Public Broadcasting Services Limited yesterday filed a writ of summons in the Civil Court against the Broadcasting Authority.
PBS requested the court to declare that the authority had acted in violation of the constitution and the European convention on human rights and to annul the authority's decisions in its regard.
PBS declared it was responsible for broadcasting on the television station TVM.
On June 20, the PBS lawyer had written to the authority informing it that PBS was going to contest the decision taken by the authority on June 6 regarding the broadcasting of spots by the Malta Labour Party.
The authority had replied that PBS was not justified when it refused to obey the authority's directive.
On June 21, PBS filed a writ of summons requesting judicial review of the authority's decision, and it had requested the court to declare that the authority's decision of June 6 was null and void.
But on June 26 the authority had released a press statement about its decision to issue charges against PBS on the grounds that the company had disobeyed the authority's directive.
The authority, in a decision taken on June 29, found PBS guilty of the charges brought against it and fined the company Lm3,000, to be paid within six weeks.
The authority reiterated its point that PBS was bound to observe the authority's directive, and it reserved the right to file further action against PBS should it fail to implement the directive.
PBS claimed that the authority's decision of June 29 seriously prejudiced its rights, and that the authority was in violation of the provisions of the Constitution and the Broadcasting Act.
The authority, claimed PBS, had failed to provide the guarantees for a fair and public hearing and it could not, after making charges against PBS decide on these charges itself.
It was obvious, said PBS, that the quasi-judicial function of the authority had to be delegated to an independent and impartial board which would not be composed of the same persons who had issued the charges.
PBS requested the court to declare that the authority had violated the provisions of the Constitution and the European Convention.
It also requested a declaration that the quasi-judicial functions of the authority were incompatible insofar as they were exercised by the authority itself without the guarantees of a fair hearing.
PBS added that the authority had failed to respect PBS's right to a judicial review of its decision, and it requested the court to declare that the authority's decision of June 29 was null and void.
The court was also requested to order the authority to refund to PBS the Lm3,000 fine.
Dr Tonio Azzopardi signed the writ.