What is the Broadcasting Authority?
The Broadcasting Authority is a Public Entity set up by the Constitution of Malta to regulate radio and television broadcasting services in the Maltese archipelago. The powers of the Broadcasting Authority arise primarily out of the Constitution of Malta and it is due to these powers that the Broadcasting Authority is the oldest public corporation set up in the Maltese Islands.
What are the functions of the Broadcasting Authority?
The Broadcasting Authority supervises all local broadcasting stations to safeguard local radio and television consumers against improper broadcasting.
How is this supervision done?
There are two main methods adopted by the Broadcasting Authority: a Legal System and a Monitoring System. The Broadcasting Authority ensures that locally licensed broadcasting services observe the legal requirements as stipulated by local legislation with regard to broadcasting content and delivery of service. This is done through the updating of present legislation which is proposed and passed through Parliament, issuing of Directives and Requirements to be observed by broadcasters, and the issuing of Guidelines depending on the importance of the issues being tackled by the Broadcasting Authority.
The Broadcasting Authority monitors all radio and television broadcasts through 24/7 recording of all nationwide broadcasts. Such broadcasts are then selectively monitored by the Authority's monitoring staff. Due to continuous broadcasting and the multiplicity of local broadcasting stations, non-stop monitoring of broadcasting content is not feasible.
What type of content does the Broadcasting Authority supervise?
Anything that is broadcast on local broadcasting services is of interest to the Broadcasting Authority. It is the "watch dog" safeguarding the local community from malicious broadcasting, whether intentional or otherwise. The Broadcasting Authority also ensures that accessibility to broadcasting services is available to all parties concerned, proportionate to their share of the electoral vote.
How are political broadcasts monitored?
All such programmes are under the strict control of the Broadcasting Authority. A political programme schedule is prepared by the Broadcasting Authority determining the type of broadcast (political debates, press conferences with main political personalities, interviews and spot advertising by political parties, etc.); the duration of the whole programme; and the time allocated to each political party. Such programmes are then either recorded or transmitted live on the national public broadcaster (PBS Ltd.) and are produced by Broadcasting Authority's Officials who direct broadcasts on-time at the transmission broadcasting studio.
The subject of the programme, the participants their delivery schedule is pre-determined prior to broadcasting and this is done following discussions with all political parties.
If the Broadcasting Authority only can broadcast Political Programmes, then what could local political stations broadcasts?
The local broadcasting scenario is quite unique not only to the Maltese Islands but also to other countries of the European Union –there is no other country in the E.U. in which Political Parties own radio and television services.
Although all political broadcasts are the prerogative of the Broadcasting Authority alone, a political slant to programmes broadcast on broadcasting stations owned by the Political Parties is allowed.
Who can make a complain about what is broadcast, and how is that complaint dealt with?
There are two ways in which action about broadcast content is considered by the Broadcasting Authority: either from within the Broadcasting Authority or from outside the Authority. The Broadcasting Authority's monitoring staff is constantly on the alert for contravening broadcasts, in which case a charge is issued by the Chief Executive against the station. This charge is heard by the Authority and the station is given the possibility to make its case.
Anyone can complain to the Broadcasting Authority on anything that is broadcast by local radio and television services. In the latter case, the following procedure has to be followed:
- The Broadcasting station concerned is notified of the complaint that has been received and is allowed three days in which to reply.
- If the station grants the requested remedy, no further proceedings take place.
- If the complainant is not satisfied with the station's reply, then the Broadcasting Authority summons the broadcasting station for a public hearing at the offices of the Broadcasting Authority at 7 Mile End Road, Hamrun where the broadcasting station put their case.
- Any decision taken by the Broadcasting Authority, whether it is the imposition of an administrative penalty on the broadcasting station, or a remedial action to be taken during broadcasts by the station, is monitored by the Authority's Chief Executive.