Circular 12/09

Circular to Broadcasting Stations

Law on Satellite Radio and Television Services

Parliament has enacted a law whereby the Broadcasting Act, Chapter 350 of the Laws
of Malta, was amended in order to provide for a more detailed licensing regime for the
regulation of satellite radio and satellite television services. Act No VIII of 2009 – the
Broadcasting (Amendment) Act, 2009 – will come into force on 1st July 2009 in terms of
Legal Notice 195 of 2009 (vide copy attached of both the Act and Legal Notice).

Article 16A of the Broadcasting Act contains a provision which regulates satellite
broadcasting in article 16A(1)(b). Prior to the amendments, article 16A read as follows:

16A. (1) The provisions of this Act shall apply to all broadcasters under Maltese
jurisdiction both as it exists at the time of the coming into force of this article and
as it may be defined and extended from time to time by regulations made under
article 37:

Provided that –

(a) the provisions of article 10(2) and (5) shall not apply to –
(i) the provision of any sound or television broadcasting services
by the Government or by any person, body or authority under
licence from or under arrangements with the Government; and
(ii) any broadcasting licence granted prior to the 1st June, 1991;

(b) the provisions of article 10 other than those of subarticles (10) and (11)
thereof, and the provisions of article 13(2)(d) and (4) and (5), of article
17 and 18, and of article 23(2) shall not apply in respect of the
provision of any sound or television broadcasting by satellite under a
licence issued by the Government or by any person, body or authority
which the Minister responsible for wireless telegraphy may by order
made under this article empower to issue such a licence.

(2) Broadcasting referred to in paragraph (a)(i) and in paragraph (b) of the proviso
to subarticle (1) shall be subject to such conditions as the Minister responsible for
wireless telegraphy or such person, body or authority as is mentioned in
paragraph (b) of the proviso to subarticle (1), as the case may be, may deem
appropriate which conditions may also include conditions similar in content to the
provisions made applicable to such broadcasting by virtue of the proviso to
subarticle (1).

The provision concerning satellite broadcasting – article 16A(1)(b) – was introduced in
the 2000 amendments to the Broadcasting Act.

In terms of the amendment approved by Parliament:

1. The Broadcasting Authority will now deal with the broadcasting content
aspect of satellite services whilst the Malta Communications Authority will
deal with the technical issues.

2. The Broadcasting Act provision on satellite broadcasting is now more
flexible to permit an element of discretion upon the Broadcasting Act in
licensing satellite broadcasting bearing in mind the fast development and
changes taking place in the communications sector.

The New Law

In so far as Article 16A of the new law is concerned, the references in article 16A (1)(b)
to satellite broadcasting have been deleted so that this matter is now regulated in new
Part IIIA entitled “Satellite Radio and Television Services”.

The rest of the provision (article 16A) has not been changed except that “Government”
has been substituted by “Minister”, that is, the Minister responsible for broadcasting
policy, so that it would be clear whom the competent Minister is. Note that this provision
does not deal with satellite radio and television but with nationwide radio and television.

Part IIIA consists of four new provisions, articles 16C to 16F.

Article 16C empowers the Authority to license both broadcasting content (that is
programmes as distinct from networks which are licensed by the Malta Communications
Authority) on satellite radio and satellite television.

The Authority is also empowered to decide on the applicable licence conditions and
duration.

Article 16D provides for the applicable application form and fee as the Authority may
determine.

It also increases the administrative penalty to three hundred thousand Euro (€300,000).
One has to ensure that the administrative penalty really serves as a deterrent.

Article 16E empowers the Prime Minister and the Authority to make regulations to give
better effect to the provisions of this Part on satellite radio and television services.

Article 16F is the interpretation provision.

LN of 2009

Act VIII of 2009

Pierre Cassar		24th June, 2009
Chief Executive		Ref 51/61
Broadcasting Authority