Legal safeguards underlying the concept of impartiality in broadcasting : a comparative study

Abstract

No work of this nature would be complete without at least starting off with a cursory look at the general background of broadcasting in Malta, a word on the influence of this important medium, a quick look at the history of Maltese braodcasting and at its present set-up especially as regards political braodcasting which will for obvious reasons be one of our main areas of concentration, at the present problems being faced and at the relevant legislation on. the subject since as the title of this project emphasises what is of utmost importance to us is the question of what legal safeguards are available in this sector. I have started off by mentioning the question of the influence of the medium first for the simple reason that while one is to avoid all temptation to convert this project into a sociological or psychological study, a cursory appraisal of the influence, importance and impact of this medium is indispensable, the more so when it comes to a discussion on the concept of impartiality. After all it is the function of the Broadcasting Authority and ultimately of the Courts to ensure in this field that broadcasting facilities and time are fairly apportioned between persons belonging to different political parties. No fair apportionment of these facilities can be made without some understanding of the facilities about which we are talking and at least about their impact which in the more difficult cases can take a very subtle and not so obvious guise, a factor to which all, including the Judiciary must be well alert.