In a letter sent to Smash Communications chairman Joe Baldacchino, the BA referred to a programme called Minibus that was broadcast last Tuesday. The programme was a one-hour interview with Norman Lowell, who contested the European Parliament election on behalf of Imperium Europa.

The BA said that in this programme there was a breach of article 13 (2) (a) of the Broadcasting Act. In particular, towards the end of the programme, the statements made encouraged criminal behaviour and could have also led to public disorder and offended public sentiments.

The BA referred to article 82A of the Criminal Code, which states that it is a crime to incite racial hatred. Quoting from the Criminal Code, the BA said that anyone who speaks or behaves abusively, or exhibits published material that is offensive, with the intention of raising racial hatred, could be jailed for between six and 18 months.

The code lays down that racial hatred can be directed at people for the colour of their skin, race, nationality (including citizenship), or national or ethnic origin. Apart from last Tuesday’s programme, the BA considered that similar statements were made on Minibus on 29 April, 6 May and 1 and 8 June.

The BA has accused Smash TV of breaking the law. It informed Mr Baldacchino that if its accusation is not contested, Smash will be fined Lm150, which must be paid by Monday. If Smash decides to contest the accusation, a hearing will be held on Tuesday, 22 June, at 4.30pm.