Broadcasting Act 2012

Link to law: http://www.gibraltarlaws.gov.gi/articles/2012-12o.pdf
Published: 2012-11-08

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I ASSENT Broadcasting
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2012-12


BROADCASTING ACT 2012

Principal Act

Act. No. 2012-12 Commencement (LN. 2012/157) 8.11.2012
Assent 11.10.2012




Amending
enactments
Relevant current
provisions
Commencement
date
LN. 2013/054 1 ss. 57(2) & 60(1)(b) 8.11.2012
2013/074 ss. 35(1), (2), (3), (4) 9.5.2013

Transposing:
Directive 2010/13/EU

EU Legislation/International Agreements involved:
Directive 89/552/EEC
Directive 2001/83/EC
Directive 2007/65/EC

1 Notice of corrigenda
Broadcasting
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2012-12
ARRANGEMENT OF SECTIONS

Section
PART I
PRELIMINARY

1. Title and commencement.
2. Interpretation.

PART II
ADMINISTRATION, ETC

3. Duty of the Minister and the Authority.
4. General functions of the Authority.
5. Publication of information and advice.
6. Power to require information etc.
7. Making false or misleading statements.
8. General restrictions on disclosure of information.
9. Regulations.
10. Power to establish advisory bodies.
11. Annual reports.
12. Directions by the Authority.
13. Administrative notices.
14. The power of the Authority to issue notices.

PART III
LICENSING OF BROADCASTERS

15. General licensing powers.
16. Requirements of Communications Act 2006 unaffected.
17. Matters to be considered by the Authority.
18. Restrictions on the holding of licences.
19. Enforcement of licences.
20. Financial penalties.
21. Enforcement notices and licence revocation.

PART IV
BROADCASTING STANDARDS

22. Codes of practice.
23. Political broadcasting.
24. Broadcasters’ duties.
25. Recording of broadcasts.
26. Information in respect of providers of media services.
27. Prohibition on broadcasting cinematographic work.
28. Prohibition on incitement to hatred.
28A. Accessibility.
29. Audiovisual commercial communications.
Broadcasting
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2012-12
29A. Basic requirements on television advertising and teleshopping.
29B. Insertion during programmes.
29C. Teleshopping for medicinal products or treatment.
29D. Television advertising and teleshopping for alcoholic beverages.
30. Advertising and teleshopping time as a percentage of transmission
time.
30A. Teleshopping windows.
30B. Television broadcasts intended only for Gibraltar.
31. Sponsored television programmes.
32. Product placement.
33. Teleshopping and self-promotion channels.
34. Advertising in audio media services.
35. Protection of minors.
36. Broadcasts aimed primarily outside of Gibraltar.
36A. Proportion of distribution and production of television programmes.
36B. Reporting to the Commission.

PART V
EXCLUSIVE RIGHTS AND SHORT NEWS REPORTS IN
TELEVISION BROADCASTING

37. Exclusive rights to major events.
38. Short news reports.

PART VI
RIGHT OF REPLY

39. Right of reply.

PART VII
REGULATION OF EUROPEAN UNION BROADCASTS

40. European Union broadcasts.
41. Special provisions in respect of on-demand audiovisual media
services.
41A. European works (on-demand audiovisual services).
42. Special provisions concerning broadcasts from outside Gibraltar.
44. Miscellaneous.

PART IX
CONTINUANCE AND CONSTITUTION OF THE GBC

47. Continuance of the Gibraltar Broadcasting Corporation and
appointment of Board.
48. Tenure and vacation of membership.
49. Meetings and proceedings.
50. GBC to be body corporate.
51. No personal liability to attach to members.
Broadcasting
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2012-12

PART X
FUNCTIONS OF THE GBC

52. Duties and powers of the GBC.
53. Powers of the GBC.
54. Appointment of Chief Executive.
55. Delegation of functions.

PART XI
ACCOUNTS

56. Establishment and operation of general fund.
57. Accounts and audit.
58. The GBC’s powers with regard to receipt of money.
59. Financial year.
60. Annual report and periodical returns.

PART XII
LEGAL PROCEEDINGS AGAINST THE GBC

61. Proceedings on failure of the GBC to comply with Act.
62. Complaints in respect of broadcasting matters.
63. No suit against the GBC without prior written notice.
64. Service of documents.
65. Restriction on execution.

PART XIII
EMERGENCY POWERS

66. Provisions applicable in miscellaneous conditions.

PART XIV
LEGAL CHALLENGES TO THE POWERS EXERCISED UNDER
THIS ACT

67. Appeals.

PART XV
MISCELLANEOUS

68. Acquisition of lands.
69. Offences.
70. Offences by corporate bodies.
70A. Continuation of the offence.
71. Summary proceedings.
71A. Civil proceedings.
72. Time limit for bringing proceedings.
Broadcasting
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2012-12
72A. Regulatory Co-operation.
72B. Co-operation with Member States.
73. Repeals and transitional provisions.
74. Application to the Crown.
75. Force Majeure.

SCHEDULE 1
List of matters to take into account

SCHEDULE 2
RESTRICTION ON THE HOLDING OF LICENCES

SCHEDULE 3
COVERAGE OF ANY ELECTION OR REFERENDUM



Broadcasting
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2012-12

Broadcasting
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2012-12
AN ACT TO MAKE PROVISION FOR THE GIBRALTAR BROADCASTING CORPORATION AND TO TRANSPOSE INTO THE
LAW OF GIBRALTAR COUNCIL DIRECTIVE 2010/13/EU OF 10
MARCH 2010 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL ON THE COORDINATION OF CERTAIN PROVISIONS
LAID DOWN BY LAW, REGULATION OR ADMINISTRATIVE
ACTION IN MEMBER STATES CONCERNING THE PROVISION OF
AUDIOVISUAL MEDIA SERVICES SUPPLEMENTING, DIRECTIVE
2007/65/EC OF THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF 11 DECEMBER 2007 AMENDING COUNCIL DIRECTIVE
89/552/EEC ON THE COORDINATION OF CERTAIN PROVISIONS
LAID DOWN BY LAW, REGULATION OR ADMINISTRATIVE
ACTION IN MEMBER STATES CONCERNING THE PURSUIT OF
TELEVISION BROADCASTING ACTIVITIES AND FOR CONNECTED
PURPOSES:


PART I
PRELIMINARY

Title and commencement.

1. This Act may be cited as the Broadcasting Act 2012 and comes into
operation on the day appointed by the Minister with responsibility for
broadcasting and different days may be appointed for different provisions
and for different purposes.

Interpretation.

2.(1) Interpretation.

“audio commercial communication” means sounds which are designed to
promote, directly or indirectly, the goods or services or image of a
natural or legal entity pursuing an economic activity and includes
radio advertising and sponsorship;

“audio media service” means–

(a) an audio service which is under the editorial responsibility of a
media service provider and the principal purpose of which is
the provision of programmes in order to inform, entertain or
educate to the general public by electronic communications
networks, and may be either a radio broadcast or an on demand
audio media service, or

(b) audio commercial communication;

Broadcasting
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2012-12
“audiovisual commercial communication” means images with or without
sound which are designed to promote, directly or indirectly, the
goods, services or image of a natural or legal entity pursuing an
economic activity where such images accompany or are included in
a programme in return for payment or for similar consideration or
for self-promotional purposes and includes television advertising,
sponsorship, teleshopping and product placement;

“audiovisual media service” means

(a) a service which is under the editorial responsibility of a media
service provider and the principal purpose of which is the
provision of programmes in order to inform, entertain or
educate, to the general public by electronic communications
networks, and may be either a television broadcast or an on
demand audiovisual media service, or

(b) audiovisual commercial communication;

“Authority” means the Gibraltar Regulatory Authority established under
section 3(1) of the Gibraltar Regulatory Authority Act 2000 or such
person or agency as the Minister may, from time to time, appoint;

“AVMS Directive” means Directive 2010/13/EU of the European
Parliament and of the Council of 10 March 2010 on the
coordination of certain provisions laid down by law, regulation or
administrative action in Member States concerning the provision of
audiovisual media services, as amended from time to time;

“broadcast” means the transmission, relaying or distribution by electronic
communications network of communications, sounds, signs, visual
images or signals, intended for direct reception by the general
public whether such communications, sounds, signs, visual images
or signals are actually received or not;

“broadcaster” means a person licensed or authorised under this Act who
supplies a compilation of programme material for the purpose of its
being transmitted, relayed or distributed as a broadcasting service
(whether that person transmits, relays or distributes that material as
such a service or not);

“broadcasting service” means a service which comprises a compilation of
programme material of any description and which is transmitted,
relayed or distributed by means of an electronic communications
network, directly or indirectly for simultaneous or near
simultaneous reception by the general public, whether that material
is actually received or not, and where the programmes are provided
in a pre-scheduled and linear order, but does not include
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2012-12

(a) a service provided in a non-linear manner where each user of
the service chooses a programme from a catalogue of
programmes; or

(b) other audio and audiovisual services provided by way of the
Internet;

“Commission” means the European Commission;

“DTT” means the national Digital Terrestrial Television network;

“editorial responsibility” means the exercise of effective control over the
selection of the programmes and over their organisation either in a
chronological schedule, in the case of television broadcasts, or in a
catalogue, in the case of on-demand audiovisual media services,
and, for the avoidance of doubt, editorial responsibility does not
necessarily imply any legal liability for the content or services
provided;

“electronic communications network” shall have the meaning assigned to
it in the Communications Act 2006;

“European works” means the following−

(a) works originating in Gibraltar or in a Member State;

(b) works originating in European States outside the European
Union which are party to the European Convention on
Transfrontier Television of the Council of Europe and which
fulfil the requirements set out in subsection (2)(b) below;

(c) works co-produced within the framework of agreements related
to the audiovisual sector concluded between the European
Union and third countries and fulfilling the conditions set out
in those agreements;

“GBC” means the Gibraltar Broadcasting Corporation;

“media literacy” means to bring about a better public understanding of

(a) the nature and characteristics of material published by means
of broadcast and related electronic media;

(b) the processes by which such material is selected, or made
available, for publication by broadcast and related electronic
media;

Broadcasting
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2012-12
(c) the processes by which individuals and communities can create
and publish audio or audio-visual material by means of
broadcast and related electronic media; and

(d) the available systems by which access to material published by
means of broadcast and related electronic media is or can be
regulated;

“media service provider” means the natural or legal person who has
editorial responsibility for the choice of the audio content or
audiovisual content, or both, of the audio or audiovisual media
service (including but not limited to DTT service) and determines
the manner in which it is organised;

“Minister” means the Minister with responsibility for broadcasting;

“national network” includes any network offered to substantially the
whole of Gibraltar, whether free of charge, subscription, pay per
view or otherwise, whether or not special steps need to be taken to
connect the public to that network, providing that Gibraltar forms
the principle target audience of that network and is not
predominantly comprised of the relaying of another network;

“Non-European works” means works other than works within the
definition of “European works”;

“on-demand media service” means a non-linear media service provided
by a media service provider for the viewing or listening of
programmes at the moment chosen by the user and at his individual
request on the basis of a catalogue of programmes selected by the
media service provider;

“product placement” means any form of audiovisual commercial
communication consisting of the inclusion or reference to a
product, a service or a trademark so that it is featured within a
programme, in return for payment or for similar consideration;

“programme” means a set of sounds or moving images with or without
sound constituting an individual item within a schedule or a
catalogue established by a media service provider and whose form
and content is comparable to the form and content of radio or
television broadcasting;

