Right to opt out of contract if several channels are changed

An eight-month long investigation into Melita and Go’s removal of Living TV and Comedy Channel from their line-ups ended yesterday without establishing whether these channels had been transmitted illegally.

The inquiry was ordered in December after a spokesman for Living TV said that Melita and Go had been asked to stop broadcasting the channels “illegally”.

In its decision, the Malta Competition and Consumer Affairs Authority did not deal with this issue but ordered the two service providers to amend their respective television terms and conditions to provide an opt-out in case of a substantial change to their line-up.

The decision stipulates that, as of today, if either provider changes more than 15 per cent of its channel line-up – a minimum of five channels – in any 12-month period, customers must be informed of the changes and given a 30-day notice period during which they can opt out of their contract without being penalised.

The decision does not make any reference to compensation for customers who lost Living and Comedy Central.

The MCCAA also decided that an opt-out, under the same conditions, should be allowed in the event that the terms and conditions are amended for any reason. However, there remains some uncertainty as to whether, by changing their terms and conditions following the MCCAA’s order, the providers will be exposed to potential claims for contract opt-outs from their clients.

When questioned on this particular issue, Go reserved comment pending further clarification. Melita could not be reached for comment.

Living and Comedy Central were dropped from both providers’ channel line-ups last January, following a request from Living TV Group to do so in December.

At the time, a spokesman for Living TV Group had said “We have asked Melita and Go to stop offering our channel illegally to customers in Malta. Living is a channel licensed in the UK, exclusively for audiences in the UK and the Republic of Ireland. We do not have the rights to broadcast our programming to other territories and would not be able to offer the channel to paying Maltese audiences even if we wanted to.”

Parliamentary Secretary Chris Said subsequently asked the Consumer and Competition Department to investigate. Although a decision was promised within a few days, the inquiry stretched to eight months. Sources attributed the delay to the protracted scanning and analysis of various complex contracts and laws.

In a statement issued yesterday, Go welcomed the MCCAA decision, calling it a “constructive way forward to ensure that customers’ rights are respected”. It said it would be implementing the changes to its terms and conditions with immediate effect.

Go also said it would ensure that any information concerning the matter will be clear and easily accessible.