PBS Budget adverts: PN argues distinction should be made between informative and political spots
Lawyer Paul Borg Olivier said there is a distinction between television spots which are political and spots which are informative."The Nationalist Party's (PN) claims are based on 'disproportional prejudice'," the lawyer told a Court on Wednesday.He
Lawyer Paul Borg Olivier said there is a distinction between television spots which are political and spots which are informative.
"The Nationalist Party's (PN) claims are based on 'disproportional prejudice'," the lawyer told a Court on Wednesday.
He was legal counsel to the PN in a legal protest accusing the Public Broadcasting Service (PBS) of breaching its constitutional duty by airing government-sponsored Budget adverts that allegedly promote political messages rather than providing impartial, informative content.
Olivier argued that some elements of the adverts go against the Constitution and violate the fundamental rights of individuals by lacking impartiality. "We want to take care of that right."
He further explained that PBS is broadcasting a political message under the guise of a public service campaign, comparing it to a slogan like McDonald's 'I'm lovin' it.'
He also pointed out that these adverts feature a voice-over by the Prime Minister, which he argued reinforces the political nature of the messages. Olivier recalled how, in 2021, several Budget-related commercials were aired on a Sunday before the Budget between a News feature and a MasterChef episode, reaching between 150,000 and 200,000 viewers.
"Our prejudice is disproportional because it falls within the ambit that not only needs to be protected by the Broadcasting Authority but also by the obligation conferred onto PBS by law," he stated.
Present at the court hearing, presided over by Judge Myriam Hayman, were MPs Karol Aquilina and Claudette Buttigieg, as well as PN Secretary General Michael Piccinino. The Chairman and Chief Executive of PBS were also present.
In a previous ruling, the Maltese courts had provisionally upheld the PN's request to stop PBS from broadcasting the Budget-related adverts. The court ordered PBS and the Broadcasting Authority (BA) to ensure neutrality in these adverts, in line with constitutional requirements.
The PN argued that these government-sponsored adverts breached broadcasting regulations because they lacked informative content and conveyed political messages.
In response, PBS said that it had broadcast similar spots under both Nationalist and Labour administrations in the past and stressed that, as long as the adverts complied with broadcasting laws, they fulfilled the broadcaster's duty to inform the public.
PBS also pointed out that the PN had aired at least one of the disputed spots on its own channels.
Lawyer Edward Gatt, representing PBS, countered that PBS has an obligation to air government-sponsored spots because it plays an informative role. He reminded the court that these adverts are aired under the freedom of expression. He further argued that historically, Budget-related spots have been given more prominence.
Gatt questioned: "Can anyone classify the spots given for the Budget as political controversy? If we are, the annual Budget that is done by any government, cannot fall under the category of political controversy."
Olivier rebutted Gatt's argument, saying: "The Budget is such a political topic that, if it doesn't pass through parliament, it is a show of distrust to the current government and leads to a dissolution."
He also emphasised "the Budget is still not approved in parliament, it still needs to be voted on, so why is PBS still refusing to give equal time to all spots that need to be broadcasted?"
The court, led by Judge Myriam Hayman, will issue a decision through a decree of the Court at a later date. This case is ongoing.
Lawyer Paul Borg Olivier represented the Nationalist Party, while Lawyers Mark Vassallo and Edward Gatt appeared for the Public Broadcasting Service, and Lawyer Mark Refalo represented the Broadcasting Authority.
Related
Share this page
Guest Posts by Easy Branches