“Public Service Broadcasting” means to

(a) provide a comprehensive range of programmes that reflects the
cultural diversity of Gibraltar and include programmes that
inform, educate and entertain, provide coverage of sporting,
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religious and cultural activities and cater for the expectations of
the community generally as well as members of the community
with special or minority interests and which, in every case,
respect human dignity;

(b) provide programmes of news and current affairs, including
programmes that provide coverage of proceedings in
Parliament; and

(c) facilitate or assist contemporary cultural expression and
encourage or promote innovation and experimentation in
broadcasting;

to the extent required by the Authority;

“radio broadcasting” or “radio broadcast” means the transmission by
wire or over the air, including that by satellite or via satellite
uplinks, in unencoded or encoded form, of radio programmes
intended for reception by the public, excluding the communication
of programmes between undertakings with a view to their being
relayed to the public;

“relevant turnover” means such gross revenues as each holder of a
licence may have generated from activities under that licence in the
previous financial year;

“sponsorship” means any contribution made by a public or private
undertaking or natural person not engaged in providing audio
media services or audiovisual media services, or both, or in the
production of audio works or audiovisual works, or both, to the
financing of audio media services or audiovisual media services, or
both, or programmes with a view to promoting its name, its trade
mark, its image, its activities or its products;

“surreptitious commercial communication” means the representation in
words or pictures of goods, services, the name, the trade mark or
the activities of a producer of goods or a provider of services in
programmes when such representation is intended by the media
service provider to serve as advertising and might mislead the
public as to its nature;

“teleshopping” means direct offers broadcast to the public with a view to
the supply of goods or services, including immovable property,
rights and obligations, in return for payment;

“television advertising” means any form of announcement broadcast
whether in return for payment or for similar consideration or
broadcast for self-promotional purposes by a public of private
Broadcasting
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2012-12
undertaking or natural person in connection with a trade, business,
craft or profession in order to promote the supply of goods or
services, including immovable property, or rights and obligation, in
return for payment but except of the purposes of section 29, does
not include direct offers to public for the sale, purchase or rental of
products or for the provision of services in return for payment;

“television broadcasting” or “television broadcast” means a linear
audiovisual media service provided by a media service provider for
simultaneous viewing of programmes on the basis of a programme
schedule;

“TFEU” means the Treaty on the functioning of the European Union.

(1A) For the purposes of the definition of the term “European works” in
subsection (1), the following provisions shall apply–

(a) the application of the provisions in paragraphs (b) and (c) of
the definition shall be conditional on works originating in the
European Union not being subject to discriminatory measures
in the third country concerned;

(b) the works referred to in paragraphs (a) and (b) of the definition
are works mainly made with authors and workers residing in
one or more of the places referred to in those paragraphs
provided that they comply with one of the following three
conditions–

(i) they are made by one or more producers established in
one or more of those places;

(ii) the production of the works is supervised and actually
controlled by one or more producers established in one
or more of those places;

(iii) the contribution of co-producers from those places to the
total co-production costs is preponderant and the co-
production is not controlled by one or more producers
established outside those places;

(c) works that are not European works but that are produced
within the framework of bilateral co-production agreements
concluded between Gibraltar or Member States and third
countries shall be deemed to be European works provided that–

(i) the co-producers from the European Union supply a
majority share of the total cost of production; and

Broadcasting
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2012-12
(ii) the production is not controlled by one or more
producers established outside the European Union.

(1B) All media service providers under Gibraltar jurisdiction shall comply
with this Act and with all other laws in force in Gibraltar applicable to
media services intended for the public.

(1C) For the purposes of this Act, the media service providers under
Gibraltar jurisdiction are any of the following–

(a) those established in Gibraltar in accordance with subsection
(2);

(b) those to whom subsections (3) or (4) apply.

(2) A media service provider shall be deemed to be established in
Gibraltar in the following cases

(a) the media service provider has its head office in Gibraltar and
the editorial decisions about the audiovisual media service are
taken in Gibraltar;

(b) if a media service provider has its head office in a Member
State but editorial decisions on the audiovisual media service
are taken in Gibraltar (or vice versa), it shall be deemed to be
established in the place where a significant part of the
workforce involved in the pursuit of the audiovisual media
service activity operates. If a significant part of the workforce
involved in the pursuit of the audiovisual media service activity
operates in Gibraltar and a Member State, the media service
provider shall be deemed to be established where it has its head
office. If a significant part of the workforce involved in the
pursuit of the audiovisual media service activity operates in
neither Gibraltar nor a Member State, the media service
provider shall be deemed to be established where it first began
its activity in accordance with the local law, provided that it
maintains a stable and effective link with the economy of that
jurisdiction;

(c) if a media service provider has its head office in Gibraltar but
decisions on the audiovisual media service are taken in a third
country, or vice-versa, it shall be deemed to be established in
Gibraltar, provided that a significant part of the workforce
involved in the pursuit of the audiovisual media service activity
operates in Gibraltar; or

(d) if the media service provider is established in a third country
and is licensed under the provisions of this Act (including
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2012-12
where it has been licensed to provide a broadcasting service on
DTT (which may include Non-European works)).

(3) Media service providers to whom the provisions of subsection (2) are
not applicable shall be deemed to be under the jurisdiction of Gibraltar in
the following cases

(a) they use a satellite up-link situated in Gibraltar;

(b) although they do not use a satellite up-link situated in
Gibraltar, they use satellite capacity appertaining to that of
Gibraltar.

(4) If the question as to whether Gibraltar or a Member State has
jurisdiction cannot be determined in accordance with subsections (2) and
(3), the competent jurisdiction shall be that in which the media service
provider is established within the meaning of the TFEU.

(5) Part IV (“Broadcasting standards”) and Part VI (“right to reply”) of
this Act shall apply mutatis mutandis in respect of radio broadcasts.

(6) This Act does not apply to audiovisual media services which–

(a) are intended exclusively for reception in third countries; and

(b) are not received with standard consumer equipment directly or
indirectly by the public in Gibraltar or in one or more Member
States.

(7) For the avoidance of doubt the GBC is a media service provider
under Gibraltar jurisdiction within the meaning of this Act and as such is
subject to the provisions of this Act subject to any exemptions included
within this Act.


PART II
ADMINISTRATION, ETC

Duty of the Minister and the Authority.

3.(1) The Minister and the Authority shall each have a duty to perform the
functions assigned to or conferred on them by or under this Act and
regulations made under it.

(2) The Minister and the Authority may do anything that appears to them
to be incidental or conducive to the carrying out of their duties.

General functions of the Authority.
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4.(1) The Authority shall, together with such other functions as may be
assigned to or conferred on it under this Act or regulations made under it,
have the function of–

(a) regulating, supervising and enforcing compliance with the
conditions subject to which–

(i) a licence may be granted under this Act;

(ii) the rights contained in a licence granted under the Act
may be exercised; or

(iii) a licence may be granted under this Act and the rights
contained in a licence granted under this Act may be
exercised;

(b) without prejudice to paragraph (a), investigating any breach of
any one or more of the following–

(i) this Act;

(ii) regulations made under this Act;

(iii) any condition subject to which a licence under this Act
may have been granted;

(iv) any condition subject to which the exercise of the rights
contained in a licence granted under this Act may have
been authorised;

(v) any code of practice;

(c) regulating such apparatus as may be or may be sought to be–

(i) connected to a broadcasting network;

(ii) used for the provision of or in connection with a
broadcasting service; or

(iii) connected as in paragraph (i) and used as in paragraph
(ii);

(d) controlling such standards and technical specifications in any
matter relating to broadcasting, including the reception and
access by consumers to signals, as may be mandatory under
this Act or regulations made under it or any other provision of
Gibraltar law or Community law.
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(2) The Authority shall–

(a) keep under review the operation of this Act and regulations
made under it;

(b) make recommendations to the Minister regarding such
amendments to this Act and regulations made under it as it
considers necessary; and

(c) give such information, advice and assistance to the Minister as
the Minister considers appropriate on matters concerning
broadcasting.

Publication of information and advice.

5.(1) The Authority may arrange for the publication, in such form and in
such manner as the Authority may consider appropriate, of such information
and advice as it may appear to the Authority to be expedient to give to
consumers, purchasers and other users of broadcasting services, or
apparatus in Gibraltar. This shall include undertaking and encouraging
measures and activities which are directed towards the promotion of media
literacy including co-operation with broadcasters, educationalists and other
relevant persons.

(2) In arranging for the publication of any of the information or advice
referred to in subsection (1), the Authority shall have regard to the need for
excluding, so far as is practicable–

(a) any matter which relates to the private affairs of an individual
where the publication of that matter would or might, in the
opinion of the Authority, seriously and prejudicially affect the
interests of that individual; and

(b) any matter which relates specifically to the affairs of a
particular body of persons where publication of that matter
would or might, in the opinion of the Authority, seriously and
prejudicially affect the interests of that body.

Power to require information etc.

6.(1) The Authority may, for the purpose of performing the functions
assigned to or conferred upon it by or under this Act, by notice–

(a) require any person to produce, at a time and place specified in
the notice, to the Authority, or to any person appointed by it for
the purpose, any information which is specified or described in
the notice and is in that person’s custody or control; or
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(b) require any person carrying on any business to furnish to the
Authority, such estimates, returns or other information as may
be specified or described in the notice, and specify the time, the
manner and the form in which any such estimates, returns or
information are to be furnished, but no person shall be
compelled for any such purpose to produce any documents
which he could not be compelled to produce in civil
proceedings before the court or, in complying with any
requirement for the furnishing of information, to give any
information which he could not be compelled to give in
evidence in such proceedings.

(2) A notice issued under subsection (1) shall–

(a) be proportionate to the use to which the information is to be
put in the carrying out of the Authority’s functions; and

(b) give the reasons justifying the requirement for the information,
including a statement as to which of the Authority’s functions
gives rise to the request.

(3) A person served with a notice pursuant to subsection (1) must provide
the information requested in the notice in such manner, detail and within
such reasonable period as may be specified in the notice.

(4) A person who, without reasonable excuse, fails to do anything duly
required of him by a notice under subsection (1) commits an offence and is
liable on summary conviction to a fine not exceeding level 5 on the standard
scale.

(5) If a person makes default in complying with a notice under subsection
(1), the court may, on the application of the Authority, make such order as
the court thinks fit for requiring the default to be made good; and any such
order may provide that all the costs or expenses of, and incidental to, the
application shall be borne by the person in default or by any officers of a
company or other association who are responsible for its default.

(6) The Minister may by regulations prescribe–

(a) any further particulars which may apply in specific cases and
circumstances to a requirement to provide information pursuant
to this section; and

(b) the cases and circumstances under which a financial penalty
may be imposed on a person who fails to comply with a notice
issued under this section.

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Making false or misleading statements.

7.(1) A person who–

(a) intentionally alters, suppresses or destroys any document,
including a document in electronic form, which he has been
required to produce by a notice under section 6(1);

(b) by furnishing any estimate, return or other information required
of him under a notice under section 6(1), or otherwise in
purported compliance with a requirement under this Act,
furnishes information or makes any statement which he knows
to be false or misleading in a material particular, or recklessly
furnishes information or makes a statement which is false or
misleading in a material particular; or

(c) with intent to avoid detection of an offence or liability to a
penalty under this Act removes from Gibraltar, destroys,
conceals or fraudulently alters any books or papers including
any material held electronically,

commits an offence.

(2) A person who commits an offence under subsection (1) is liable–

(a) on summary conviction, to imprisonment for a term not
exceeding six months or to a fine not exceeding level 5 on the
standard scale or both; or

(b) on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine or both.

General restrictions on disclosure of information.

8.(1) Subject to the following provisions of this section, no information
with respect to a particular business which–

(a) has been obtained under or by virtue of this Act; and

(b) relates to the private affairs of any individual or to any
particular business,

shall during the lifetime of that individual or so long as that business
continues to be carried on, be disclosed without the consent of that
individual or the person for the time being carrying on that business.

