According to the Malta Film Commission Act, Chapter 478 of the laws of Malta, an audiovisual production is considered to be a ‘qualifying production’. This production needs to be partially or wholly carried out in Malta and should be intended for international distribution for cinema and international telecast (including video on demand and subscription video on demand platforms).
The production needs to make a valid contribution to the expression of creativity and culture through the development of production capability skills. The cultural aspect is verified against a predetermined list of criteria established by the film commissioner.
The law also provides various types of audiovisual work which are welcomed in Malta catering for different types of audiovisual productions. Films, television production (including film, series or mini-series and pilots), game shows and reality shows are all similar and considered to form part of the term audiovisual productions. Game and reality shows will only be accepted on the condition that they directly or indirectly promote the Maltese Islands and its culture abroad.
Creative documentaries should be based on an original theme, which is considered to be relevant so that there would be no loss of interest even if the event for which it was created passed. Moreover, this needs to be original and does not merely report information.
The audiovisual work shall not be deemed to be a qualifying production if it comprises or is substantially based on:
(i) any public or special performance(s) staged for filming or otherwise;
(ii) any sporting event;
(iii) current affairs or talk shows;
(iv) demonstration programmes for tasks, hobbies or projects;
(v) review, magazine-style, or lifestyle programmes;
(vi) advertising programmes or advertisements;
(vii) pornographic content;
(viii) computer games.
There are various grants in existence which promote and attract more audiovisual productions to Malta. The following are the two major ones;
- The Malta Film Commission under the auspices of the Ministry for Tourism is responsible for the management and administration of the Malta Film Fund. In accordance with Budgetary Measures 5641 the Malta Film Fund has a total allocation of €350,000. For further information on the guidelines to qualify for such grant please access this link; https://maltafilmcommission.com/malta-film-fund/wp-content/uploads/2018/10/Malta-Film-Fund-Guidelines-GENERAL-updated-03-10-2018-1.pdf
- Grants provided for by the Malta Arts Council, encourage the production of innovative creative documentaries and culture programmes that include coverage of live music and theatre performances. To be considered eligible, a project needs to be a quality-driven television programme that can be aired on a private television station. For further information on the guidelines to qualify for such grants, please access this link; https://www.artscouncilmalta.org/funds/kulturatv/main-strand/faqs
This shall not be construed to be as advice but shall merely serve as a brief description of what classifies as an audiovisual production under Maltese law. For any legal advice, please do not hesitate to contact us on [email protected].