PUBLISHED IN 2005 BY THE BROADCASTING AUTHORITY MILE END ROAD, ĦAMRUN HMR 02, MALTA TEL: 2122 1281, 2124 7908 FAX: 2124 0855 E-MAIL: [email protected] WEB: HTTP://WWW.BA-MALTA.ORG GRAPHICS, DESIGN & SET-UP: MARIO AXIAK HEAD, RESEARCH AND COMMUNICATIONS ii iv CONTENTS PAGE 1. MESSAGE FROM THE CHAIRMAN 1 2. REVIEW OF THE YEAR BY THE CHIEF EXECUTIVE 6 2.1 THE BROADCASTING AUTHORITY 6 2.2 BROADCASTING AUTHORITY COMMITTEES 6 2.3 QUALITY CHILDREN’S PROGRAMMES 6 2.4 THE AUTHORITY’S STAFF 7 2.5 E.U. MEETING ON INCITEMENT TO HATRED IN BROADCASTS 7 2.6 DIGITISATION OF BROADCASTING AUTHORITY EQUIPMENT 7 3. BROADCASTING REGULATION 8 3.1 APPROVAL OF BROADCASTING LICENCES 8 3.2 DIGITAL TERRESTRIAL TELEVISION 9 3.3 PBS LTD.’S FIRST EDITORIAL BOARD REPORT 9 4. PROGRAMME COMPLAINTS 10 5. BROADCASTING LEGISLATION 12 5.1 AMENDMENT TO THE BROADCASTING ACT 12 5.2 TRANSPOSITION OF THE INJUNCTIONS DIRECTIVE 12 5.3 AMENDMENT TO THE CODE FOR THE INVESTIGATION AND DETERMINATION OF 13 COMPLAINTS 5.4 B.A. DIRECTIVE ON THE CONDUCT OF COMPETITIONS AND THE AWARD OF 13 PRIZES ON THE BROADCASTING MEDIA 5.5 ADDITION TO THE GUIDELINES ON ALCOHOLIC DRINK ADVERTISING, 13 SPONSORSHIP AND TELESHOPPING 5.6 GUIDELINES REGARDING PARTICIPATION OF VULNERABLE PERSONS IN MEDIA 14 PROGRAMMES 5.7 GUIDELINES ON THE REPORTING OF NEWS AND THE PRODUCTION OF 14 PROGRAMMES ON THE COMMISSION OF OFFENCES, THEIR INVESTIGATION AND COURT PROCEEDINGS 5.8 PARTICIPATION OF HEALTH CARE PROFESSIONALS IN THE BROADCASTING 15 MEDIA 5.9 DRAFT GUIDELINES ON GENDER EQUALITY AND GENDER PORTRAYAL IN THE 15 MEDIA 5.10 SPONSORSHIP 15 5.11 CRAWLS AND CAPTIONS IN TELEVISION PROGRAMMES 17 5.12 NATIONAL COMMISSION FOR THE PROMOTION OF EQUALITY FOR MEN AND 17 WOMEN 5.13 REVISION OF THE BROADCASTING CODE FOR THE PROTECTION OF MINORS 18 5.14 COOKING PROGRAMMES 18 6. BROADCASTING CASE LAW 19 6.1 PUBLIC BROADCASTING SERVICES LTD. VS BROADCASTING AUTHORITY 19 6.2 GENERAL WORKERS UNION VS BROADCASTING AUTHORITY 20 6.3 PROFESSOR JOSEPH PIROTTA VS JOSEPH GRIMA PRO ET NOE ET 21 7. INTERNATIONAL RELATIONS 23 7.1 MEDITERRANEAN NETWORK OF MEDIA REGULATORY AUTHORITIES 23 7.2 EUROPEAN PLATFORM OF REGULATORY AUTHORITIES 23 7.3 THE COMMONWEALTH BROADCASTING ASSOCIATION 24 7.4 THE EUROPEAN INSTITUTE FOR THE MEDIA 26 8. GĦARGĦUR TRANSMITTING TOWER 27 8.1 NEW SECURITY PROCEDURE AT THE GHARGHUR TRANSMITTING TOWER 27 v 9. RADIO AND TELEVISION AUDIENCES IN MALTA 28 9.1 SAMPLE PROFILE 28 9.2 LISTENING AND VIEWING PATTERNS 28 9.3 PROGRAMME PREFERENCES 29 9.4 RADIO LISTENING AND TELEVISION VIEWING [COUNTS OF “10 MINUTES”] 30 9.5 FAVOURITE RADIO AND TELEVISION STATION 32 9.6 RADIO BROADCASTING [COUNTS OF “10 MINUTES”] 34 9.7 TELEVISION BROADCASTING [COUNTS OF “10 MINUTES”] 36 10. POLITICAL BROADCASTING 38 10.1 PARTY POLITICAL BROADCASTS 38 10.2 ANNIVERSARY MESSAGES 38 10.3 MINISTERIAL BROADCASTS 38 11. ADMINISTRATIVE OFFENCES 39 12. QUALITATIVE RESEARCH 42 12.1 THE EFFECTS OF BROADCASTING ON THE YOUNG CONSUMER 41 13. PUBLIC SEMINARS 43 14. STAFF PUBLICATIONS AND PAPERS 45 15. GLOBAL MEDIA MONITORING PROJECT 46 15.1 NATIONAL RESULTS – GMMP 2005 MALTA 48 16. BROADCASTING INDUSTRY SURVEY 2005 53 17. GENDER, POLITICS AND MEDIA 54 18. MALTA JOURNALISM AWARDS 55 19. TRAINING 56 19.1 B.A. – M.C.A.S.T. RADIO PROGRAMME PRODUCTION COURSE 56 19.2 STAFF TRAINING AND DEVELOPMENT 56 ANNEXES 59 I LEGAL NOTICE 300 OF 2005 61 II LEGAL NOTICE 301 OF 2005 67 III LEGAL NOTICE 302 OF 2005 68 IV LEGAL NOTICE 83 OF 2005 69 V B.A. DIRECTIVE ON THE CONDUCT OF COMPETITIONS AND THE AWARD OF PRIZES 70 ON THE BROADCASTING MEDIA VI B.A. GUIDELINES ON ALCOHOLIC DRINK ADVERTISING, SPONSORSHIP AND 73 TELESHOPPING VII GUIDELINES REGARDING PARTICIPATION OF VULNERABLE PERSONS IN MEDIA 76 PROGRAMMES VIII GUIDELINES ON THE REPORTING OF NEWS AND THE PRODUCTION OF PROGRAMMES 82 ON THE COMMISSION OF OFFENCES, THEIR INVESTIGATION AND COURT PROCEEDINGS IX PARTICIPATION OF HEALTH CARE PROFESSIONALS IN THE BROADCASTING MEDIA 97 X PAPERS DELIVERED AT THE ROUND TABLE CONFERENCE ON QUALITY PROGRAMMES 99 FOR CHILDREN XI PAPER BY MS JOANNA SPITERI ON SPONSORSHIP IN SPORT 173 XII SURVEY OF THE BROADCASTING INDUSTRY 2005 176 REPORT AND FINANCIAL STATEMENTS 191 FOR THE YEAR ENDING 31ST DECEMBER 2005 vi 1. MESSAGE FROM THE CHAIRMAN Having been appointed to this position only since the beginning of the current year it would indeed be presumptuous for me to comment on the performance of the Broadcasting Authority in the preceding year. However, even a cursory look at the review of the year by the Chief Executive in Section 2 to 19 of this report shows that, in spite of the fact that the Authority had not been constituted for a number of months during 2005, the Authority has scrupulously endeavoured to continue to perform both the Chairman scrutiny functions assigned to it by the Constitution of Malta as well as the Joseph Scicluna B.A. wide-ranging regulatory responsibilities conferred to it by the Broadcasting Act and the