The constitutional court on Monday confirmed an original judgment ruling that PBS and the Broadcasting Authority had failed to be impartial.

Damages to be paid by PBS and the BA have been raised from €1,500 to €5,000 each.

The original court judgment was delivered in July last year, when the court had ruled that both the BA and PBS failed to ensure impartiality and protection against discrimination.

The case had been filed over two separate incidents, on which the constitutional court, presided by Chief Justice Mark Chetcuti with judges Giannino Caruana Demajo and Anthony Ellul, gave its ruling Monday.

The first issue concerned a three-month delay by PBS to publish a right of reply which the PN won, after twice filing a complaint before the Broadcasting Authority. 

The right of reply was deemed necessary by the BA after an interview on the programme TVAM about the Marsa flyover project which, the court ruled, was “rather extensive and could have given rise to propaganda”.

PBS had ignored the authority's directive. The PN’s right of reply was published only after a second complaint had led to a €4,660 penalty for PBS, which had been suspended after the station accepted to abide by the BA ruling.

The second issue was about political advertising spots concerning the 2022 Budget. 

The PN had argued that 15 minutes’ worth of PN adverts, each 30 seconds long, were “neutralised” when aired between government propaganda.

This second grievance was not upheld by the court, which noted that the PN had failed to file a second formal protest before the BA and had only registered its complaint in an informal manner. 

With respect to the first issue, the court observed that the BA had failed to act “with speed and proactivity that was needed in broadcasting, especially at a time of persistent rumours and clear indications that a general election was imminent - as in fact it was.”