A court has rejected a request by the Broadcasting Authority (BA) and PBS to have their preliminary objections heard separately from the merits of the constitutional case filed by the Nationalist Party.
In a decree delivered on Thursday, the court ruled that both the objections and the merits will be examined together and that a single judgment will address all.
The constitutional proceedings were instituted by the Nationalist Party against the Broadcasting Authority and PBS.
The party is alleging systematic bias in news broadcasts on the national television station, a lack of impartiality in broadcasting, and failures by the Broadcasting Authority to fulfil its responsibilities in safeguarding freedom of expression. The PN is also alleging discrimination on the grounds of political opinion and has raised concerns about the impartiality of presenter Ricky Caruana.
Preliminary objections
During a sitting held on 15 October, lawyers representing PBS argued that the PN had failed to exhaust the ordinary remedies available to it before instituting constitutional proceedings. PBS also maintained that responsibility for ensuring political impartiality in broadcasting rests with the Broadcasting Authority rather than the courts, noting that the PN had already submitted complaints concerning specific broadcasts to the regulator.
The Broadcasting Authority similarly questioned the constitutional jurisdiction of the court, arguing that the PN had failed to pursue available remedies.
The Nationalist Party opposed the request for a separate determination of the objections, arguing that the court had already accepted its application for the proceedings to be heard urgently. The party also maintained that similar preliminary objections had already been considered in previous judgments involving the same parties and that there was no justification for delaying examination of the merits.
In its decree, the court said it was necessary to consider whether a separate determination would promote judicial economy and the efficient administration of justice, or whether it could result in unnecessary delays. Taking into account the fact that the court had already granted an urgent hearing, the presiding judge concluded that it would be more appropriate for all the issues to be addressed in a single judgment.
The court therefore rejected the respondents' request to have the preliminary objections determined first and ordered the continuation of proceedings.
Lawyers David Bonello, Michael Piccinino and Thomas de Martino are appearing for the PN. Lawyers Edward Gatt and Mark Vassallo are representing PBS. Madam Justice Charmaine Galea delivered the decree.