Updated 1pm
RTK103 will appeal a second broadcasting authority decision to fine the radio station for not giving a platform to far-right party Imperium Europa on a programme hosted by Andrew Azzopardi.
On Wednesday, the BA fined the radio station €4,660 for failing to invite candidates of a party founded and led by Norman Lowell during the electoral campaign.
Lowell has been convicted of inciting racial hatred by the local courts.
In 2013 an appeals court confirmed a Magistrates' Court judgement finding Lowell guilty of three charges of inciting racial hatred. The original decision was taken in 2008 when Lowell was handed a two-year jail term suspended for four years after being convicted of three charges of racial hatred and one charge of insulting the President of Malta. The cases happened between 2003 and 2006.
This is the second decision by the BA to fine RTK this year. In January, the Church-owned radio station was ordered to pay €6,410 after Azzopardi said he would never allow "racist" Lowell on his show.
Journalists and authors had immediately slammed the BA's decision, with the Institute of Maltese Journalists (IĠM) saying Azzopardi's comments that Lowell was racist and xenophobic were "based on facts that emerged from court judgments".
Back then, the IĠM had expressed concern that the secretary of the BA's board was a former member of the far-right party led by Lowell himself.
In its more recent decision to fine the radio station, the BA referred to a second complaint by IE filed on May 30. The party complained that Azzopardi's programme had failed to adhere to the authority's own policy about broadcasts during the electoral campaign.
In its decision, published on Wednesday, the BA said every station was obliged to ensure impartiality on programmes covering controversial political issues or referring to current public policy.
"Discussion programmes about themes linked to local councils should have a wide representation of different opinions. The same principle applies to programmes about European Parliament elections."
The BA board said that among the 60 guests, there should have been views from all six political parties.
The station, however, insisted that the authority’s directive to ensure a wide representation of different opinions was fully respected throughout the electoral campaign by inviting guests with a wide variety of opinions while excluding all electoral candidates.
'In clear breach of its right to freely express itself'
Reacting to the BA decision, RTK said it will be appealing the decision as it "runs roughshod over editorial freedom by forcing it to air extremist, racist, far-right political views".
The station said Lowell has a long history of racist and xenophobic statements, including published calls for widespread ethnic cleansing on a global scale.
"Such writings and statements were explicitly cited by the courts when he was sentenced to a suspended jail term for inciting racial hatred in 2013. Over the years, the BA even fined broadcasters for inviting Lowell and allowing him to air such views."
The station noted that throughout the electoral campaign, BA CEO Joanna Spiteri had been kept updated about the programme's guests beforehand, and had never objected to the list. "She ironically pressed charges against the station over guests she had found no issue with," RTK added.
The radio insisted that forcing RTK to express views it was completely against was "in clear breach of its right to freely express itself".
RTK said it was seeking the public's help in its legal battle against the BA's "repeatedly biased decisions".
"As it continues to act as judge, jury, and executioner with impunity, the BA is also unashamedly interfering with the media’s editorial freedom and its refusal to fuel racial hatred".
RTK is fundraising to appeal the fine.
'BA has legitimised racism as a political view' - PEN Malta
Reacting to the BA's decision, PEN Malta said the fine was "nothing short of disgraceful and absurd".
The group of writers, journalists, artists and activists said in a statement it was the duty of any editor, journalist and producer not to allow their platform to be used by speakers who fan hate speech.
"With its decision, the BA has legitimised racism as a political view. Let’s remember IE leader Lowell has been convicted on charges of racial hatred and has a history of disgraceful racist statements, including calls for ethnic cleansing.
"This is just unacceptable. The decision to impose a fine on RTK103 makes a mockery of the BA’s constitutional role to safeguard democracy while abandoning its crucial role in protecting our democratic freedom of expression."
PEN Malta said it was a shame that the "spineless" BA was once again showing moral bankruptcy and persisting in setting a dangerous precedent for broadcasting.
'Racism needs no protection from a state authority' - IĠM
On Thursday IĠM expressed its solidarity with Azzopardi and said it disagreed with the BA’s "nonsensical decision".
Media houses and programme presenters have every right to determine their editorial policy and should be allowed to practice their policy freely, it said, adding that the BA had no right to force a media house to air views it was completely against, with the subsequent risk of being fined for the content of those views.
"One must also remark on the moral obligation of the media to avoid fanning hate speech.
"Lowell, who leads IE, was convicted of racial hate crimes. Other members of the party have defended Nazism and (Adolf) Hitler. Racism is not a political view and needs no protection from a state authority."
IĠM noted that Adriano Spiteri, the secretary of the BA's board refused to recuse himself from the proceedings against RTK, despite serving as IE’s secretary-general until 2022.
This casts doubt on the impartiality of the board and undermines the functions of the authority, IĠM added.
IĠM President Matthew Xuereb recused himself from the drawing up of this statement since he is editor of Newsbook Malta and RTK103.