A judge has stated that Malta’s public broadcaster PBS breached the Constitution by failing to report impartially in regards to a matter of political controversy.
The judge slammed the ‘winner takes all’ mentality which was allegedly displayed by both parties during the election. Her found that the Broadcasting Authority failed to act in a timely manner in a constitutional case filed by the PN before the general election.
The case had been filed by the Nationalist Party against the Broadcasting Authority, Public Broadcasting Services Ltd, Minister Carmelo Abela and State Advocate earlier in 2022.
The Opposition had complained of a bias favouring the government in the programming, which, it said, translated into little to no coverage of statements made by Bernard Grech, the PN leader.
It was also found that the PBS also defied an order by the BA, in breach of the Constitution and the law regulating broadcast media. PBS was found guilty by the BA three months later after a second complaint was filed by the political party, leading to a fine being imposed.
Mr Justice Grazio Mercieca said early on Thursday morning that pluralism is an important aspect in the right to freedom to expression. The judge pointed to the State Broadcaster, PBS, having the largest audience of all media outlets in Malta.
The defendant’s argument which insisted that the issue of balance in broadcasting was ‘separate and distinct from the fundamental rights of the plaintiff, which remained unaffected by balance or imbalance in broadcasting’ was not supported by the judge.
The court pointed out to this ‘game of cat and mouse’ that, Maltese politics, the winner takes all. The winner uses the incumbency to its limits and the loser calls it shameful. Then, when the page is turned, government commits the same abuses. ‘This game of cat and mouse must be eradicated once and for all’ said the statement.
The court concluded that both the authority and PBS failed to ensure impartiality and discriminated against the PN. Both were ordered to pay €1,500 by way of non-pecuniary damages. It also ordered that an adequate and faithful summary of the judgment be given prominence during the 8pm TVM news bulletin, being the slot which attracts the largest audience.
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