An Act to amend the Broadcasting Act, Chapter 350 of the Laws of Malta, and Legal notices to amend related Subsidiary Legislation

The purpose of the proposed Bill is to make the necessary amendments in the Broadcasting Act in order to:

•      transpose Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) in view of changing market realities (hereinafter referred to as the EU Directive); and

•      make ancillary and consequential provisions thereto.

Article 2 of the EU Directive states that Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 19 September 2020.

This Directive amends Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services, in view of changing market realities.

Rapid technical developments have sparked new types of services, viewing habits have changed, and user-generated content has gained in importance. The legal framework is now being updated to take account of these developments.

In order to transpose the provisions of the EU Directive into national legislation, substantial amendments to the Broadcasting Act are required. The Government is proposing to adopt minimum harmonisation in line with the provisions of the Directive, without compromising any stricter rules which are already included in the current Act. In order to ensure consistency between the main Act and some of the Subsidiary Legislation, amendments to the relevant Subsidiary Legislation is also being proposed.