relative subsidiary legislation. Although it is never advisable for the Authority to remain unconstituted for any period of time, this ability to ensure a reasonable measure of continuity even during periods when the Authority was not constituted was, to a great extent, due to the vision and commitment of my predecessor, Chief Justice Emeritus Dr Joseph Said Pullicino, together with the other members of the Authority, in the management of the organisation over the previous three years. It is also, of course, a testimony to the dedication and competence of the Chief Executive and his staff. As readers of this report will note, during 2005 the Authority has continued to refine and to articulate its regulatory responsibilities, inter alia through the following measures: • the transposition into Maltese law of the so-called EU Injunctions Directive (98/27/CE), as a result of which the Broadcasting Authority has been empowered to issue a compliance order when it is necessary to ensure that no advert, sponsorship or teleshopping is broadcast which is in breach of the Television without Frontiers Directive • the upgrading of existing guidelines, originally issued in 2000, on the conduct of competitions and the award of prizes on the broadcasting media, to the status of a directive of the Broadcasting Authority in terms of article 15 of the Broadcasting Act, thereby rendering the relative provisions legally enforceable • the adoption and updating, following due consultation with interested parties, of guidelines on the participation of vulnerable persons in media programmes • the publication of a new set of guidelines on the reporting of news and the production of programmes on the commission of offences, their investigation and the relative court proceedings. The Authority, of course, is very much conscious of the need to avoid the temptation of over- regulation and of the potential negative impact of over-regulation on the further development of the local broadcasting industry, including the independent production houses. However, this can 1 never be done at the expense of the Authority’s constitutional obligations or of the right of televiewers and radio-listeners to good quality and decent broadcasting. During the forthcoming years, the reconstituted Authority has to address the multiple challenges that are emerging as a result of an evolving broadcasting scenario. In fact, in the first few months of its appointment, the Authority had already identified a number of issues that have to be addressed with some urgency as indicated hereunder. The acquisition of exclusive broadcasting rights by the cable and digital terrestrial television network operators in relation to events which the local televiewer had become accustomed to watch on ‘free-to-air’ television, both local and foreign. At the moment of writing this message, this issue had already raised a major public controversy, both in relation to the transmission of the final competition of the 2006 FIFA World Cup and to other sporting events shown on foreign broadcasting stations being retransmitted by local network operators who have now acquired exclusive rights for the events in question. There are a number of regulatory authorities who have a direct interest in this issue, including those responsible for consumer protection and fair competition. The Broadcasting Authority itself has a direct interest when the exclusive rights have been acquired in respect of an event which has been declared as being of major importance to society in terms of the Broadcasting (Jurisdiction and European Co-operation) Regulations (Legal Notice 158/2000). In fact, in virtue of these obligations, the Authority has already adopted and publicly announced its position on the obligations of the local holder of the exclusive rights of the 2006 FIFA World Cup. The existing legal framework in relation to the transmission of established major events however now needs to be revewed, clarified and amplified so that exclusive rights can continue to be acquired, not necessarily by the cable and digital network operators only, within parameters that are manifestly clear and understandable both to the general public and to broadcasters seeking to acquire these rights. The list of major events issued in Government Notice 900/2001 in terms of the relative Legal Notice has to be reviewed (some of the events now no longer exist) and specific transmission requirements (e.g. direct or deferred transmission) need to be more amply described. The relative provisions of the Legal Notice itself need to be expanded to provide for ancillary requirements, such as the need to establish specific criteria for the determination of reasonable market rates when the rights holder is expected to sub-lease all or part of the rights to a free-to-air broadcaster as well as the need to provide a more accurate definition of what constitutes satisfactory free-to-air coverage.