A controversial media law that was meant to be approved in Parliament’s committee stage today was postponed as new amendments were proposed by the government and one of its backbenchers.

Media owners have warned that the new law, which limits online audiovisual advertising, could kill internet news shows, especially in a local context where media houses already have to compete for advertising space with the publicly-funded State broadcaster and two stations owned by political parties. 

The new law, based on EU Directive 2018/1808, puts online video content on par with traditional TV when it comes to advertising regulation, meaning the video content of online news portals would fall under the remit of the Broadcasting Authority. Among other things, the proposed law would prevent news and current affairs programmes from being sponsored, having product placement or showing pop-up ads.

Opposition MP Therese Comodini Cachia began today’s parliamentary session by asking for Parliament to postpone the adoption of the law until the government could meet stakeholders and find a suitable way forward. She said it was clear that stakeholders had not been properly consulted about the changes and how they would be affected by them. 

Broadcasting Minister Carmelo Abela denied that the process was rushed and said he had gone out of his way to consult stakeholders both before and after the law began to be discussed in Parliament.

He said the committee should begin analysing the law clause by clause and seeing what tweaks needed to be made.

Abela then proposed amendments, one allowing for pop-up advertising on current affairs shows and another making an exception for “TV advertising, teleshopping and product placement” in the clause that disallowed sponsorships.

Labour backbencher Jean Claude Micallef himself proposed an amendment to allow for product placement on all TV and online shows as long as it was transparently identified as commercial information. 

Meanwhile, the Broadcasting Authority said it was planning to give a six-month transitionary period between October 2020 and April 2021, before enforcing any fines. This would also give time to the BA to adapt to the law and provide clear guidelines to media producers.

Due to other commitments, and the need to continue discussions on some problematic clauses, the parliamentary committee decided to postpone the session and set an alternative date, even if this happened after Parliament adjourns for summer recess on Wednesday.

The European Commission had given September 20th as the deadline to adopt this Directive but Minister Abela said there had been some more leeway added due to disturbances caused by Covid.

Earlier in the day, four independent media houses urged government to delay the introduction of this law until it regularised its position with regard to the set up of the BA, the nature of the national broadcaster and the legality of political party stations.

The media organisations pointed out the problematic set up of the BA which is appointed by the two main political parties which have an inherent conflict of interest and are not the right arbiters to oversee independent current affairs productions.

“A perfect example of this is when the BA, which is Constitutionally-obliged to ensure impartiality, allows political party stations to broadcast propaganda-filled news and current affairs programmes, on the pretense that they cancel each other out,” Lovin Malta, MaltaToday, Times of Malta and Malta Independent said in a letter to Prime Minister Robert Abela.

They added that while TV stations can monetize its news and current affairs programmes by selling advertising airtime in various slots around and during programmes, this is not a possibility for online shows since video-sharing platforms like Facebook and YouTube do not allow for this type of advertising, opting instead for transparent paid partnerships which are more appropriate to today’s content and commercial requirements.