(2) Subsection (1) does not apply to any disclosure of information which
is made for any one or more of the following reasons–
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(a) for the purpose of facilitating the performance of any duties or
functions assigned to or conferred on the Minister or the
Authority by or under this Act;

(b) in connection with the investigation of any criminal offence or
for the purposes of any criminal proceedings;

(c) for the purpose of any civil proceedings brought under or by
virtue of this Act;

(d) to comply with directions of the Supreme Court;

(e) in pursuance of a European Union obligation.

(3) Nothing in subsection (1) shall be construed as any one or more of the
following–

(a) limiting the matters which may be published under section 12
or which may be included in, or made public as part of, a report
of the Minister or the Authority under this Act;

(b) applying to any information which has been so published or
has been made public as part of such a report;

(c) limiting the matters which may be published under any
regulations made under this Act.

(4) Any person who discloses any information in contravention of this
section commits an offence and is liable–

(a) on summary conviction, to a fine not exceeding level 5 on the
standard scale ; or

(b) on conviction on indictment, to a fine.

Regulations.

9.(1) The Minister may make regulations in respect of any matter and for
any purpose relating to the application of this Act and for more effectually
carrying into effect the objects of this Act, and without in any manner
restricting the foregoing powers, such regulations may provide for the
following−

(a) for any matter or purpose concerning the full and proper
implementation of the AVMS Directive; and

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(b) the procedure and principles for the imposition of financial
penalties on a person who fails to comply with an obligation
imposed on that person under, or pursuant to, this Act or with
any other requirement as may be specified under, or pursuant
to, this Act.

(2) Regulations made under this Act may, without prejudice to subsection
(1),−

(a) as far as the contravention of any one or more of those
regulations is concerned, prescribe that a contravention is an
offence;

(b) as far as the liability of a person guilty of an offence of the
nature referred to in paragraph (a) is concerned, prescribe any
one or more of the following and whether jointly or in the
alternative−

(i) on summary conviction to imprisonment for a term not
exceeding six months;

(ii) on summary conviction to a fine not exceeding level 5 on
the standard scale;

(iii) on conviction on indictment, to imprisonment for a term
not exceeding two years;

(iv) on conviction on indictment, to a fine;

(c) make different provision for different cases, including different
provision in relation to different persons, services,
circumstances or localities;

(d) exempt any person, or provide for any person to be exempted,
from any of the provisions of this Act.

(3) A regulation made under this Act which prescribes a period within
which things are to be done may, without prejudice to its generality, provide
for extending the period so prescribed.

(4) Any power conferred by this Act to make regulations includes power,
by a subsequent regulation, to vary or revoke any regulation so made.

Power to establish advisory bodies.

10.(1) The Minister may establish an advisory body or bodies for the
purpose of assisting him or the Authority or both in the performance of any
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of the functions assigned to or conferred on each or both of them, as the
case may be, by or under this Act or regulations made under it.

(2) Each body established under subsection (1) shall consist of such
members as the Minister may from time to time appoint.

(3) Each and every appointment under subsection (2) may be revoked by
the Minister at any time.

(4) The Minister may establish rules of procedure for the bodies referred
to in subsection (1).

(5) The Minister may, to such extent as may be approved by Parliament,
defray or contribute towards the expenses of an advisory body established
under this section.

Annual reports.

11. Every report made by the Authority under section 12 of the Gibraltar
Regulatory Authority Act 2000 shall include a general survey of
developments, during the year to which it relates, in respect of matters
falling within the scope of the Authority’s functions.

Directions by the Authority.

12. The Authority may issue directions to persons who are subject to the
provisions of this Act, whether individually or generally, requiring them to
do or refrain from doing anything which the Authority may consider
necessary for such person to comply with any provision of, or any
condition, obligation or other requirement applicable to such person
pursuant to, this Act and such person shall give effect to any such direction.

Administrative notices.

13.(1) Without prejudice to sections 5 and 12, the Authority may cause to
be published in the form of administrative notices statements setting out the
criteria and any variation in the criteria from time to time by reference to
which the Authority proposes to exercise its respective functions under this
Act.

(2) Without prejudice to subsection (1), the Authority may publish in the
form of administrative notices criteria to facilitate compliance in Gibraltar
with any relevant European Union obligation.

The power of the Authority to issue notices.

14. Without prejudice to sections 5, 12 and 13, the Authority may cause to
be published in the form of notices any matter for which it is responsible
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under or pursuant to this Act including any European Union obligation with
which the Authority is required to comply.

PART III
LICENSING OF BROADCASTERS

General licensing powers.

15.(1) A media service provider under Gibraltar jurisdiction shall require a
licence issued by the Authority, except where that person is with respect to
such broadcasts under the jurisdiction of a Member State for the purposes of
Article 2 of the AVMS Directive, or any retransmissions of broadcasts
under such jurisdiction.

(2) The Authority shall not grant a licence otherwise than in accordance
with an application made and determined in accordance with this Act.

(3) Subsection (1) shall not apply to such broadcasting services as the
Minister may, after consultation with the Authority, by regulation prescribe.

(4) Subsection (1) shall not apply to such persons as the Minister may,
after consultation with the Authority, by regulation prescribe and shall not
apply to such broadcasts made pursuant to this Act by the GBC.

(5) The licence shall be in the form approved by the Authority.

(6) The Minister shall by regulation prescribe the fees to be payable for
licences under this section.

(7) The procedures for the grant under this Act of licences shall be open,
non-discriminatory and transparent and shall, to this end, be applied equally
to every application for such a licence save where there is an objective
reason to the contrary.

(8) A person who acts in contravention of subsection (1), commits an
offence and is liable–

(a) on summary conviction, to imprisonment for a term not
exceeding six months or to a fine not exceeding level 5 on the
standard scale or to both; or

(b) on conviction on indictment, to imprisonment for a term not
exceed two years or to a fine or both.

Requirements of Communications Act 2006 unaffected.

16.(1) The grant of a licence under this section does not relieve the person
so licensed (or any person whose services the person so licensed may
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contract) of any requirement to hold a licence under Part VI of the
Communications Act 2006 or any other licence required under this Act, the
Communications Act 2006 or any other Act.

(2) For the avoidance of doubt, Part VI of the Communications Act 2006
shall apply to the GBC.

Matters to be considered by the Authority.

17. The Authority shall have regard to all the matters listed in Schedule 1 to
this Act when granting licences under this Part.

Restrictions on the holding of licences.

18.(1) The Authority shall ensure that a person does not become or remain
the holder of a licence if he is a disqualified person in relation to that licence
by virtue of Schedule 2 to this Act.

(2) The Authority may accordingly–

(a) require any applicant for a licence to provide it with such
information as it may reasonably require for the purpose of
determining–

(i) whether he is such a disqualified person as is mentioned
in subsection (1), and

(ii) if so, what steps would be required to be taken by or in
relation to him in order for any such requirements to be
complied with;

(b) revoke the award of a licence to a body where a relevant
change takes place after the award, but before the grant, of the
licence;

(c) make the grant of a licence to any person conditional on the
taking of any specified steps that appear to it to be required to
be taken as mentioned in paragraph (a)(ii); and

(d) impose conditions in any licence enabling it to require the
licence holder, if a body corporate, to give to it advance notice
of proposals affecting–

(i) shareholdings in the body, or

(ii) the directors of the body,

where such proposals are known to the body;
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(e) impose conditions in a licence requiring the licence holder, if a
body corporate, to give the Authority notice, after they have
occurred and irrespective of whether proposals for them have
fallen to be notified, of changes, transactions or events
affecting–

(i) shareholdings in the body; or

(ii) the directors of the body; and

(f) impose conditions in a licence enabling the Authority to
require the licence holder to provide it with such information
as it may reasonably require for determining whether the
licence holder is a disqualified person in relation to that licence
by virtue of Schedule 2.

(3) Where the Authority–

(a) revokes the award of any licence in pursuance of subsection
(2)(b), or

(b) determines that any condition imposed by him in relation to
any licence in pursuance of subsection (2)(c) has not been
satisfied,

any provisions of this Part relating to the awarding of licences of the kind in
question shall (subject to subsection (4)) have effect as if the person to
whom the licence was awarded or granted had not made an application for
it.

(4) Those provisions shall not so have effect if the Authority decides that
it would be desirable to publish a fresh notice under this Part in respect of
the grant of a licence, or (as the case may be) a further licence, to provide
the service in question.

(5) Every licence shall include such conditions as the Authority considers
necessary or expedient to ensure that where–

(a) the holder of the licence is a body; and

(b) a relevant change takes place after the grant of the licence,

the Authority may revoke the licence by notice served on the holder of the
licence and taking effect forthwith or on a date specified in the notice.

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(6) The Authority shall not serve any such notice on the licence holder
unless it has given him a reasonable opportunity of making representations
to him about the matters complained of.

(7) In this section “relevant change”, in relation to a body to which a
licence has been awarded or granted, means–

(a) any change affecting the nature or characteristics of the body;
or

(b) any change in the persons having control over or interests in
the body,

being (in either case) a change which is such that, if it fell to the Authority
to determine whether to award the licence to the body in the new
circumstances of the case, it would be induced by the change to refrain from
so awarding it.

Enforcement of licences.

19.(1) If the Authority is satisfied that a licensee has failed to comply with
any condition of the licence and that that failure can be appropriately
remedied by the inclusion in a broadcast by the licensee of a correction or
apology (or both) it may (subject to subsection (2)) direct the licensee to
include in a broadcast a correction or an apology (or both) in such form, and
at such time, or times as it may determine.

(2) The Authority shall not give any licensee a direction under subsection
(1) unless it has given the licensee a reasonable opportunity of making
representations to it about the matters complained of.

(3) Where a licensee includes a correction or apology in its broadcasts in
pursuance of a direction under subsection (1), the licensee may announce
that it is doing so in pursuance of such a direction.

(4) For the avoidance of doubt, this section shall apply to the GBC.

Financial penalties.

20.(1) If the Authority is satisfied that a licensee has failed to comply with
any condition of the licence or with any direction given by the Authority
under or by virtue of any provision of this Part, the Authority may (subject
to the following provisions) serve on the licensee–

(a) a notice requiring the licensee to pay, within a specified period,
a specified financial penalty to the Government; or

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(b) a notice reducing the period for which the licence is to be in
force by a specified period not exceeding two years.

(2) The amount of any financial penalty imposed on any licensee in
pursuance of subsection (1)(a)–

(a) shall, if such a penalty has not previously been so imposed on
that licensee during any period for which the licence has been
in force (“the relevant period”), not exceed 5 per cent of the
relevant turnover for the licensee’s last complete accounting
period; and

(b) shall, in any other case, not exceed 10 per cent of the relevant
turnover for that accounting period;

and in relation to a licensee whose first complete accounting period falling
within the relevant period has not yet ended, paragraphs (a) and (b) above
shall be construed as referring to 5, or (as the case may be) 10 percent of the
amount which the Authority estimates to be the relevant turnover for that
accounting period (as so determined).

(3) The Authority shall not serve on any licensee such a notice as is
mentioned in subsection 1(a) or (b) unless it has given the licensee a
reasonable opportunity of making representations to the Authority about the
matter complained of.

(4) Where a licence is due to expire on a particular date by virtue of a
notice served on any licensee under subsection 1(b), the Authority may, on
the application of that licensee to the Authority, revoke that notice by a
further notice served on the licensee before that date, if he is satisfied that,
since the date of the earlier notice, the licensee’s conduct in relation to the
operation of its licence has been such as to justify the revocation of that
notice.

