Media Release 02/07
Revision of the List of Major Events
In November 2006, the Broadcasting Authority had issued a consultation document proposing a review of the existing legal provisions on the transmission of major events and of the ancillary list of major events. The period of consultation closed on the 7th December 2006 and the Authority has now reviewed the various responses received. During this process of consultation the Authority had also consulted a number of organisations who have a direct interest in the matter.
In the light of this review, the Authority has now drawn up a revised list of major events which is being published as a Government Notice in the Government Gazette and which will enter into force on the date of its publication in the Gazette. A copy of this revised list is attached.
It has to be pointed out that this list of major events is being issued in terms of the provisions of Legal Notice 158 of 2000 [Broadcasting (Jurisdiction and European Co-operation) Regulations, 2000] which had transposed the provisions of Article 3c of the EU ‘Television Without Frontiers Directive’. This article, inter alia, provides that:
“each Member State may take measures in accordance with Community law to ensure that broadcasters under its jurisdiction do not broadcast on an exclusive basis events which are regarded by that Member State as being of major importance for society in such a way as to deprive a substantial proportion of the public in that Member State of the possibility of following such events via live coverage or deferred coverage on free television. If it does so, the Member State shall draw up a list of designated events, national or non-national, which it considers to be of major importance to society”.
The Broadcasting Authority is, in the meantime, also taking steps to amend the above-mentioned Legal Notice so that additional provisions are introduced which would:
define more accurately what constitutes a free television station reaching a substantial proportion of the public
provide guidance on what could constitute a ‘reasonable market rate’ payable by a secondary broadcaster to the primary broadcaster holding the exclusive rights for the transmission of a major event
provide a mechanism for the settlement of disputes between a primary and secondary broadcaster on the determination of a ‘reasonable market rate’
introduce the right of broadcasters to short news reporting of major events and other events in respect of which exclusive television broadcasting rights have been acquired by another (primary) broadcaster.
Mario Axiak 26th January 2007
Head Communications & Research Ref 13/01
Broadcasting Authority