) that due impartiality is preserved in respect of matters of political or industrial controversy or relating to current public policy:

Provided that, except in the case of public broadcasting services, in applying paragraphs (c) to (f), the Authority shall be able to consider the general output of programmes provided by the various broadcasting licensees and contractors, together as a whole: Provided further that the Authority may, when granting a broadcasting licence for a commercial station, impose any of the requirements mentioned in paragraphs (a) to (f) in the said licence.

(3) The Authority shall ensure that, for the continued operation of the licence of a community radio service, the views and expressions of the licensee or of particular persons or bodies, on religious matters or on matters which are of political or industrial controversy or relate to current public policy do not predominate.

(4) It shall also be the duty of the Authority to organise from time to time schemes of political broadcasts (including political spots) which fairly apportion facilities and time between the different political parties represented in Parliament; to produce properly balanced discussions or debates that afford access to persons from different interest-groups and with different points of view, and also to produce commentaries or other programmes about questions relating to current public policy, wherein persons taking part can put forward differing views and comments.

(5) In order to fulfil its duty under sub-article (4), the Authority shall in addition to all its other powers, have the right to order any person or all persons providing broadcasting services in Malta for reception in Malta to provide, free of charge, such recording and other facilities as may be necessary for the production of the said programmes for radio and television, as well as to transmit, free of charge, on such days and at such times as the Authority shall direct, the same programmes: Provided that the powers of the Authority under this sub-article may only be exercised in so far as that exercise is reasonably justifiable in a democratic society.