(5) Any exercise by the Authority of its powers under subsection (1) of
this section in respect of any failure to comply with any condition of a
licence shall not preclude any exercise by the Authority of its powers under
section 19 in respect of that failure.

(6) For the avoidance of doubt, subsections (1)(a), (2) and (3) shall apply
to the GBC.

Enforcement notices and licence revocation.
21.(1) If the Authority is satisfied

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(a) that a licensee is failing to comply with any condition of the
licence or with any direction given by the Authority under or
by virtue of this Part; and

(b) failure is such that, if not remedied, it would justify the
revocation of the licence,

it shall, (subject to subsection (8)) serve on the licensee a notice under
subsection (2).

(2) A notice under this subsection is a notice–

(a) stating that the Authority is satisfied as mentioned in
subsection (1);

(b) specifying the respects in which, in its opinion, the licensee is
failing to comply with any such condition or direction as is
there mentioned; and

(c) stating that, unless the licensee takes, within such period as is
specified in the notice, such steps to remedy the failure as are
so specified, the Authority will revoke the licence under
subsection (3).

(3) If at the end of the period specified in a notice under subsection (2) the
Authority is satisfied–

(a) that the licensee on whom the notice was served has failed to
take the steps specified in it, and

(b) that it is necessary in the public interest to revoke the licence,

it shall (subject to subsection (8)) serve on the licensee a notice revoking the
licence.

(4) If the Authority is satisfied–

(a) that a licensee has ceased to provide the licensed service before
the end of the period for which the licence is to continue in
force; and

(b) that it is appropriate for him to do so,

it shall (subject to subsection (8)) serve on the licensee a notice revoking the
licence.

(5) If the Authority is satisfied–

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(a) that the licensee provided the Authority, in connection with the
application for the licence, with information which was false in
a material particular; or

(b) that, in connection with the application for the licence, the
holder of such a licence withheld any material information with
the intention of causing it to be misled,

it may (subject to subsection (8)) serve on the licensee a notice revoking the
licence.

(6) Subject to subsection (7), any notice served under subsections (3), (4)
or (5) shall take effect as from the time when it is served on the licensee.

(7) If it appears to the Authority to be appropriate to do so for the purpose
of preserving continuity in the provision of the service in question, it may
provide in any such notice for it to take effect as from a date specified in it.

(8) The Authority shall not serve any notice on a licensee under this
section unless it has given the licensee a reasonable opportunity of making
representations to him about the matters complained of.

PART IV
BROADCASTING STANDARDS

Codes of practice.

22.(1) The Authority may from time to time with respect to any form of
broadcasting or other audio media service or audiovisual media service, or
both, issue codes of practice to broadcasters under Gibraltar jurisdiction
which may address any issues with respect to broadcasting standards, taste,
decency, accessibility to the disabled, the advertising of products to
children, and such other issues as should from time to time appear
important.

(2) If a licensee fails to comply with a code of practice, the provisions of
section 20 shall apply as if the failure to comply with the code of practice
were a failure to comply with a licence condition.

Political broadcasting.

23. Schedule 3 shall apply in respect of radio and television broadcasts, and
any code of practice issued under that Schedule shall be deemed to have
been issued under section 22 of this Act.

Broadcasters’ duties.

24.(1) Every broadcaster shall ensure that
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(a) all news broadcast by the broadcaster is reported and presented
in an objective and impartial manner and without any
expression of the broadcaster’s own views; and

(b) the broadcast treatment of current affairs, including matters
which are either of public controversy or the subject of current
public debate, is fair to all interests concerned and that the
broadcast matter is presented in an objective and impartial
manner and without any expression of its own views.

(2) Nothing in subsection (1)(a) prevents a broadcaster from transmitting
party political broadcasts in accordance with any code of practice issued by
the Authority.

Recording of broadcasts.

25.(1) A broadcaster, by means of its own facilities and in a manner
approved of for the purposes of this section by the Authority, shall record
every broadcast made by the broadcaster.

(2) Recordings made in compliance with subsection (1), shall be retained
by the broadcaster for such period as may be determined by the Authority
for the purposes of this section.

(3) When a complaint is being investigated by the Authority under section
39, the recording of a broadcast to which the complaint relates, together
with the recording, made and being retained under this section, of any other
broadcast which in the opinion of the Authority is relevant to that broadcast,
shall be supplied by the broadcaster to the Authority on a request made by
the Authority at any time during such period.

Information in respect of providers of media services.

26. Any provider of audio media services or audiovisual media services, or
both, shall make easily, directly and permanently available to the recipients
of the service–

(a) the name of the media service provider;

(b) the geographical address at which the media service provider is
established;

(c) the details of the media service provider, including his
electronic mail address or website, which allow him to be
contacted rapidly in a direct and effective manner; and

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(d) where applicable, the competent regulatory or supervisory
bodies.

Prohibition on broadcasting cinematographic work.

27. No audiovisual media service provider under Gibraltar jurisdiction shall
broadcast or transmit any cinematographic works outside the periods which
have agreed with the rights holders.

Prohibition on incitement to hatred.

28. No audio media service or audiovisual media service shall contain any
incitement to hatred at all whether based on race, sex, age, sexual
orientation, religion, nationality or otherwise.

Accessibility.

28A. The Authority shall encourage media service providers under Gibraltar
jurisdiction to ensure that their services are progressively made accessible to
people with disabilities affecting their sight or hearing or both.

Audiovisual commercial communications.

29.(1) The following are prohibited in Gibraltar–

(a) surreptitious audiovisual commercial communication;

(b) all forms of audiovisual commercial communications for
cigarettes and other tobacco products;

(c) all forms of audiovisual commercial communications for
medicinal products and medical treatment available only on
prescription.

(2) Media service providers under Gibraltar jurisdiction shall ensure that
the audiovisual commercial communications they provide–

(a) are readily recognisable as such;

(b) do not use subliminal techniques;

(c) do not–

(i) prejudice respect for human dignity;

(ii) include or promote any discrimination on grounds of sex,
racial or ethnic origin, nationality, religion or belief,
disability, age or sexual orientation;
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(iii) encourage behaviour prejudicial to health or to safety;

(iv) encourage behaviour prejudicial to the protection of the
environment.

(3) Audiovisual commercial communications for alcoholic beverages
shall comply, in addition to subsection (2), with the following criteria, that
is to say, they shall not–

(a) be aimed specifically at minors;

(b) encourage immoderate consumption of alcoholic beverages.

(4) Audiovisual commercial communications shall not cause moral or
physical detriment to minors, and shall therefore comply with the following
criteria for their protection, that is to say, they shall not–

(a) directly exhort minors to buy or hire a product or a service by
exploiting their inexperience or credulity;

(b) directly encourage minors to persuade their parents or others to
purchase the goods or services being advertised;

(c) exploit the special trust minors place in parents, teachers or
other persons;

(d) unreasonably show minors in dangerous situations.

(5) The Authority shall encourage media service providers under
Gibraltar jurisdiction to develop codes of conduct regarding inappropriate
audiovisual commercial communications, accompanying or included in
children’s programmes, of foods and beverages containing nutrients and
substances with a nutritional or physiological effect, excessive intakes of
which in the overall diet are not recommended, and such nutrients and
substances shall include, in particular, fat, trans-fatty acids, salt/sodium and
sugars.

Basic requirements on television advertising and teleshopping.

29A.(1) Television advertising and teleshopping shall–

(a) be readily recognisable and distinguishable from editorial
content; and

(b) without prejudice to the use of new advertising techniques, be
kept quite distinct from other parts of the programme by
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optical, acoustic or spatial means or any combination of those
means.

(2) Isolated advertising and teleshopping spots, other than in
transmissions of sports events, shall remain the exception.

Insertion during programmes.

29B.(1) Television advertising and teleshopping may be inserted
during a programme provided that they are inserted in such a way that–

(a) the integrity of the programme, taking into account natural
breaks in and the duration and nature of the programme; and

(b) the rights of the rights holders,

are not prejudiced.

(2) The transmission of films made for television (excluding series,
serials and documentaries), cinematographic works and news programmes
may be interrupted by television advertising or teleshopping once for each
scheduled period of at least thirty minutes.

(3) The transmission of children’s programmes may be interrupted by
television advertising or teleshopping once for each scheduled period of at
least thirty minutes, provided that the scheduled duration of the programme
is greater than thirty minutes.

(4) No television advertising or teleshopping shall be inserted during
religious services.

Teleshopping for medicinal products or treatment.

29C. Teleshopping for medicinal products which are subject to a market
authorisation within the meaning of Directive 2001/83/EC of 6 November
2001 on the Community Code relating to medicinal products for human use,
as the same may be amended from time to time, as well as teleshopping for
medicinal treatment, shall be prohibited.

Television advertising and teleshopping for alcoholic beverages.

29D. Television advertising and teleshopping for alcoholic beverages
shall comply with the following criteria, that is to say, they shall not–

(a) be aimed specifically at minors or, in particular, depict minors
consuming these beverages;

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(b) link the consumption of alcohol to enhanced physical
performance or to driving;

(c) create the impression that the consumption of alcohol
contributes towards social or sexual success;

(d) claim that alcohol has therapeutic qualities or that it is a
stimulant, a sedative or a means of resolving personal conflicts;

(e) encourage immoderate consumption of alcohol or present
abstinence or moderation in a negative light; and

(f) place emphasis on high alcoholic content as being a positive
quality of the beverages.

Advertising and teleshopping time as a percentage of transmission time.

30.(1) The proportion of television advertising spots and teleshopping spots
within a given clock hour shall not exceed 20%.

(2) Subsection (1) shall not apply to announcements made by the
broadcaster in connection with its own programmes and ancillary products
directly derived from those programmes, sponsorship announcements and
product placements.

Teleshopping windows.

30A. Teleshopping windows shall be clearly identified as such by optical
and acoustic means and shall be of a minimum uninterrupted duration of 15
minutes.

Television broadcasts intended only for Gibraltar.

30B. Without prejudice to section 72B, and with due regard for European
Union law, the Authority may lay down conditions other than those laid
down in section 29B(2) to (4) and section 30 in respect of television
broadcasts intended exclusively for reception in Gibraltar and which are not
capable of being received, directly or indirectly, in one or more Member
States.

Sponsored television programmes.

31.(1) Audiovisual media services or programmes that are sponsored shall
meet the following requirements–

(a) the content and, in the case of television broadcasting,
scheduling shall not be influenced by the sponsor in such a way
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as to affect the responsibility and editorial independence of the
media service provider;

(aa) viewers shall be clearly informed of the existence of a
sponsorship agreement;

(b) they shall be clearly identified as a sponsored programme by
the name or logo of the sponsor such as a reference to its
product(s) or service(s) or a distinctive sign thereof in an
appropriate way for programmes at the beginning or the end of
the programme;

(c) they shall not encourage the purchase or rental of the products
or services of the sponsor or a third party, in particular by
making special promotional references to those products or
services.

(2) Audiovisual media services or programmes shall not be sponsored by
undertakings whose principal activity is the manufacture or sale of
cigarettes and other tobacco products.

(3) The sponsorship of audiovisual media services by undertakings whose
activities include the manufacture or sale of medicinal products and medical
treatment may promote the name or the image of the undertaking, but shall
not promote specific medicinal products or medical treatments available
only on prescription in the Member State within whose jurisdiction the
media service provider falls.

(4) News and current affairs programmes shall not be sponsored.

Product placement.

32.(1) The following section applies only in respect of programmes
produced after 19 December 2009.

