Cap. 350 Art. 23Submission for Authority’s approval.

(1) Without prejudice to the generality of the provisions of article 15, and in addition to all the powers vested in the Authority in virtue of that article, in the case of programmes other than advertisements, in the discharge of its duties under article 20, in relation to both television and sound broadcasts, the Authority shall examine the programme schedules to be submitted by all persons providing broadcasting services in Malta, and for such purpose all persons providing such services in Malta shall submit such programme schedules to the Authority at such intervals and at such times, as the Authority may direct: Provided that, other than with regard to sub-article (1), all classes of radio and television broadcasting services, other than those provided as part of public broadcasting services, shall be exempt from the requirements of all the other sub-articles of this article: Provided further that the Authority may exempt all or any classes of broadcasting services, other than public broadcasting services, from requirements of this article.

(2) Subject to sub-articles (1) and (6), no person providing broadcasting services in Malta may transmit any programme unless it forms part of a programme schedule approved in writing, in advance, by the Authority, in accordance with this article.

(3) A programme schedule -

(a) shall be drawn up in consultation with the Authority, and

(b) shall be for a period to be determined by the Authority;

and the Authority may give to any person providing broadcasting services in Malta such directions as appear to the Authority expedient for the purpose of ensuring that the Authority will have sufficient time to discharge its responsibilities in the consideration of programme schedules.

(4) The Authority may give directions, which may be, to any degree, either general or specific and qualified or unqualified -

(a) as to the exclusion of any item from a programme schedule;

(b) as to the inclusion in, or in a particular part of, a programme schedule of an item, or items, of a particular category; or

(c) as to the inclusion in a particular part of a programme schedule of a particular item;

and the Authority shall not approve a programme schedule until it is satisfied that it conforms with any directions given under this article.

(5) Without prejudice to the Authority’s power to approve for the purposes of this article a revised or amended version of a programme schedule previously approved by it, the Authority may, if it thinks fit so to do in view of any change of circumstances occurring after a programme schedule has been approved by it, permit any person providing broadcasting services in Malta to make such alterations in that programme schedule as the Authority may approve, being alterations proposed to it in any convenient manner; and a programme schedule in which alterations have been made by virtue of this sub-article shall, as so altered, be treated as having been approved by the Authority in accordance with this article.

(6) The Authority may give directions, which may be, to any degree, either general or specific and conditional or unconditional, authorising the making of alterations in any approved programme schedule without prior reference to the Authority -

(a) where it is difficult or impracticable for the person providing broadcasting services in Malta to communicate with the Authority in the time available, or

(b) in the event of a technical breakdown; and the programmes contained in a programme schedule in which alterations are made by virtue of this sub-article may be broadcast by the relevant person providing broadcasting services in Malta notwithstanding those alterations.

(7) The Authority’s approval under this article may be given subject to such exception, reservations and qualifications as the Authority thinks fit; and the Authority may at any time call for further particulars of a programme schedule submitted to it, or of any item in the programme schedule.