PBS says authority's decision ultra vires

Public Broadcasting Services Limited yesterday filed a writ of summons in the Civil Court over the broadcast of information spots on the European Union.

PBS explained it was responsible for broadcasting on TVM television station. On June 6 the Broadcasting Authority had decided on a complaint filed by the Malta Labour Party regarding spots aired by the Malta-EU Information Centre (MIC).

The authority had upheld the MLP's complaint and had ruled that the MLP was to be allocated broadcasting time from time reserved by PBS for advertising.

PBS claimed the authority's decision was in violation of its rights as it had been ordered by the authority to allocate broadcasting time to a political matter even though it had reserved the time for adverts.

As a result, PBS was to lose income generated by the limited time it had available for advertising.

The Authority's decision was even more serious, for it had imposed an obligation upon PBS without offering any compensation or damages for loss of income suffered.

On the other hand MIC was paying for the spots it was broadcasting on TVM.

The Nationalist Party had already indicated that it was going to file an application similar to that obtained by the MLP.

If the PN were to be given the same facilities to broadcast spots on TVM without payment in intervals already reserved by PBS for advertising, then PBS's losses would double.

PBS would sustain even more losses should Alternattiva Demokratika make a similar application and be awarded the same facilities.

PBS declared that the Constitution did not distinguish between private or public television stations or between private and public broadcasting.

Furthermore, PBS declared that it had not been given the opportunity to request a judicial inquiry into the authority's decision, for the authority had informed the company that any contestation on PBS's part would not justify disobedience of the authority's decision.

The decision of the authority was ultra vires and seriously prejudiced PBS's rights. It was also irrational, unjust, oppressive and illegal, PBS said, and called on the court to declare its decision null and void.

Dr Tonio Azzopardi signed the writ.