The Nationalist Party on Tuesday filed a constitutional case against the Broadcasting Authority and national broadcaster PBS, alleging persistent political imbalance in public broadcasting and a failure to enforce previous rulings concerning impartiality.

Speaking outside court, PN Secretary General Charles Bonello said the case centred on two main issues: what he described as a "systematic and persistent" imbalance in PBS news bulletins, particularly in the use of sound-on-tape clips, and the alleged failure by the Broadcasting Authority to enforce decisions and directives concerning impartiality.

Bonello stressed that the case was not about whether the PN agreed with the way PBS reported the news.

"This is not a question of what your tastes are," he said, arguing that impartiality in public broadcasting was a constitutional and legal obligation rather than an editorial choice.

According to Bonello, the party was seeking to ensure that the Opposition received the same platform on public broadcasting that PBS is legally required to provide.

He referred to previous decisions concerning sound-on-tape coverage, including a ruling of 23 August 2022, which he said had found a significant imbalance between the government and Opposition and directed PBS to ensure appropriate representation.

Bonello said that, despite the ruling, the situation had not been resolved. He also referred to further instances in March 2023 and March 2024.

PN Shadow Minister for the Arts Justin Schembri said the constitutional case dealt with both the imbalance in sound-on-tape coverage and the application and enforcement of rules governing impartiality by presenters of news and current affairs programmes.

Schembri cited figures obtained through a parliamentary question by PN MP Michael Piccinino, claiming that the latest figures available showed 532 sound-on-tape clips involving the government compared with 66 involving the Opposition. He said the figures also covered the period of the general election.

He said the Broadcasting Authority had identified problems with sound-on-tape balance on three occasions and had issued directives to PBS, including warnings that further action could be taken, but that the imbalance had nevertheless continued.

The second part of the case concerns the impartiality of presenters on PBS news and current affairs programmes.

Schembri referred to presenter Ricky Caruana as an example, while stressing that the case was not directed personally at him. He alleged that certain presenters had breached the relevant legislation by expressing political preferences, indicating political allegiance or taking positions against the Opposition and the Nationalist Party.

"The PBS should be the broadcaster of the state, it should be the broadcaster of everyone, and therefore it should be impartial," Schembri said.

The Nationalist Party is asking the courts to address what it describes as failures to uphold constitutional and legal obligations governing impartiality in public broadcasting.

In a statement, the Labour Party said the PN chose to take journalists and contributors of the national broadcaster, as well as the Broadcasting Authority, to court, claiming that they are not carrying out their work in a balanced manner.

The Opposition continues to refuse to understand that, like any public service broadcaster, PBS has a duty to report on the work of the government and the exercise of its executive responsibilities through factual and non-partisan reporting.

This is distinct from the political work, positions and commentary of political parties. It is unacceptable for the PN to resort to such drastic action against journalists simply because they report on the launch of government policies, the inauguration of projects and the fulfilment of the responsibilities of Ministers serving a government that was democratically elected by the people.

In the application filed before the Constitutional Court today, the Nationalist Party accused employees of TVM and the Broadcasting Authority of failing to fulfil their obligations and even requested financial compensation from them for the damages it claims to have suffered, the PL said.

The PN has become the party of boycotts and threats against the media. It therefore comes as little surprise that the Opposition Leader wants to "introduce warrants against journalists" and has chosen to classify several writers as bloggers rather than journalists.

These tactics, reminiscent of the past, are yet another confirmation that the fifth leader in 12 years has changed absolutely nothing from those who came before him.

In recent weeks, the Nationalist Party has taken people onto the streets, walked out of Parliament, called on the European Union to take a tougher stance against Malta, accused the Attorney General of being corrupt, and insulted Ministers by describing them as bad-natured and malicious, the PL said.