Cap. 478 Art. 33Power to make regulations.

(1) The Minister may make regulations generally to give effect to the provisions of this Act and, in particular, but without prejudice to the generality of the foregoing:

(a) to provide for any matter which is required or authorised by the Act to be prescribed;

(b) to establish the administrative and organisational procedures to be followed by the Commission and the Commissioner;

(c) to establish schemes for the purpose of funding or subsidising programmes, initiatives and events concerning the audiovisual or film-servicing industry;

(d) to deal with any matter related to officers and employees of the Commissioner;

(e) to deal with any matter related to the expenditure and income of the Commissioner, the Commissioner’s estimates and accounts, and their verification.

(2) The Minister may also by regulation amend the Schedule. Schedule

(Articles 25 and 33)

An audiovisual production shall be deemed to be a "qualifying production" as mentioned in article 25 if it satisfies the following conditions:

(a) the audiovisual work concerned is partially or wholly carried out in Malta (including works related to animation and visual effects activities together with post-production); and

(b) processed to commercial release standards, for local and, or international distribution for theatrical release, TV Broadcast and video on demand and subscription video on demand platforms; and

(c) makes a valid contribution to the expression of creativity and culture through the development of production capability skills in the audiovisual sector; and

(d) the audiovisual work concerned is categorised as:

(i) "feature film" means a film which includes those shot direct-to-video, where the film is commonly screened as the main attraction in commercial cinemas, and is of a duration of not less than sixty (60) minutes, or in the case of a large format (IMAX) film of not less than forty-five (45) minutes;

(ii) television, video on demand or subscription video on demand production (including film, series or mini-series including pilots):

(aa) "television, video on demand or subscription video on demand film" means a drama (meaning a composition which tells a story through the development of any theme and plot, by means of dialogue and action and the portrayal of characters, settings, and life situations) of a like nature to a feature film capable of being exhibited on television where the television movie is not less than one (1) commercial television hour in length, or in the case of a programme predominantly utilising cell, stop motion and, or computer animation not less than one half (½) commercial television hour, and is shot and processed to commercial release standards, for cinema exhibition or domestic and international television broadcast; or

(bb) "television, video on demand or subscription video on demand series" or "television, video on demand or subscription video on demand mini-series" means an episodic television drama, including animation, which is either an extended but self-contained drama made for television wherein the key dramatic elements of character, theme and plot are introduced, developed and concluded so as to form a narrative structure (similar to that of a novel) which features a major continuous plot enhanced by minor plots and there is the expectation of an ending that resolves the major plot tensions and is arranged into consecutive episodes for screening purposes; or an anthology of drama works for television where the key dramatic elements of character, theme and plot are introduced, developed and concluded so as to form a narrative structure within each episode (similar to that of a novel or a short story) and is made to be broadcast under one generic title, and is shot and processed to commercial release standards, for domestic and international television broadcast;

(iii) "creative documentary" means a project based on an original theme which contains a certain ''timeless" element so that there is no loss of interest when the event with which the theme is linked has passed and contains significant original filming and is not limited to the reporting of information;

(iv) "reality programmes (scripted or unscripted)" means programmes which may be live or recorded and directly or indirectly promote the Maltese Islands and its culture;

(v) "game or competition shows" means shows which may be live or recorded and directly or indirectly promote the Maltese Islands and its culture;

(vi) "short film" means an original motion picture that has a running time of forty (40) minutes or less, including all credits.

(vii) "Innovative audiovisual content" means content falling under the umbrella term Extended Reality (XR), encompassing immersive technologies, including virtual reality (VR), augmented reality (AR), and mixed reality (MR). The production shall aim to create interactive narrative storytelling and immersive experiences intended for production and global commercial exploitation, irrespective of the platform or distribution method. These new cinematic environments extend beyond the traditional big screen and offer possibilities in immersive theatres or online, including virtual reality spaces and virtual worlds, such as the metaverse, where the convergence of physical and virtual spaces may be accessed through PCs, consoles, mobile devices, tablets, smart phones, head-mounted displays

(HMDs) and other technologies. Productions shall have cross-border potential to reach European and international markets:

Provided that for productions to be considered narrative, they shall focus on storytelling and experiences and shall not consist of games. The narrative shall unfold throughout the interactive and immersive experience and shall not be limited merely to an introduction or ending. The content shall demonstrate a high level of innovation and creative value.