The Broadcasting Authority was “indirectly defending” a person convicted of inciting racial hatred, when it fined Church-owned radio station RTK 103 after presenter Andrew Azzopardi said he would not give Norman Lowell airtime to broadcast his racist views.
In a statement, RTK 103 described the BA’s decision as “illogical” and added that the Constitutional role of the authority “needs to be reviewed with urgency before it becomes a circus authority which endangers the fundamental principles it ought to defend.”
The station iss meanwhile appealing for funds to support the programme and the station to consider further legal action.
Its editor-in-chief Kevin Papagiorcopulo said it would defend two "fundamental principles": the right of every individual not to be discriminated against on the basis of race or ethnicity and the right of freedom of expression.
On Tuesday RTK 103 was ordered to pay €1,750 after Azzopardi said he would never allow "racist" Norman Lowell on his show.
Lowell is the leader of the right-wing Imperium Europa political party and in 2013 an appeals court confirmed a Magistrates' Court judgement finding Lowell guilty of three charges of inciting racial hatred.
Azzopardi's description of Lowell was made as he interviewed the CEO of the Broadcasting Authority, Joanna Spiteri, about the BA's rules on fairness last October.
The host and university professor had questioned how the BA could order him to invite candidates such as Lowell onto his show. He said he would never give Lowell air time.
Josiah Vella, Secretary of Imperium Europa, filed a complaint against Azzopardi, complaining that Azzopardi had breached impartiality rules and was censoring Lowell.
The BA board ruled that Azzopardi had breached article 34 (1) of the Broadcasting Act, which forbids "unjust or unfair treatment."
As a result, the board fined RTK €1,750 for the offence, which also triggered a previously suspended fine of €4,660. The latter fine was issued in 2022 after Azzopardi aired comments by PN leader Bernard Grech on air on election day, in breach of broadcasting rules.
Threat to freedom of expression
RTK 103 said the Broadcasting Authority’s decision was a threat to freedom of expression because the authority inexplicably imposed a fine after Azzopardi expressed an opinion based on facts.
“The Broadcasting Authority’s ruling - penalising RTK 103 and Andrew Azzopardi - for using the term ‘racist’ in Norman Lowell’s regard is illogical because Lowell is himself on record describing himself as a ‘racialist’ - which by any dictionary definition means racist - and he has also been convicted by the Maltese courts of inciting racial hatred. It was for these reasons that Andrew Azzopardi used the term racist. The term was not used frivolously or as an insult, but on the basis of incontrovertible evidence. It is therefore a fair and accurate description,” Papagiorcopulo said.
Moreover, the “potential breach” quoted by the authority’s CEO was on a hypothetical scenario which did not take place, and which was presented to the CEO when interviewed on radio.
“Such an approach sets a dangerous precedent for the Maltese media… In simple terms, the Broadcasting Authority is indirectly defending a person who was criminally convicted by the Courts of Law for inciting racial hatred, by stating that the station ought to give him airtime to broadcast his racist views. Ironically, when that has happened in the past, the same authority fined the station involved (TVM in 2010 and FLiving in 2019) for doing so. We have always maintained that racism has no place in the media and will continue to maintain our stand,” Papagiorcopulo said.
Questions sent to the BA remained unanswered by the time of writing.
Racism is not a political view
The radio station has been backed by human rights NGO the Aditus Foundation and the Daphne Caruana Galizia Foundation, who said in a joint statement that the BA’s decision “is a threat to free speech” and was “inverting the purpose of the authority’s existence.
”The implications of the BA’s decision are that no privately owned broadcaster may refuse to give Norman Lowell or his far-right organisation airtime for fear of being fined by the BA, yet simultaneously faces the possibility of being fined by the BA for providing a platform to a guest whose known views have previously resulted in a successful BA complaint," they said.
Azzopardi’s refusal to obey a potential BA directive to host an extremist on a privately-run radio show is an editorial decision and is legally correct, they said.
It is the prerogative of radio hosts and editors to decide who should be invited on air and there is no legal obligation to comply with a directive that would itself be illegal by ordering a broadcaster to host a guest whose expressed views had previously resulted in sanctions.
They said that racial equality is a fundamental human right which broadcasters and all viewers and listeners have a legal duty to observe, including and particularly the BA whose remit includes ensuring that the fundamental right is observed rather than violated.
They said there was no legal entitlement to foment racial hatred, whether during or outside electoral campaigns.