Cap. 350 ст. 11Considerations to guide Authority in issue of broadcasting licences.

(1) When issuing broadcasting licences, the Authority shall be guided by the following considerations -

(a) that the principles of freedom of expression and pluralism shall be the basic principles that regulate the provision of broadcasting services in Malta;

(b) that a diverse system of public and private stations with their own particular character, would be the best system for the realisation of the basic principles above referred to;

(c) that private broadcasting services shall be allowed to operate in such a way so as to ensure a distribution of programming that appeals to general as well as specific and various interests. The Minister shall prepare and publish Government’s broadcasting policy and update it from time to time;

(d) that no situation of monopoly or similar situation of a small group of persons or in favour of any station or group of stations should be allowed; and

(e) that in granting licences to different persons, it shall also take into account the possibility of broadcasting by satellite, cable, digital terrestrial television, digital radio or through such other electronic communications networks as may be possible from time to time.

(1A) The Minister may, in conjunction with the Minister responsible for wireless telegraphy, from time to time, amend or substitute the Second Schedule to this Act.

(2) The Authority shall specifically consider:

(a) that criteria for the assessment of applications for licences shall include:

(i) economic potential and viability,

(ii) quality of scheduled programming, and

(iii) technological and broadcasting plans and projects;

(b) that a licensee should be able to fulfil all his obligations under this Act and to secure compliance with all directives of the Authority as the Authority may deem necessary or expedient for the proper exercise of the functions described in article 119 of the Constitution.

(3) An applicant whose application has been refused by the Authority and who feels that the Authority has not acted in conformity with the rules of natural justice, or that it has acted in a manner which is grossly unreasonable or with undue discrimination, or whose application has been pending for at least four months, may appeal against such decision or delay to the Court of Appeal in accordance with the procedures laid down in article 16 (5), (6), (7), (9) and (10).