Broadcasting legislation : a comparative study

Abstract

In embarking upon this study about such an important, dynamic, controversial and modern topic, it is necessary to define at first as to what one must understand by “broadcasting” and then to describe in general its significance in the world. Every historian of the twentieth century must recognize the important role of radio and television. At home and ab road, broadcasting has proved to be a dramatic means both to unite and to divide peoples and countries. “Broadcasting” includes the two media called “radio” and “television” in the United States, and “sound radio” and “television” in Europe. Although the term “broadcasting” is sometimes limited to sound radio, it used here in its more inclusive sense. This introduction is based on the assumption that radio and television are integral parts of the countries they serve. Like all important national activities, they grow out of and contribute to their environments. A thorough study of any country’s broadcasting, therefore, must take account of its political, economic, social, religious and cultural life. However, for obvious reasons, one can only deal with those factors which are most basic to its existence and operation. Hence, history and politics are important. A country with traditions of press freedom, like the United Kingdom, may be expected to develop a free system of broadcasting, while one with Communist ideology, such as the German Democratic Republic or the Soviet Union, will almost certainly censor broadcasting along with all other information media. A country with a highly centralised government, like France, is apt to have a unified broadcasting organisation ; one with a federal system, such as the German Federal Republic, Switzerland or Yugoslavia, may develop decentralised broadcasting. Insofar as Malta is concerned, the Broadcasting Authority is responsible under the Constitution and the Broadcasting Ordinance for the control of Sound and Television services in the Maltese islands. The Broadcasting Ordinance also gives the Authority the right to broadcast. Established in September 1961, the Authority is an independent statutory body whose income derives from Wireless Licence Fees. Constitutional provisions regarding the Broadcasting Authority define its function as being that of ensuring “in such sound and television broadcasting services as may be provided in Malta, due impartiality in respect of matters of political or industrial controversy or relating to current public policy”. In the development plan for the period 1973-80, Government has stated officially as far as broadcasting goes, that it recognizes that independence is necessary to ensure that broadcasting will continue to develop democratically, on non-partisan lines, and in the public interest.