Lovin Malta files constitutional case on political TV news channels

Lovin Malta has filed a court case against the State Advocate with the hopes of annulling a proviso in the Broadcasting Act.

The mediahouse is arguing that the proviso goes contrary to the Constitution as it grants discretion to the Broadcasting Authority when ensuring impartiality across broadcasting services.

In its court application, Lovin Malta contends that this proviso equates impartiality with plurality among the media. If a broadcasting station is failing to excersise due impartiality in its programmes, the authority can consider the general output of programmes across the board and determine whether a topic is being discussed in a balanced manner.

"The Constitution of Malta speaks about rightful impartiality among broadcasting services provided in Malta, not on balance," the court application reads. "This means that the Constitution, unequivocally, calls for any station transmitting issues of political or industrial controversy, or that refers to current public policy, ought to be impartial, whether the station is public or private."

In a lengthy list of witnesses, Lovin Malta is calling on Francis Zammit Dimech, Karmenu Mifsud Bonnici, Eddie Fenech Adami and George Abela to testify throughout the hearing - all of which have been critical of political party media in the past.

Officials from ONE and Net are also being asked to testify before the court, as are representatives from independent mediahouses.

The court application was filed by lawyers Eve Borg Costanzi and Matthew Cutajar