The Public Broadcasting Services (PBS) yesterday claimed the Broadcasting Authority was “causing a fundamental breach of the Constitution” by allowing a political party that had already accepted to take part in a programme the right to veto the same programme, simply because, for some reason or other which is as yet unclear, the acceptance to participate was reversed.

This was stated in a letter which PBS legal adviser Andrew Borg Cardona sent to the BA chairman after yesterday’s edition of BondiPlus was cancelled following the MLP;s withdrawal from it. The programme was to discuss Opposition Leader Alfred Sant’s reply to Budget 2008, presented by the government last week.

“The manner in which this issue was tackled by the Authority results in a position where the freedom to express and research ideas is being obstructed by any person who does not want a subject discussed, simply refusing to accept an invitation to participate.”

In the letter, PBS also referred to the circumstances of a programme transmitted in November 2006, wherein Minister Ninu Zammit refused to participate and the programme was nevertheless aired with a Labour Party spokesperson participating in full. No issues about impartiality were raised then, the letter stated.

PBS said that the company does not accept that the BA should have pre-empted their rights on the basis of information known only to the Authority. As at the time the decision of the Authority was communicated to PBS, the situation known to PBS was that the Deputy Leader of the MLP would be taking part as agreed. It would have been more appropriate had the Authority allowed the programme to air and then taken measures, if indeed the obligation of impartiality was broken, PBS said.

PBS said it also reserves the right to seek a judicial or Constitutional review of the Authority’s actions and to seek damages if appropriate.