Appeal court confirms judgment on EU spots

A Civil Court judgment authorising the Nationalist Party to broadcast EU information spots on state television was yesterday confirmed by the Court of Appeal.

The PN had claimed, at the time, that Malta's proposed entry into the European Union was a matter of political controversy and a question of current policy and that the Maltese electorate would (then) shortly be called upon to make its political choice in a referendum.

With effect from June 2002, the MLP had been authorised by the Broadcasting Authority to air spots on the issue of Malta's EU membership on Public Broadcasting Services Limited. The authority had authorised the MLP to broadcast its spots on PBS free of charge. The PN had repeatedly requested to be awarded the same facility to broadcast its own spots on PBS but the authority had dismissed its request on October 1, 2002.

The PN claimed in its writ the authority was bound to ensure that suitable impartiality was maintained in broadcasting on issues of political controversy or current public policy and this in terms of both the Broadcasting Act and the Constitution.

The authority was bound to ensure that broadcasting facilities and times were suitably distributed between persons of different political leanings.

The Civil Court, in November 2002, upheld the PN's writ and ruled that the decision by the authority to authorise the MLP to broadcast its spots on EU membership, which decision was taken to redress the imbalance the authority thought existed, had given rise to another imbalance. As a result of the decision, one political party was broadcasting facts about the EU while another political party was not being given the same broadcasting facilities.

The Civil Court declared that it was not going to enter into the issue of how facts were being presented by MIC or the MLP.

However, the court was of the opinion that the remedy granted to the MLP had created a situation whereby one political party was broadcasting a message to the public not to join the EU while another political party was not being given the opportunity to broadcast its message in favour of membership.

According to the constitution, broadcasting time and facilities had to be shared by the political parties but the PN was not being given any facility to broadcast its message.

The court concluded by finding that the decision taken by the authority on October 1 had created an imbalance in broadcasting and discriminated against the PN.

The authority was ordered to issue all directives as were necessary to maintain balance in broadcasting and to give the PN the same rights as those granted to the MLP.

Both the Authority and PBS lodged an appeal from this judgment to the Court of Appeal composed of Chief Justice Vincent DeGaetano, Mr Justice Joseph D. Camilleri and Mr Justice Joseph A. Filletti.

The appeal court however dismissed their appeal and confirmed the Civil Court judgment.