There is a rule of law deficit in public service broadcasting and broadcasting regulation, former law faculty dean Kevin Aquilina says in an opinion piece published in The Malta Independent, highlighting that this is now being flouted not only by the government but also by the Broadcasting Authority.

This comes after the latest judgement which found that the Nationalist Party’s rights where breached by the national broadcaster.

Aquilina said that this latest judgment raises important issues that have been pending resolution for decades and have to date not been addressed, let alone addressed successfully.

“These continue to bring Malta into disrepute from a law of law perspective,” Aquilina said.

Aquilina noted a number of factors which he considered as “disturbing”, such as the licensing of PBS Ltd radio and television stations, arguing that there should be a level playing field in the broadcasting sector.

Amongst the factors, he also mentioned issues related to the appointment of the Board of Directors and Editorial Board of PBS Ltd, saying that PBS “is nothing but the government’s broadcasting mouthpiece.” He also highlighted the bipartisan appointment of the Broadcasting Authority, the political stations, issues with political broadcasting, the Constitution which requires fair apportionment of time and facilities, public service advertisements and a tame Broadcasting Authority.

“There is no doubt that fairness, impartiality and reasonable allocation of broadcasting time and facilities to all political parties is neither on the agenda of the Broadcasting Authority or of PBS Ltd. that is wholly controlled by the government,” Aquilina said.

He added that the end result is that the public interest is not served by a Broadcasting Authority that is controlled by the two major political parties and PBS Ltd that is controlled by the government of the day.

 

Read the full opinion piece here