MALTA Law and Practice Contributed by: Andrew J Zammit, James Bartolo and Nicholas Scerri, GVZH Advocates
permit from the MBA. The MBA may grant a broadcasting licence subject to the terms and restrictions it sees fit. These licences are likewise governed by the First Schedule of the Broad - casting Act. There are various classifications and types of licences, including: • licences for nationwide television services; • other services which may be broadcast or provided on or by an electronic communica - tions network. The MBA may grant a general interest broad - cast content licence or a commercial broadcast content licence in relation to national television services. A general interest goal service is a tel - evision broadcasting service that commits to airing a predetermined number of general inter - est programmes that are under the purview of a public service broadcasting service as defined by the National Broadcasting Policy. • nationwide radio services; • community radio services; • satellite radio services; • satellite television services; and A general interest objective service may be either a generalist service or a niche service. The latter refers to a television broadcasting service which predominantly transmits programmes of a limited number of genres of a specialist subject matter, whilst a “generalist service” means a tel - evision broadcasting service which transmits a wide range of programme genres. On the other hand, a “commercial television broadcasting service” means a television broadcasting ser - vice that is either a generalist service or a niche service that is not subject to the obligations of a general interest objective service. An application for a broadcasting licence must be made to the MBA through the relevant licence
application, some of the details of which are dis - cussed below: • in the case of a new nationwide TV sta - tion, arrangements have to be made in the first place with the service providers Melita Limited and GO plc, the two TV distribution networks on the island, prior to applying for a licence from the MBA; • in the case of digital radio broadcasting (which is further regulated by Digital Radio Broadcasting Regulations (Chapter 350.29, Laws of Malta), arrangements have to be made in the first place with the licensed digi - tal radio broadcasting service provider DigiB Network, prior to applying for a licence from the MBA; and • satellite uplink services are licensed by the MCA, and the initial step in this case is to complete and return an application for a sat - A television broadcast or an on-demand audio - visual media service both qualify as audiovisual media services. A provider of an on-demand media service generally does not need a broad - casting licence as stated under the previous heading but they must notify the MBA in writing by sending a letter to the Chairman of the MCA before offering the service. This written notifica - tion must include the following information: • in the case of a natural person, the name, surname and address, identity card number, passport number or any other identification document as may be accepted by the MCA; and • in the case of a legal person, the name and address of the company and of the registered office. ellite earth station licence. Audiovisual Media Services
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