The Broadcasting Authority has fined PBS €1,164 after finding that Norman Lowell's comments in Bondiplus of May 3 to have been 'manifestly offensive' to the public and could have been avoided.
In a three-page statement this afternoon, the Authority said that it was of the view that it was a mistaken decision for the programme producers to carry this programme live and without editing.
Furthermore, the Authority said it could not understand why such prime time exposure should have been given on state television to a person who was well known for his racial hatred and offensive opinions, a person who had been convicted of racial hatred by the courts and handed a suspended sentence.
Referring to the charge that the programme had violated rules on racism, the BA noted that the discussion had included references to Mr Lowell's absurd and surreal theories, including his racism and his contempt of the Jews. In this context the presenter had prepared himself well to nullify Mr Lowell's prejudice and Mr Lowell had been confronted in a serious and determined manner. The Authority therefore felt that it should not proceed further with this part of the accusation.
The Authority complained, however, that extracts from Mr Lowell's book which were insensitive and offensive had been quoted but not sufficiently countered.
Among them were Mr Lowell's denial of the holocaust, when Mr Lowell had referred to these victims as "the six million ghosts' a comment which appeared to have surprised the presenter, who did not react in a satisfactory manner.
Another quoted extract of the book said that babies with disabilities should be aborted or subjected to mercy killing within an hour of birth. The reading of this extract gave Mr Lowell an opportunity to continue to offend and expand on his proposal, while the intervention of the presenter was minimal, the BA said.
Furthermore, after the presenter read an e-mail from a woman who had adopted a child from Ethiopia, Mr Lowell declared that all those who adopted a non-Europid, should be deported, with the adopted children, to the countries from where the children had been adopted, so as to live in the child's natural habitat.
Such comments, the BA said, could not be more offensive to parents who had adopted babies of different races.
The Authority noted that PBS in its arguments on the case had said that the comments by Mr Lowell were condemnable but freedom of expression should prevail. The Authority, however, referred to a decision it had taken in 2004 in another programme also involving Mr Lowell, when it said that freedom of expression should be exercised while respecting the rights and freedoms of all people.
In this case, PBS was defending the unfettered right of expression of an individual who was fighting to deny the rights of person born with disabilities and those parents who adopted children of different races, the BA said.
PBS SUES BROADCASTING AUTHORITY
Meanwhile, PBS has taken the Broadcasting Authority to court, saying that the Authority did not observe the principles of natural justice when it fined the state broadcaster €1,164 after finding that the March 8 edition of Bondiplus broke political impartiality rules. The programme was based around an interview with Foreign Minister Tonio Borg.
PBS said the Authority had acted upon a charge made by its own CEO and had not considered all the facts of the case.
It asked the court to order the BA to refund the €1,164.