Cap. 350 Art. 16Broadcasting licences and contracts not assignable.

(1) The following acts may not be carried out without the previous consent in writing of the Authority, which shall not be unreasonably withheld:

(i) the assignment of a broadcasting licence;

(ii) the transfer of shares in a company holding a broadcasting licence;

(iii) the transfer of the effective control of a company holding a broadcasting licence;

(iv) the transfer of managerial control of a broadcasting station by a broadcasting licensee to another person;

(v) the transfer of the beneficial ownership of a company holding a broadcasting licence;

(vi) the merger of companies holding a broadcasting licence: Provided that the provisions of this sub-article shall not apply to a general interest broadcast content licence and it shall not be permissible for the Authority to authorise any of the measures mentioned in paragraphs (i) to (vi): Provided further that prior to the Authority authorising any of the measures referred to in paragraphs (i) to (vi), it shall assess the effects of the proposed actions on competition, consumer choice, and the overall plurality of viewpoints in the media landscape and it shall take such assessment into consideration in deciding to grant or to withold its consent.

(2) The Authority may require from time to time from broadcasting licensees or contractors such declarations, returns, accounts, documents and other information as the Authority may consider necessary or advisable for the purpose of ensuring that the requirements of this Act are complied with.

(3) Every licence issued by the Authority as well as every contract between the Authority and a broadcasting contractor shall contain all such provisions as the Authority thinks necessary or expedient for complying and securing compliance with the provisions of this Act. The First Schedule shall apply to such licence and contract aforesaid.

(4) Without prejudice to the provisions of sub-article (3), every licence issued by the Authority as well as every contract between the Authority and a broadcasting contractor shall contain a provision reserving to the Authority the right, in view of any breaches by the broadcasting licensee or contractor of his obligations with the Authority, to serve on the broadcasting licensee or contractor, a notice in writing, taking effect forthwith or on a date stated in the notice to determine the licence or contract, or to suspend the operation of the licence or of the contract, as the case may be, for such period as may be specified in the notice or until a further notice is given.

(5) Any broadcasting licensee who feels aggrieved by a decision of the Authority to suspend or determine his licence in terms of sub-article (4), may appeal against such decision, to the Court of Appeal by an application filed within fifteen days from the date of service upon him of the decision of the Authority.

(6) Where an application is filed within the time limited by sub-article (5), a copy thereof is also to be served on the Authority which shall within fifteen days of such service file a reply in justification of its decision.

(7) The Court of Appeal shall on the lapse of the time stated in the immediately preceding sub-article fix a date for the hearing of the appeal, which shall be disposed of with urgency.

(8) The Court of Appeal may on the application of the appellant order the suspension of the decision of the Authority pending the appeal.

(9) (a) The Board established under article 29 of the Code of

Organization and Civil Procedure may make rules concerning appeals to the Court of Appeal under this article.

(b) The Minister responsible for justice may by regulations under this paragraph establish the fees payable in the registry of the Court relative to the filing of judicial acts in connection with appeals under this article: Provided that until such fees are so established, the fees contained in Schedule A to the Code of Organization and Civil Procedure shall apply.

(10) Where no valid appeal has been lodged within the time limited by sub-article (5), or where the appeal has been withdrawn or discontinued, or where the matter has been determined by the Court of Appeal, the decision as regards suspension or determining of the broadcasting licence in question shall be final and conclusive for all purposes of this Act.