Cap. 350 Art. 16HObligations of the Authority concerning audiovisual media services.

(1) The Authority shall ensure that all audiovisual media services transmitted by media service providers falling under the jurisdiction of Malta shall comply with the provisions of this Act and of any subsidiary legislation made thereunder applicable to audiovisual media services intended for the public in Malta.

(2) For the purposes of this Act, the media service providers under the jurisdiction of Malta shall be those providers:

(a) who are established in Malta in accordance with sub-article (3); or

(b) to whom sub-article (4) applies.

(3) For the purposes of this Act, a media service provider shall be deemed to be established in Malta:

(a) if the media service provider has its head office in Malta and the editorial decisions about the audiovisual media service are taken in Malta;

(b) if a media service provider has its head office in Malta but editorial decisions on the audiovisual media service are taken in another Member State, the media service provider shall be deemed to be established in the Member State where a significant part of the workforce involved in the pursuit of the programme-related audiovisual media service activity operates. If a significant part of the workforce involved in the pursuit of the programme-related audiovisual media service activity operates in each of those Member States, the media service provider shall be deemed to be established in the Member State where it has its head office. If a significant part of the workforce involved in the pursuit of the programme-related audiovisual media service activity operates in neither of those Member States, the media service provider shall be deemed to be established in the Member State where it first began its activity in accordance with the law of that Member State, provided that it maintains a stable and effective link with the economy of that Member State;

(c) if a media service provider has its head office in Malta but decisions on the audiovisual media service are taken in a third country, or vice-versa, it shall be deemed to be established in Malta, provided that a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in Malta.

(4) Media service providers to whom the provisions of sub-article (3) are not applicable shall be deemed to be under the jurisdiction of a Member State in the following cases:

(a) if they use a satellite up-link situated in Malta;

(b) although they do not use a satellite up-link situated in Malta, if they use satellite capacity appertaining to that Member State.

(5) If the question as to which Member State has jurisdiction cannot be determined in accordance with sub-articles (3) and (4), the competent Member State shall be that in which the media service provider is established within the meaning of articles 49 to 54 of the Treaty.

(6) The provisions of articles 16G to 16P shall not apply to audiovisual media services intended exclusively for reception in third countries and which are not received with standard consumer equipment directly or indirectly by the public in Malta.

(7) Media service providers shall inform the Authority about any changes that may affect the determination of jurisdiction in accordance with sub-articles (2), (3) and (4).

(8) The Authority shall establish and maintain an up-to-date list of the media service providers under its jurisdiction and indicate on which of the criteria set out in sub-articles (2) to (5) its jurisdiction is based. The Authority shall communicate that list, including any updates thereto, to the Minister.