Journalists and authors have slammed the Broadcasting Authority's decision to fine RTK 103 when a presenter said he would refuse airtime to "racist" Norman Lowell.
The Institute of Maltese Journalists also expressed concern that the secretary of the Broadcasting Authority's board is a former member of the far-right party led by Lowell himself.
On Tuesday, RTK 103 was ordered to pay €1,750 after show host Andrew Azzopardi said he would never allow Lowell on his show.
Lowell is the leader of Imperium Europa. In 2013, an appeals court confirmed a Magistrates' Court judgment 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.
Reacting, RTK 103 said the Broadcasting Authority was “indirectly defending” a person convicted of inciting racial hatred, when it fined the Church-owned radio station.
The station is appealing for funds to support the programme and the station to consider further legal action.
On Thursday, PEN Malta called the BA's decision "disgraceful" while referring to Lowell as a “racialist” and a "notorious Nazi sympathiser".
The decision, it said was "nothing short of an egregious display of absurdity and an assault on the presenter's freedom of speech".
Penalising a station for rejecting a purveyor of hate speech and racial animosity like Lowell was a slap in the face to common decency and journalistic integrity, PEN Malta said.
"Racism should never be legitimised as a political view, and the authority's failure to recognise this is shameful."
The courts had found Lowell guilty of inciting hatred and therefore, Azzopardi’s term was not used frivolously or as an insult, it said, adding that irrespective of that, Azzopardi had the fundamental right to free speech in declaring himself against hosting a "Nazi sympathiser" on his programme and could not be penalised for saying so.
"This spineless move exposes the institution's blatant detachment from contemporary values and its alarming lack of commitment to combating hate.
"It is a shameful testament to the BA's irrelevance and moral bankruptcy. It has now set a worrying precedent for Maltese broadcasters. Malta has enough racism as it is. The last thing we need is to institutionalise it."
'Comments that Lowell is racist, xenophobic based on facts'- IĠM
In a separate statement, the Institute of Maltese Journalists (IĠM) said Azzopardi's comments that Lowell was racist and xenophobic were "based on facts that emerged from court judgments".
IĠM expressed solidarity with Azzopardi and RTK103, saying it disagreed with the BA's decision.
"Azzopardi had the right to argue that people who are racist are not invited to his programme as this remains the station’s editorial discretion.
"It also falls within the parameters of freedom of speech. We also understand that a person who is mentioned in a programme should have the right of reply if their intentions or actions are misrepresented or are subject to defamation, as the Media and Defamation Act says after all."
The IĠM said it felt that the host had based his argument on facts that emerged from court judgments and therefore there was no obligation for Lowell to be heard necessarily. Despite this, the station offered the right of reply on which there was no agreement.
"If Lowell felt defamed, he could seek redress in court and not ask for a decision from the BA, which, in this case, acted as accuser and judge at the same time.
Secretary of BA board was active member of Imperium Europa
The IĠM said it is also concerned that the secretary of the authority's board, Dr Adriano Spiteri, was an active member of Imperium Europa until a few years ago.
This is a situation that casts doubt on the impartiality of the board, as much as it is worrying that the appointment of the board depends only on people nominated by the two political parties represented in the parliament.
The IĠM therefore could not agree with the "unjust decision" which, it said, opened the door to "a dangerous precedent" where anyone who thinks they have suffered unfair treatment seeks satisfaction from the authority.