Lovin Malta has filed constitutional action aimed at annulling a Broadcasting Act provision that allows political party stations to bypass the principle of impartiality.

That legislation, introduced in 1991, had been debated in Parliament and amended to allow the broadcasting watchdog to “close an eye” on the manner of operation of party-owned stations, whose sole purpose was to deliver a “partisan message” that essentially could not be impartial, according to the applicants.

Although in terms of the Constitution, the BA is tasked with ensuring impartiality in matters of political or industrial controversy, or issues relating to current public policy, the proviso to Article 13 of the Broadcasting Act allowed the authority to consider the general output of programmes “together as a whole.” At the time, the government of the day had argued that party-owned transmissions would eventually balance each other out. 

In its application, Lovin Malta note that the Opposition at the time had warned that the proviso would one day be contested in court.

Saying that party-owned stations would balance each other out, presupposed lack of impartiality, the applicants argued. 

Moreover, the partisan message delivered by ONE and NET TV could not be impartial by nature and so, both stations breached the constitution.

“Equality in constitutional delinquency” did not wash away or deny such infringements, argued the applicants, pointing out further that the constitution called for adequate impartiality rather than balance, whether the station was state or privately-owned.

Lovin Malta and founder and chief executive Christian Peregin called upon the court to declare the challenged proviso as anti-constitutional, consequently, invalid and to provide adequate measures accordingly. 

Among the long list of high-profile witnesses indicated in their sworn application, Lovin Malta will summon former presidents Eddie Fenech Adami and George Abela, Judge Emeritus Giovanni Bonello, Judges Toni Abela and Lawrence Mintoff as former founding members of Alternattiva Demokratika, as well as various politicians, lawyers and representatives of political parties and media.

“Being able to take our journalistic efforts to a courtroom and have the political parties, the BA and other key figures forced to respond to our legitimate questions is a really important step in our democracy, no matter the outcome,” commented Peregin after the filing of the lawsuit.

Lawyers Evelyn Borg Costanzi and Matthew Cutajar signed the application.