Recent trends in broadcasting legislation

Abstract

This thesis shall study the recent trends and developments in broadcasting legislation. The amendments to the Broadcasting Act, through the Broadcasting (Amendment) Act of 2000, as well as subsidiary legislation made under the said Act represent the more recent changes in Maltese broadcasting law. Such amendments, in turn, are a result of the transposition of the amended European Union Directive 97/36/EC 'Television Without Frontiers' which amended the original 1989 Directive 89/552/EC. This directive, together with the Council of Europe's European Convention on Transfrontier Television of 1989 but recently amended as well, form the basis of current European legislation on broadcasting. Issues related to political broadcasting see a shift, in decisions by the European Court on Human Rights to the need to protect freedom of expression, thereby doing away with the absolute ban on political advertising which cannot always be justified on the basis of a pressing social need. Local case-law in a number of judgments rejected the constitutionally-appointed Broadcasting Authority's arguments that in its exercise of its functions it is not subject to control by any other authority.