Broadcasting Authority's fine to RTK is a threat to free speech, NGOs say

The Broadcasting Authority’s fine to RTK after presenter Andrew Azzopardi described Norman Lowell as “xenophobic and racist” is a threat to free speech, two NGOs have said.

On Wednesday, the Daphne Caruana Galizia Foundation and the Aditus Foundation stated that the BA’s decision inverted the purpose of its own existence. 

The NGOs noted that the choice of guests for one’s programme is purely an editorial decision that should be taken freely, as they went on to say that the BA’s decision comes with a number of implications.

The foundations highlighted that privately-owned stations risk fines if they choose not to invite Lowell as a guest, while also risking a fine if he is invited, as was the case in the past. 

“Anyone or any entity excluded from a broadcast programme may successfully file a BA complaint on the basis that another individual or entity was a guest on an earlier edition of the same programme,” the NGOs said.

While describing the claims of political censorship as an overestimation, the foundations emphasised that RTK is a privately-run station, and that Azzopardi’s decision is legally correct. 

It was also stated that according to law, “racial equality is a fundamental human right which broadcasters and all viewers and listeners have a legal duty to observe, including and particularly the BA whose remit includes ensuring that the fundamental right is observed rather than violated.”

While noting that xenophobia and racism are not “political opinions,” the NGOs said that one is not legally entitled to foment racial hatred as previous BA and court rulings against Lowell have shown.

The foundations finally noted that Adriano Spiteri, who is the secretary of the BA board, “was actively involved in Imperium Europa himself and was secretary-general of the far-right organisation until 2023, during which term he represented the organisation as its lawyer in a 2020 complaint to the BA board.”