(2) Product placement shall be prohibited except in–

(a) cinematographic works, films and series made for audiovisual
media services, sports programmes and light entertainment
programmes, or

(b) where there is no payment but only the provision of certain
goods or services free of charge, such as production props and
prizes, with a view to their inclusion in a programme,
provided always that sub-paragraph (a) shall not apply in respect of children’s
programmes.
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(3) Programmes that contain product placement permitted by virtue of
subsection (2) shall meet the following requirements–

(a) their content and, in the case of television broadcasting, their
scheduling shall in no circumstances be influenced in such a
way as to affect the responsibility and editorial independence
of the media service provider;

(b) shall not encourage the purchase or rental of the products or
services of the sponsor or a third party, in particular by making
special promotional references to those products or services;

(c) they shall not give undue prominence to the product; and

(d) except where the programme was produced by someone other
than the media service provider itself or an affiliate thereof,
viewers shall be clearly informed of the existence of product
placement, at both–

(i) the start of the programme; and

(ii) where the programme resumes after an advertising break,
when the programme resumes.

(4) Programmes shall not contain product placement of–

(a) tobacco products or cigarettes or product placement from
undertakings whose principal activity is the manufacture or
sale of cigarettes and other tobacco products ; or

(b) specific medicinal products or medical treatments available
only on prescription in the jurisdiction which the media service
provider falls under.

Teleshopping and self-promotion channels.

33.(1) The provisions of this Act shall apply mutatis mutandis to–

(a) channels exclusively devoted to teleshopping and advertising;
and

(b) channels exclusively devoted to self-promotion.


(2) Subsections 29B(2), (3) and (4), section 30 and section 30A shall not
apply to these channels.

Advertising in audio media services.
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34.(1) No audio commercial communications shall be inserted during
religious services.

(2) Audio commercial communications shall not–

(a) prejudice respect for human dignity;

(b) include any discrimination on grounds of race, sex, age,
disability, sexual orientation or nationality;

(c) be offensive to religious or political beliefs;

(d) encourage behaviour prejudicial to health or to safety;

(e) encourage behaviour prejudicial to the protection of the
environment; or

(f) contain advertising for cigarettes and other tobacco products.

(3) Audio commercial communications for medicinal products and
medical treatment available only on prescription are prohibited.

(4) Audio commercial communications in respect of alcoholic beverages
shall comply with the following criteria, that is to say they shall not–

(a) be aimed specifically at minors or, in particular, depict minors
consuming these beverages;

(b) link the consumption of alcohol to enhanced physical
performance or to driving;

(c) create the impression that the consumption of alcohol
contributes towards social or sexual success;

(d) claim that alcohol has therapeutic qualities or that it is a
stimulant, a sedative or a means of resolving personal conflicts;

(e) encourage immoderate consumption of alcohol or present
abstinence or moderation in a negative light; or

(f) place emphasis on high alcoholic content as being a positive
quality of the beverages.

(5) Audio commercial communications shall not cause moral or physical
detriment to minors, and shall therefore comply with the following criteria
for their protection, that is to say it shall not–

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(a) directly encourage minors to buy a product or a service by
exploiting their inexperience or credulity;

(b) directly encourage minors to persuade their parents or others to
purchase the goods or services being advertised;

(c) exploit the special trust minors place in parents, teachers or
other persons; or

(d) unreasonably show minors in dangerous situations.

Protection of minors.

35.(1) Television and radio broadcasts provided by broadcasters under
Gibraltar jurisdiction shall not include any programme which might
seriously impair the physical, mental or moral development of minors, in
particular, any programme that involves pornography or gratuitous violence.

(2) The prohibition in subsection (1) shall also extend to other
programmes which are likely to impair the physical, mental or moral
development of minors, except where it is ensured, by selecting the time of
the broadcast or by any technical measure, that minors in the area of
transmission will not normally hear or see such broadcasts.

(3) When the programmes referred to in subsection (2) are broadcast in
unencoded form, they shall be preceded by an acoustic warning or shall be
identified by the presence of a visual symbol throughout their duration.

(4) On-demand audiovisual media services provided by media service
providers under Gibraltar jurisdiction which might seriously impair the
physical, mental or moral development of minors shall only be made
available in such a way as to ensure that minors will not normally hear or
see such on-demand audiovisual media services.

Broadcasts aimed primarily outside of Gibraltar.

36.(1). This section applies where–

(a) a media service provider under the jurisdiction of Gibraltar
provides a television broadcast which is wholly or mostly
directed towards a Member State;

(b) media service providers within that Member State are subject
to more detailed and stricter rules of general public interest
than those required by the AVMS Directive; and

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(c) the Authority is contacted by the Member State concerned
under the procedure set out in Article 3 of the AVMS
Directive.

(2) The Authority shall request the broadcaster to comply with the rules of
general public interest in question, and shall enforce such rules as if they
were provided for under this Act.

Proportion of distribution and production of television programmes.

36A.(1) Broadcasters under Gibraltar jurisdiction shall ensure, where
practicable and by appropriate means, that they reserve for European works
a majority proportion of their transmission time, excluding the time allotted
to news, sports events, games, advertising, teletext services and
teleshopping.

(2) Having regard to any responsibilities of broadcasters under Gibraltar
jurisdiction to its viewing public in respect of information, education,
culture and entertainment, the proportion referred to in subsection (1) shall
be achieved progressively, on the basis of criteria judged suitable for this
purpose.

(3) Where the proportion referred to in subsection (1) cannot be
attained, the proportion of transmission time, as defined in subsection (1),
reserved for European works shall not be lower than the average for 1988.

(4) Broadcasters under Gibraltar jurisdiction shall ensure, where
practicable and by appropriate means, that they reserve at least 10% of their
transmission time, excluding the time allotted to news, sports events, games,
advertising, teletext services and teleshopping, or alternatively, at the
discretion of the Authority, at least 10% of their programmes budget, for
European works created by producers who are independent of broadcasters.

(5) Having regard to any responsibilities of broadcasters under Gibraltar
jurisdiction to its viewing public in respect of information, education,
culture and entertainment, the proportion referred to in subsection (4) shall
be achieved–

(a) progressively, on the basis of criteria judged suitable for this
purpose by the Authority;

(b) by earmarking an adequate proportion for recent works, that is
to say, works transmitted within five years of their production.

Reporting to the Commission.

36B.(1) Notwithstanding the repeal of section 10B(6) of the Gibraltar
Broadcasting Corporation Act, the Authority shall continue to ensure that
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the Commission is provided every two years with a report on the application
of section 36A.

(2) The report required by subsection (1) shall include, in particular, a
statistical statement on the achievement of the proportions referred to in
sections 36A(1) and (4) for each of the television programmes provided by
broadcasters under Gibraltar jurisdiction, the reasons, in each case, for the
failure to attain that proportion and the measures adopted or envisaged in
order to achieve it.

PART V
EXCLUSIVE RIGHTS AND SHORT NEWS REPORTS IN
TELEVISION BROADCASTING

Exclusive rights to major events.

37.(1) The Minister may draw up a designated list of events (“the list”)
which he considers to be of major importance for Gibraltar and which shall
not be broadcast on an exclusive basis in such a way as to deprive the public
in Gibraltar of the possibility of following such events by live coverage or
deferred coverage on free television.

(2) The Minister may prescribe that events on the list shall be made
available by whole or partial live coverage or, where necessary or
appropriate for objective reasons in the public interest, whole or partial
deferred coverage.

(3) The list shall be drawn up in a clear, transparent and timely manner.

(4) The Minister shall ensure that the Commission is immediately notified
of the list and of any additions or amendments thereto, and, subject to any
legal challenge, shall revoke such elements in the list, including listed
events and any additions or amendments to the list, as the Commission rules
to be incompatible with European Union law.

Short news reports.

38.(1) A broadcaster established in a Member State shall have access on a
fair, reasonable and non-discriminatory basis to short news reports of events
of high interest to the public which are transmitted on an exclusive basis by
a broadcaster under the jurisdiction of Gibraltar. This section applies
where–

(a) a Gibraltar broadcaster (“the transmitting broadcaster”) has
exclusive rights to that event; and

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(b) another broadcaster (“the requesting broadcaster”) within
Gibraltar, or a Member State wishes to use extracts of that
event for short news reports.

(2) The requesting broadcaster shall have access on a fair, reasonable and
non-discriminatory basis, to the events referred to in subsection (1).

(3) The requesting broadcaster may freely select short extracts from the
transmitting broadcaster’s signal with, unless impossible for practical
reasons, at least the identification of the source, and use such extracts in
short news reports.

(4) The requesting broadcaster–

(a) shall use the short extracts solely for general news
programmes;

(b) may use the short extracts in on-demand audiovisual services
but only if it offers the same programme on a deferred basis.

(5) The transmitting broadcaster shall be entitled to compensation from
the requesting broadcaster in the amount of the additional costs directly
incurred in providing access.

(6) Where a broadcaster under Gibraltar jurisdiction makes a similar
request from a transmitting broadcaster in a Member State, the Authority
shall, if requested, ensure that the equivalent rights of the transmitting
broadcaster under Article 15 of the Audiovisual Media Services Directive
are upheld.

(7) The Authority may issue guidelines regulating access conditions for
the purposes of this section and such guidelines shall cover the following
matters−

(a) the establishment of a procedure, other than the one set out in
this section, which achieves access on a fair, reasonable and
non-discriminatory basis;

(b) the modalities and conditions for the provision of short
extracts, including–

(i) compensation arrangements;

(ii) the maximum length of short extracts;

(iii) time limits regarding the transmission of short extracts.

PART VI
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RIGHT OF REPLY


Right of reply.

39.(1) All broadcasters under Gibraltar jurisdiction shall provide to any
natural or legal person, regardless of nationality, whose legitimate interests,
in particular reputation and good name, have been damaged by an assertion
of incorrect facts in a television programme, a right of reply or a remedy
judged by the Authority to be an equivalent remedy to a right of reply.

(2) Where a person (in this section referred to as “the complainant”) is
of the view that he is entitled, by virtue of subsection (1), to a right of reply
or equivalent remedy, the complainant may require the broadcaster to make
the arrangements necessary for that right to be exercised.

(3) The arrangements referred to in subsection (2)–

(a) shall be at no cost to the complainant; and

(b) shall not be of such a nature as to hinder the actual exercise of
the right of reply, or equivalent remedy, notably, by the
imposition of unreasonable terms or conditions.

(4) Where the request for a right of reply or equivalent remedy is
justified, the broadcaster concerned shall transmit the reply within a
reasonable time after the request was substantiated and at a time and in a
manner appropriate to the broadcast to which the request relates.

(5) The broadcaster may refuse to provide a right of reply or an
equivalent remedy if such a reply–

(a) is not justified by reference to the provisions of subsection (1);

(b) would render the broadcaster liable to prosecution;

(c) would render the broadcaster liable to civil proceedings; or

(d) would transgress standards of public decency.

(6) Where–

(a) the broadcaster refuses to give a right of reply; or

(b) the complainant is dissatisfied with the arrangements in respect
of the exercise of his right of reply,

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the complainant may, within 28 days of the broadcast or the failure of
arrangements, as the case may be, about which he is complaining refer the
matter in writing to the Authority who shall itself or, in the event that it is
unable to meet in the required time, by three persons appointed by the
Authority for this purpose, consider any written representations made by the
complainant and by the broadcaster.

(7) The complainant, at the time that he makes a complaint to the
Authority, shall pass a copy of the complaint and any materials attached
thereto to the broadcaster and the broadcaster shall provide any written
representations it wishes to make to the Authority within 14 days of having
received the complaint.

(8) The decision of the Authority shall be given and conveyed in writing
to the complainant and to the broadcaster within 14 days of the receipt by
the Authority of the written representation from the broadcaster or within 28
days of the receipt by the Authority of the complaint, whichever is the
sooner.

