The constitutional and legal relationship between the broadcasting authority and the Maltese public broadcaster

Abstract

Broadcasting law in Malta has gone through sustained evolution since the first relevant legislation was enacted way back in 1921. From then onwards, there has been a steady progression of legislative enactments intended to regulate broadcasting and its fast technological advancements. The introduction of pluralism in broadcasting in 1991 necessitated an overhaul in the broadcasting legal scenario, to the extent of a repeal of the Broadcasting Ordinance of 1961 and the enactment of the Broadcasting Act. The Constitutional protection of due impartiality and balance in matters of political and industrial controversy or current public policy, have been key issues in broadcasting case law over the years. The dissertation provides an analysis of the relationship between the Broadcasting Authority and Malta's public broadcaster PBS Ltd. Whilst the Constitution of Malta does not distinguish between public and private broadcasting, the Broadcasting Act makes several distinctions between the two classes of broadcasting, imposing several added responsibilities on the public broadcaster. The constitutional legality of Article 13(2)(f) of the Broadcasting Act, the wide ranging powers afforded to the Broadcasting Authority through Articles 15 and 23 of the same enactment, together with an a review of the dual conflicting role of the Authority as regulator and adjudicator and an examination of relevant case law, form the basis of this dissertation. Most importantly, the dissertation aims at identifying those areas in Malta's broadcasting legislation which are outdated and need rethinking by our legislators. An attempt to suggest possible solutions to specific problems will also be made with a view to providing a better understanding to all those interested in broadcasting and its legal perspective.