EU spots judgments confirmed

The Court of Appeal composed of Chief Justice Vincent De Gaetano, Mr Justice Joseph D. Camilleri and Mr Justice Joseph A. Filletti yesterday delivered two judgments confirming decisions delivered by Mr Justice Joseph R. Micallef in the Civil Court.

The court confirmed the judgment in the case filed by Public Broadcasting Services Limited against the Broadcasting Authority and against the Malta Labour Party which had intervened in the suit.

The court also confirmed the judgment in the case filed by the MLP against the Broadcasting Authority and PBS.

The first court had concluded, in the suit filed by PBS, that the decision taken by the authority on June 6, ordering the broadcast of spots by the MLP on PBS, was proportionate and within the parameters of the Constitution and the law. This decision was therefore binding upon PBS.

The court however upheld PBS's request for a declaration that the Constitution did not distinguish between public and private broadcasting.

The first court had noted that the Constitution made no distinction between the two but the Broadcasting Act did, for it provided that PBS, as the company responsible for public broadcasting, had to observe the fundamental obligation of impartiality as specified in the Constitution.

The Broadcasting Act also distinguished between the two types of broadcasting in that PBS benefited from the licence fees paid by the general public while the private stations did not.

The MLP had won the suit it filed against PBS but not against the BA when the court had ordered state television to broadcast the MLP's spots in terms of the authority's decision.

The authority was ordered to ensure that its directives were obeyed.

Dr Tonio Azzopardi was counsel to PBS, Prof. Ian Refalo was counsel to the BA and Dr Paul Lia and Dr Joseph Brincat were counsel to the MLP.