(9) The broadcaster shall comply with the decision of the Authority
within 14 days of the receipt of that decision.

(10) The provisions as to time set out in subsections (5) to (9) may be
varied by the Authority where it is satisfied that it is appropriate to do so in
order to give an effective right of reply to persons resident or established in
a Member State.

(11) The Authority may require the broadcaster to provide a right of reply
or a remedy equivalent thereto in respect of material broadcast by a
programme contractor where in the opinion of the Authority such action is
the only effective way to provide a right of reply and in such case the
provisions of this section shall apply by substituting the broadcaster for the
programme maker.

PART VII
REGULATION OF EUROPEAN UNION BROADCASTS
European Union broadcasts.

40.(1) Subject to this section and section 41, no person shall interfere with
the freedom of reception in Gibraltar of television broadcasts and of other
audiovisual media services from a Member State for reasons which fall
within the fields co-ordinated by the AVMS Directive.

(2) The Authority shall have the power to take measures provisionally
derogating from subsection (1) in respect of television broadcasts from
Member States if the following conditions are fulfilled–

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(a) in the judgment of the Authority the broadcast includes–

(i) any programmes which might seriously impair the
physical, mental or moral development of minors, in
particular programmes that involve pornography or
gratuitous violence;

(ii) any programmes which in the opinion of the Authority
are likely to impair the physical, mental or moral
development of minors, except where the Authority is
satisfied that by means of the time of the programme
concerned or by any technical measure, including any
acoustic warning or visual identification, minors will not
normally hear or see such programmes;

(iii) no incitement to hatred at all whether on grounds of race,
sex, age, sexual orientation, religion, nationality or
otherwise;

(b) during the previous 12 months, the broadcaster has infringed
paragraph (a) on at least two prior occasions;

(c) the Authority has notified the broadcaster and the Commission
in writing of the alleged infringement and of its intention to
restrict retransmission should any such infringement occur
again; and

(d) consultations with the transmitting Member State and the
Commission have not produced an amicable settlement within
15 days of the notification provided for in paragraph (c), and
the alleged infringement persists.

(3) The measures that the Authority may adopt pursuant to subsection
(2) shall include the provisional suspension of retransmissions of television
broadcasts or any restrictions on such retransmissions.

(4) The Authority shall, as a matter of urgency, put an end to any
measure it adopts pursuant to subsection (2) if the Commission informs it,
in accordance with Article 3 (2) of the AVMS Directive, that the measure is
contrary to European Union law.

(5) Any person who continues to retransmit broadcasts contrary to a
measure adopted by the Authority pursuant to subsection (2) commits an
offence.

(6) A person who commits an offence under this section is liable–

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(a) on summary conviction, to imprisonment for a term not
exceeding six months or to a fine not exceeding level 5 on the
standard scale or to both; or

(b) on conviction on indictment, to imprisonment for a term not
exceeding 2 years or to a fine or both.

Special provisions in respect of on-demand audiovisual media services.

41.(1) Subject to the provisions of this section, no person shall interfere
with the freedom of reception in Gibraltar of on-demand audiovisual media
services from Member States for reasons which fall within the fields co-
ordinated by the AVMS Directive.

(2) The Authority shall have the power to take measures provisionally
derogating from subsection (1) in respect of a given on-demand audiovisual
media service if the following conditions are fulfilled–

(a) the measure is necessary for one of the following reasons–

(i) public policy, in particular the prevention, investigation,
detection and prosecution of criminal offences, including
the protection of minors and the fight against any
incitement to hatred on grounds of race, sex, age,
religion, nationality and violations of human dignity
concerning individual persons;

(ii) the protection of public health;

(iii) public security, including the safeguarding of the
security and defence of Gibraltar;

(iv) the protection of consumers, including investors;

(b) taken against an on-demand audiovisual media service which
prejudices the objectives referred to in paragraph (a) or which
presents a serious and grave risk of prejudice to those
objectives; and

(c) is proportionate to those objectives.

(3) The measures that the Authority may adopt pursuant to subsection
(2) shall include the immediate cessation of the service or its cessation
within a stated time frame.

(4) Subject to subsection (5), the Authority shall take a measure
pursuant to subsection (2) where the following conditions are satisfied

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(a) the Member State under whose jurisdiction the provider falls
has been asked to take measures and that Member State has not
taken such measures, or, if it has, they were inadequate;

(b) the Commission and the Member State under whose
jurisdiction the provider falls have been informed of the
Authority’s intention to take such measures;

(c) where the reason for the intended adoption of a measure is the
safeguarding of the internal security or defence of Gibraltar
and is of such a nature as to fall within the Governor’s
constitutional responsibilities and the Governor has informed
the Minister that the measure needs to be taken who so directs
the Authority.

(5) The Authority may take a measure pursuant to subsection (2)
without complying with the requirements of subsection (4) (a) and (b)
where it deems the matter to be of urgency, but shall, in such cases, ensure
that the Commission and the relevant Member State, are notified as soon as
practicable of the measure taken, and indicate the reasons for the urgency.

(6) The Authority shall–

(a) put an end, as a matter of urgency, to any measure it adopts
pursuant to subsection (2);

(b) refrain from adopting a proposed measure pursuant to
subsection (2),

where the Commission informs it, in accordance with Article 3(6) of the
AVMS Directive, that the measure, or proposed measure, is contrary to
European Union law.

(7) Where an on-demand audiovisual media service provider under
Gibraltar jurisdiction is in breach of a legislative or administrative provision
in a Member State which is equivalent to subsection (2) above, that on-
demand audiovisual media service provider commits an offence under this
Act.

(8) Any person who continues to provide an on-demand audiovisual
media service contrary to a measure adopted by the Authority pursuant to
subsection (2) commits an offence.

(9) A person who commits an offence under subsections (7) or (8) is
liable–

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(a) on summary conviction, to imprisonment for a term not
exceeding six months or to a fine not exceeding level 5 on the
standard scale or to both; or

(b) on conviction on indictment, to imprisonment for a term not
exceeding 2 years or to a fine or both.

European works (on-demand audiovisual services).

41A.(1) On-demand audiovisual media services provided by media service
providers under Gibraltar jurisdiction shall promote, where practicable and
by appropriate means, the production of and access to European works.

(2) The promotion referred to in subsection (1) may relate, in particular,
to the financial contribution made by such services to the production and
rights acquisition of European works or to the share or prominence of
European works in the catalogue of programmes offered by the on-demand
audiovisual media service.

(3) The Authority shall ensure that reports are sent to the Commission in
accordance with the AVMS Directive on the implementation of this section.

Special provisions concerning broadcasts from outside Gibraltar.

42.(1) This section applies where–

(a) by reason of this Act or any power possessed by the
Government or the Minister, media service providers within
the jurisdiction of Gibraltar are subject to more detailed and
stricter rules of general public interest than those required by
the AVMS Directive; and

(b) a media service provider under the jurisdiction of a Member
State provides a television broadcast which is wholly or mostly
directed towards Gibraltar.

(2) Where subsection (1) applies, the Authority may contact the Member
State having jurisdiction over the media service provider concerned with a
view to achieving a mutually satisfactory solution to any problems posed by
the difference in rules and regulations.

(3) Where the Authority assesses–

(a) that the results achieved through the application of subsection
(2) are not satisfactory; and

(b) that the media service provider in question has established
itself in the Member State having jurisdiction in order to
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circumvent stricter rules, in the fields co-ordinated by the
AVMS Directive, which would be applicable to it if it were
established in Gibraltar,

it may adopt appropriate measures against the broadcaster concerned.

(4) Measures adopted under subsection (3) shall–

(a) be objectively necessary;

(b) be applied in a non-discriminatory manner;

(c) be proportionate to the objectives being pursued; and

(d) be approved by the Commission as compatible with European
law.

Miscellaneous.

44. Any broadcast made under the jurisdiction of a Member State under the
AVMS Directive is not a broadcast authorised by or under this Act.


PART IX
CONTINUANCE AND CONSTITUTION
OF THE GBC

Continuance of the Gibraltar Broadcasting Corporation and
appointment of Board.

47.(1) The Gibraltar Broadcasting Corporation, established under the
Gibraltar Broadcasting Act, continues in being.

(2) Subject to this Act, the operations of the GBC shall be controlled and
governed by a Board which shall consist of a Chairman and not more than
nine other members appointed by the Chief Minister, after consultation with
the Leader of the Opposition, by notice in the Gazette.

(3) The Board may appoint a secretary.

Tenure and vacation of membership.

48.(1) The Chairman or any member of the Board shall hold office for such
period as may be specified in the instrument appointing him:

Provided that, if the Minister is satisfied that the Chairman or any member–

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(a) has been absent from meetings of the Board for a period longer
than three consecutive months without the permission of the
Board; or

(b) has become bankrupt; or

(c) is incapacitated by physical or mental illness; or

(d) is otherwise unable or unfit to discharge the functions of
Chairman or member,

the Minister may by notice in the Gazette declare his office as Chairman or
a member of the Board to be vacant and thereupon his office shall become
vacant.

(2) Notwithstanding the foregoing provisions of this section the Chairman
or any member may resign his office by giving written notice to the
Minister.

(3) The Chairman or any member of the Board who ceases to be a
member shall be eligible for re-appointment.

Meetings and proceedings.

49.(1) The quorum at all meetings of the Board shall be four voting
members including the Chairman or other person presiding.

(2) At all meetings of the Board the Chairman or, in his absence, such
member as the Board may select shall preside.

(3) All questions coming or arising before a meeting of the Board shall be
decided by a majority of the persons present qualified to vote and voting
thereon at the meeting, and, in the case of an equality of votes, the person
presiding shall have a second or casting vote.

(4) The Board may appoint committees and, subject as aforesaid, may
make rules governing their own procedure and that of their committees.

(5) All orders and directions of the Board shall be made or given under the
hand of the Chairman or secretary of the Board.

GBC to be body corporate.

50.(1) The GBC shall be a body corporate under the name of the Gibraltar
Broadcasting Corporation with perpetual succession and a common seal
which shall be officially and judicially noticed and with power to acquire
and hold land. The seal shall be authenticated by the signature of the
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Chairman and one other member of the Board authorised either generally or
specially by the Board to act in that behalf.

(2) The GBC may sue and be sued in its corporate name. Service of any
process or notice on the GBC may be effected by leaving the same at the
office of the GBC, with the Chairman or secretary of the Board.

No personal liability to attach to members.

51. Subject to the provisions of Part XII of this Act no personal liability
shall attach to any member of the Board in respect of anything done or
suffered in good faith and without negligence under the provisions of this
Act.

PART X
FUNCTIONS OF THE GBC

Duties and powers of the GBC.

52.(1) It shall be the duty of the GBC to establish, maintain and operate a
radio and television broadcasting service which shall have the character of a
public service, be free-to-air and be made available to the whole community
in Gibraltar as a means of information, education and entertainment and to
develop the service to the best advantage and interest of Gibraltar.

(2) The GBC shall have power to provide radio and television
programmes to the public.

(3) Subject to any directions of the Authority, the Board shall be
responsible for the policy to be adopted by the GBC in the provision of such
services.

(4) Policies adopted by the GBC shall take account of the requirements of
this Act.

Powers of the GBC.

53.(1) Subject to the provisions of this Act the GBC may do all things
necessary and convenient for the carrying out of its duties under this Act.

(2) Without prejudice to the generality of the provision of subsection (1)
the GBC may–

(a) purchase or otherwise acquire and hold any personal property
required for the purposes of this Act and may dispose of any
such personal property no longer required for such purpose;

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(b) purchase or otherwise acquire and hold and may take on lease
any real property and any interest therein required for the
purposes of this Act;

(c) provide to, and receive from, other persons, material to be
broadcast;

(d) organise, provide and subsidise public entertainment for
broadcasting;

(e) collect news and information in or from any part of the world
and in any manner that may be thought fit and establish and
subscribe to news agencies;

(f) acquire or sell copyright;

(g) erect, equip and maintain plant, buildings, stations and
equipment necessary for broadcasting;

(h) employ, remunerate and terminate the appointment of a
manager and such other servants as it may deem requisite;

(i) provide for persons in its employ or their dependants by means
of insurance, pension or provident fund or otherwise, pecuniary
benefits upon retirement, death or termination of service or in
the event of illness;

(j) contract with any person or Government for the supply of
services essential to broadcasting;

(k) provide broadcasting facilities for commercial, social or
recreational organisations including the broadcasting of
advertisements and make charges therefore;

(l) compile and prepare, print, publish, issue, circulate and
distribute, whether gratis or otherwise, such papers, magazines,
periodicals, books and other literary matter as may seem
conducive to the objects of the GBC or enter into a contract
with any person for that purpose;

(m) make payments to the Chairman and members of the Board in
respect of expenses incurred by them with the authority of the
Board;

(n) borrow money for the purposes of the GBC in any way,
including the issuing of bonds or debentures as it shall think fit;

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(o) form such corporation or partnership as subsidiaries of the
GBC as the Chief Executive may advise, subject to approval of
the Board.

Appointment of Chief Executive.

54.(1) The Board shall appoint a person to be the Chief Executive of the
GBC.

(2) The Chief Executive shall be appointed for such term and may be re-
appointed for such additional terms as the Board may determine.

(3) The Chief Executive shall perform such functions, and exercise such
powers as are from time to time conferred upon him by this or any other Act
or regulation or are delegated to him by the Board.

(4) The Chief Executive shall, with the approval of the Board, additionally
be responsible for drawing up and implementing codes for regulating the
terms of service, discipline and training of all persons employed by the
GBC.

(5) In the event of the absence from Gibraltar of the Chief Executive for a
period in excess of four days, the Chief Executive shall appoint an officer of
the GBC to act as Chief Executive for a period of time not exceeding one
month.

(6) If the Board is satisfied that the Chief Executive

(a) has been absent from three consecutive meetings of the Board
without the permission of the Board.

(b) has become bankrupt;

(c) has been convicted of a criminal offence punishable by a term
of imprisonment of 3 months or more;

(d) is incapacitated by physical or mental illness;

(e) is in material breach of the terms under which he was
appointed; or

(f) is otherwise unable or unfit to discharge the functions of the
Chief Executive,

the Board may declare his office to be vacant.

Delegation of functions.

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55.(1) Subject to any express provision to the contrary contained in this or
any other Act, the Board may delegate the discharge of any of its functions
to the Chief Executive or to such other person or persons as the Board may
propose.

(2) The delegation by the Board of any of its functions shall not affect the
exercise by the Board of such functions.


PART XI
ACCOUNTS

Establishment and operation of general fund.

56. The GBC shall establish a general fund–

(a) into which all moneys received by the GBC shall be paid; and

(b) out of which all payments made by the GBC shall be paid.

Accounts and audit.

57.(1) The GBC shall keep proper accounts and other records in relation
thereto and shall prepare in respect of each financial year a statement of
accounts.

(2) The accounts of the GBC shall be audited by a statutory auditor or
audit firm registered under the provisions of the Financial Services
(Auditors) Act 2009.

(3) The auditors shall, with reference to the accounts of the GBC, report–

(a) whether they have obtained all the information and
explanations which to the best of their knowledge and belief
were necessary for the purposes of their audit;

(b) whether, in their opinion, proper books of account have been
kept by the GBC, so far as appears from their examination of
those books;

(c) whether the GBC’s balance sheet and statement of income and
expenditure are in agreement with the books of account;

(d) whether, in their opinion, and to the best of their information
and according to the explanations given them, those accounts
give a true and fair view–

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(i) in the case of the balance sheet, of the state of the GBC’s
affairs as at the end of its financial year; and

(ii) in the case of the statement of income and expenditure,
of the income and expenditure for its financial year; and

(e) whether the provisions of this Act and any directions of the
Authority, in so far as they relate to the accounts, have been
complied with.

The GBC’s powers with regard to receipt of money.

58. The GBC is hereby empowered to receive and apply for the furtherance
of its purposes–

(a) all funds which may from time to time be voted by Parliament
for the purposes of the GBC; and

(b) revenue accruing television licences and advertisements; and

(c) any money properly accruing to the GBC from any other
source.

Financial year.

59. The financial year of the GBC shall coincide with that of the
Government.

Annual report and periodical returns.

60.(1) The GBC shall within six months of the end of each financial year
furnish to the Minister, and copied to the Authority–

(a) a report dealing with the activities, policy and financial
position of the corporation during that year; and

(b) a copy of the GBC’s accounts for that year audited in
accordance with the provisions of section 57(3) together with
the auditor’s report thereon.

(2) The Minister shall, at the earliest available opportunity, lay a copy of
every such annual report and audited accounts before Parliament.

(3) The GBC shall furnish to the Minister or the Authority such financial
and statistical returns as they may from time to time require.

PART XII
LEGAL PROCEEDINGS
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AGAINST THE GBC

Proceedings on failure of the GBC to comply with Act.

61. If the GBC fails to comply with the requirements of this Act the
Authority may apply to the Supreme Court for an order compelling the
Board to remedy the default specified, and the Supreme Court may make
such order on the application as it thinks fit, including an order as to costs.
Any such order may be positive or negative in its terms, and the Chairman
and every member of the Board shall be personally liable for compliance
therewith to the best of his ability.

Complaints in respect of broadcasting matters.

62. The exercise of any discretionary power with respect to broadcasting
content made by the GBC shall not be challenged except by way of a
complaint to the Authority.

No suit against the GBC without prior written notice.

63.(1) No civil suit shall be commenced against the GBC before the expiry
of one month after written notice of intention to commence such suit shall
have been served upon the GBC by or on behalf of the intending claimant.

(2) A notice of intention issued under subsection (1) shall be served as
soon as practicable after the accrual of the cause of action and shall clearly
and explicitly state–

(a) the cause of action;

(b) full particulars of the claim;

(c) the name and physical address of the intending claimant; and

(d) the relief claimed.

Service of documents.

64. A notice of intention issued under the provisions of section 63 and any
summons, notice or other document required or authorized to be served
upon the GBC under the provisions of this Act or of any other written law
may, unless there is in any case specific provision to the contrary, be served
by delivering the same to the Chairman or the Secretary of the Board, or by
sending it by registered post to the secretary at the principal office of the
GBC.

Restriction on execution.

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65.(1) No execution by attachment of property or process in the nature
thereof shall be issued against the GBC in any suit against the GBC.

(2) Any sum of money which may by judgment of any court be awarded
against the GBC shall, subject to any direction given by the court where
notice of appeal has been given by the GBC in respect of such judgment, be
met from the funds of the GBC.

PART XIII
EMERGENCY POWERS

Provisions applicable in miscellaneous conditions.

66.(1) If at any time the Governor is satisfied that it is necessary for the
preservation of internal security that the Government should have control
over broadcasting in Gibraltar, he may declare that the provisions of this
section shall come into operation and thereupon he or any person authorised
by him in writing may–

(a) take possession of any transmitting station, apparatus or
equipment owned or operated by any broadcaster, and use such
station, apparatus or equipment for official purposes; or

(b) place any person in control of such station, apparatus or
equipment; or

(c) direct the broadcaster to submit to him all or any
communication or matter tendered for broadcasting; or

(d) stop or delay or direct the broadcaster to stop or delay the
broadcasting or delivery of any such matter or communication
or to deliver them to him; or

(e) direct the broadcaster to comply with all such directions as he
may think fit to give with reference to broadcasting.

in this subsection, “broadcasting” means any broadcasting services to which
this Act applies.

(2) If and whenever the Governor exercises the powers conferred upon
him by subsection (1) the broadcaster shall be entitled to receive from the
Government–

(a) compensation for any damage done to the property of the
broadcaster, being damage directly attributable to the exercise
of any such powers; and

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(b) such sums as are required to defray any expenses or meet any
liabilities which, regard being had to the nature of the
circumstances, have been properly and necessarily incurred by
the broadcaster in respect thereof.

(3) In any case of dispute as to the amount of compensation payable under
this section, the amount of the compensation shall be determined by
reference to a single arbitrator and any such reference shall be deemed to be
a submission for the purposes of the Arbitration Act and shall be dealt with
in accordance with the provisions of that Act.

PART XIV
LEGAL CHALLENGES TO THE POWERS
EXERCISED UNDER THIS ACT

Appeals.

67.(1). This section shall apply to the following decisions of the Authority,
taken on or after the date when this section shall have come into effect–

(a) a decision to grant or renew, or refuse to grant or renew, a
licence;

(b) a decision to include within a licence particular terms,
provisions or limitations;

(c) a decision with regard to the variation of any term, provision or
limitation in a licence;

(d) a decision to revoke a licence;

(e) any decision to suspend retransmissions made pursuant to
sections Part VII of this Act;

(f) any decision giving rise to a complaint under section 39(10) of
this Act.

(2) Subject to subsection (5), a person aggrieved by a decision to which
this section applies may appeal against the decision to the Supreme Court on
any one or more of the following grounds–

(a) that a material error as to the facts has been made;

(b) that there was a material procedural error;

(c) that a material error of law has been made;

(d) that there was some other material illegality.
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(3) An appeal of the nature referred to in subsection (2) lies to the
Supreme Court.

(4) The Supreme Court determining an appeal of the nature referred to in
subsection (2) may–

(a) dismiss the appeal; or

(b) quash the decision and may refer the matter to the Authority
with a direction to reconsider it and reach a decision in
accordance with the findings of the Supreme Court.

(5) No appeal under this section shall be brought unless the leave of the
Supreme Court has been obtained in accordance with such rules as may be
made under paragraph (a) of subsection (11).

(6) An appeal under this section shall be brought as soon as reasonably
practicable and in any event not later than three months from the date on
which the Authority made its decision or within such other period as may be
specified in such rules as may be made under paragraph (b) of subsection
(11).

(7) The bringing of an appeal under this section shall not operate to
suspend the effect of the decision appealed against saving that the Court
may award such interim relief as it sees fit.

(8) Except as provided by this section, the validity of a decision to which
this section applies shall not be questioned in any legal proceedings
whatsoever.

(9) If by reason of any default on the part of the person who has instituted
an appeal in accordance with this section, the appeal has not been
determined by the Supreme Court within three months of the date of the
notice of appeal or application by which the appeal was instituted, the
Authority may apply to the Supreme Court, by a summons served on the
person who has instituted the appeal in accordance with this section, to
show cause why the appeal should not be dismissed for want of prosecution,
and upon the making of such an application the Supreme Court may dismiss
the appeal or make such other order as it considers just.

(10) A decision of the Supreme Court under this section shall be final as
to any question of fact, but an appeal shall lie to the Court of Appeal on any
question of law.

(11) The Chief Justice may make rules prescribing any one or more of the
following–

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(a) a procedure for obtaining the leave referred to in subsection
(5);

(b) the other period referred to in subsection (6);

(c) the court fees payable in making an appeal of the nature
referred to in subsection (2);

(d) the forms and the procedure for such appeals.

PART XV
MISCELLANEOUS

Acquisition of lands.

68. It is hereby declared for the avoidance of doubt that for purposes of the
Land (Acquisition) Act the provision and maintenance of sound and
television services by broadcasting or wired circuits shall be deemed to be
public purposes.

Offences.

69.(1) It is an offence for any person to be responsible for any act or
omission contrary to the provisions of this Act or required to be done by the
Authority pursuant to the provisions of this Act.

(2) Any person found guilty of an offence contrary to subsection (1) is
punishable on summary conviction to a fine not exceeding twice level 5 on
the standard scale.

Offences by corporate bodies.

70.(1) Where a corporate body is guilty of an offence under this Act or
regulations made under it or both and that offence is proved to have been
committed with the consent or connivance of, or to be attributable to any
neglect on the part of, any director, manager, secretary or other similar
officer of the corporate body or any person who was purporting to act in any
such capacity he, as well as the corporate body, shall be guilty of that
offence and shall be liable to be proceeded against and punished
accordingly.

(2) Where the affairs of a corporate body are managed by its members,
subsection (1) shall apply in relation to the acts and defaults of a member in
connection with his functions of management as if he were a director of the
corporate body.

Continuation of the offence.


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70A. Without prejudice to the right to bring separate proceedings for
contraventions of this Act taking place on separate occasions, a person who
is convicted of an offence under this Act shall, where the offence continues
after the conviction–

(a) be deemed to commit a separate offence in respect of every day
on which the offence so continues; and

(b) be liable on summary conviction or on conviction on
indictment as the case may be, together with such liability as
may be stipulated in this Act, to a fine not exceeding level 5 on
the standard scale for each such day.

Summary proceedings.

71.(1) Where a corporate body commits an offence under this Act or
regulations made under it or both and that offence is proved to have been
committed with the consent or connivance of, or to be attributable to any
neglect on the part of, any director, manager, secretary or other similar
officer of the corporate body or any person who was purporting to act in any
such capacity he, as well as the corporate body, shall commit an offence and
shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a corporate body are managed by its members,
subsection (1) shall apply in relation to the acts and defaults of a member in
connection with his functions of management as if he were a director of the
corporate body.

Civil proceedings.

71A. Subject to Part XII, nothing in this Act shall limit any right of any
person to bring civil proceedings in respect of any act or omission rendered
unlawful by any provision of this Act, and, without prejudice to the
generality of the preceding words, compliance with the provisions of this
Act, contraventions of which are declared to be offences under this Act,
shall be enforceable by civil proceedings by the Authority for an injunction
or for any other appropriate relief.

Time limit for bringing proceedings.

72. Proceedings for any offence under this Act or regulations made under it
or both which is punishable on summary conviction may be commenced at
any time within twelve months next after the commission of the offence.

Regulatory co-operation.

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72A.(1)The Authority shall co-operate with the regulatory bodies in the
Member States which are responsible for ensuring compliance with the
AVMS Directive in their Member States, particularly when necessary–

(a) to carry out its duties under this Act;

(b) to assist the regulatory bodies in the Member States in the
exercise of their duties pursuant to the AVMS Directive;

(c) to provide each other with the information necessary for the
application of the AVMS Directive and in particular Articles 2,
3 and 4 thereof.

(2) The Authority shall notify the Commission of any information it
provides pursuant to paragraph (c) of subsection (1).

Co-operation with Member States.

72B.(1)Where the Authority–

(a) receives, under Article 4 of the Audiovisual Media Services
Directive, a request from a Member State relating to a relevant
broadcaster, and

(b) considers that the request is substantiated,

it must ask the broadcaster to comply with the rule identified in that request.

(2) The Authority shall enforce the rule referred in subsection (1) as if it
were a rule provided for under this Act.

(3) In this section “relevant broadcaster” means a broadcaster who is
under Gibraltar jurisdiction.

Repeals and transitional provisions.

73.(1) The Gibraltar Broadcasting Corporation Act is repealed.

(2) If it appears to the Minister requisite or expedient to do so in order to
secure the operation of broadcasting whilst this Act comes into effect, he
may prescribe different days for the repeal of different provisions of the
Gibraltar Broadcasting Corporation Act.

(3) The Audiovisual Media Services Regulations 2011 are revoked.

Application to the Crown.

74.(1) This Act binds the Crown.
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(2) For the purposes of this Act each Government department shall be
treated as a person separate from any other Government department.

Force Majeure.

75. Notwithstanding any provision herein, or in any regulations made
hereunder to the contrary, neither the Minister nor the Authority shall have a
duty or obligation to do, omit to do, ensure or prevent any act or thing, nor
any other duty or obligation, which he or it, as the case may be, is prevented
or impeded from doing, omitting, ensuring, or preventing in reasonable and
usual manner and terms by the actions of a member State and circumstances
outside the control of the Minister, the Authority or the Government.

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Section 17
SCHEDULE 1

LIST OF MATTERS TO TAKE INTO ACCOUNT:

1. The need to ensure where practicable compliance with Articles 4 and 5
of the AVMS Directive with respect to the transmission of European works;

2. Any failures to comply with any requirements of the Act;

3. Such need for Public Service Broadcasting as exists;

4. Codes of practice;

5. Any defaults by the broadcaster or applicant for a licence;

6. Any conduct by the broadcaster or applicant as is relevant to his fitness
to act as broadcaster or to such conditions as need be imposed;

7. Insolvency proceedings of any form;

8. Defamation proceedings with respect to publications with which the
broadcaster is associated.

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Section 18
SCHEDULE 2

RESTRICTION ON THE HOLDING OF LICENCES

1. The following persons are disqualified persons in relation to a licence
granted by the Authority –

(a) the Government of Gibraltar;

(b) a body whose objects are wholly or mainly of a political
nature;

(c) a body affiliated to a body falling within paragraph (b);

(d) an individual who is an officer of a body falling within
paragraph (b) or (c);

(e) a body corporate which is an associate of a body corporate
falling within paragraph (b) or (c);

(f) a body corporate in which a body falling within any of
paragraphs (a) to (c) and (e) is a participant with more than a 5
per cent interest;

(g) a body which is controlled by a body corporate falling within
paragraph (f).

Disqualification of religious bodies.

2.(1) The following persons are disqualified persons in relation to a licence
granted by the Authority–

(a) body whose objects are wholly or mainly of a religious nature;

(b) body which is controlled by a body falling within paragraph (a)
or by two or more such bodies taken together;

(c) body which controls a body falling within paragraph (a);

(d) a body corporate which is an associate of a body corporate
falling within paragraph (a) or (b);

(e) a body corporate in which in which a body falling within any
of paragraphs (a) to (c) is a participant with more than a 5 per
cent interest;
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(f) an individual who is an officer of a body falling within
paragraph (a); and

(g) a body which is controlled by an individual falling within
paragraph (e) or two or more such individuals taken together.

(2) If on an application made to it under this sub-paragraph the Authority
is satisfied that it is appropriate for a person to hold a particular kind of
licence, being a person who, apart from this sub-paragraph, would be a
disqualified person in relation to any such licence by virtue of sub-
paragraph (1), it shall make a determination to the effect that it are so
satisfied; and so long as any such determination remains in force in relation
to that person, sub-paragraph (1) shall not apply to him in relation to any
such licence.

(3) The Authority shall publish, in such manner as it considers
appropriate, general guidance to persons making applications to it under
sub-paragraph (2) as to the principles to be applied by it in determining
whether it is appropriate for such persons to hold licences falling within
paragraph (a) or (as the case may be) paragraph (b) of that sub-paragraph.

Disqualification of publicly-funded bodies.

3. The following persons are disqualified persons in relation to any licence
granted by the Authority other than a licence to provide a restricted service–

(a) a body, other than the GBC, which has, in its last financial
year, received more than half its income from public funds;

(b) a body which is controlled by a body falling within paragraph
(a) or by two or more such bodies taken together; and

(c) a body corporate in which a body falling within paragraph (a)
or (b) is a participant with more than a 5 per cent interest.

General disqualification on grounds of undue influence.

4.(1) A person is a disqualified person in relation to a licence granted by the
Authority if in its opinion–

(a) any relevant body is, by the giving of financial assistance or
otherwise, exerting influence over the activities of that person,
and

(b) that influence has led, is leading or is likely to lead to results
which are adverse to the public interest.

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(2) In sub-paragraph (1) “relevant body” means any body either falling
within paragraph (1) above or controlled by one or more bodies falling
within that paragraph.

General disqualification of advertising agencies.

5. The following persons are disqualified persons in relation to a licence
granted by the Authority –

(a) an advertising agency;

(b) an associate of an advertising agency;

(c) any body which is controlled by a person falling within sub-
paragraph (a) or (b) or by two or more such persons taken
together;

(d) any body corporate in which a person falling within any of sub-
paragraphs (a) to (c) is a participant with more than a 5 per cent
interest.

Restrictions applying where control of or by newspaper proprietor may
operate against public interest.

6. A licence may not be granted to a body corporate which is, or is
connected with, the proprietor of a newspaper published in Gibraltar if the
Authority determines that in all the circumstances the holding of the licence
by that body corporate could be expected to operate against the public
interest.

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Section 23
SCHEDULE 3

COVERAGE OF ANY ELECTION AND REFERENDUM

1.(1) The Authority shall set, and from time to time review and revise, a
code of practice for the content of programmes to be included in television
and radio services in Gibraltar in relation to any election or referendum.

(2) The standards referred to in sub-paragraph (1) shall secure that–

(a) programmes, and in particular news, included in television and
radio services shall be presented with due accuracy and
impartiality in accordance with paragraph 2 below; and

(b) advertising which is inserted by or on behalf of a body whose
objects are wholly or mainly of a political nature, or an
advertisement which is directed towards a political end, is not
included in television or radio services.

(3) Broadcasters in Gibraltar shall comply with the code of practice set by
the Gibraltar Regulatory Authority under sub-paragraph (1).

(4) For the purposes of this paragraph "news" means news in whatever
form it is included in a service.

(5) For the purposes of this Act, "broadcaster" means the broadcaster of a
television or radio service, or both, which is made available for reception by
the public in Gibraltar.

Due impartiality and undue prominence.

2.(1) The code of practice shall require that television and radio services
shall exclude all expressions of the views or opinions of the person
providing the services on any of the following matters–

(a) matters of political controversy; and

(b) matters relating to public policy,

and shall preserve due impartiality on the part of the person providing the
service as regards those matters.

(2) Programmes included in television and radio services shall not give
undue prominence to the views and opinions of particular persons or bodies
on any of those matters.

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(3) The requirements specified in sub-paragraph (1) may be satisfied by
being satisfied in relation to a series of programmes taken as a whole.

(4) The requirement specified in sub-paragraph (2) is one that needs to be
satisfied only in relation to all the programmes included in the service in
question taken as a whole.

Objects of a political nature and political ends.

3.(1) For the purposes of paragraph 1(2)(b), objects of a political nature and
political ends include–

(a) influencing the outcome of any election or referendum;

(b) influencing public opinion on a matter which, in Gibraltar, is a
matter of public controversy; and

(c) promoting the interests of a party or other groups of persons,
organized in Gibraltar or elsewhere, for political ends.

(2) However, subparagraph (1) is not to apply to, or to be construed as
prohibiting, the inclusion in a television or radio service of a political
broadcast under paragraph 4.

Political broadcasts.

4.(1) Any broadcaster in Gibraltar shall include in its radio and television
services political broadcasts made on behalf of–

(a) political parties with candidates standing at the election; and

(b) individual independent candidates.

(2) The standards referred to in paragraph 1(1) shall include conditions
governing political broadcasts.

(3) The Authority may, in particular, include provision for determining, in
relation to each political party and individual independent candidate on
whose behalf such broadcasts may be made, the length and frequency of the
broadcasts.