Court upholds PN's request for provisional enforcement of judgment

The Constitutional Court has upheld a request filed by the Nationalist Party for the provisional enforcement of a judgment delivered by the Civil Court over the broadcasting of information spots on the European Union.

The PN claimed the Civil Court had upheld its writ of summons on November 15 and had declared that the decision of the Broadcasting Authority to refuse to allow the PN to broadcast its spots on PBS was discriminatory.

The court had ordered the authority to provide the balance required by the constitution and the Broadcasting Act within one week and to give the same rights to the PN as those enjoyed by the Malta Labour Party.

The authority had appealed from this judgment.

In its application, the PN claimed that in a previous decision of June 6, the authority had authorised the MLP to broadcast its spots on PBS, subject to the condition that the broadcasting of all spots was to cease immediately the referendum was announced.

The PN submitted that it was public knowledge that the negotiations between Malta and the EU had to be concluded by the first week of December, and that the referendum was to be held shortly after the close of the negotiations and after the referendum campaign.

This short time frame meant that even if the appellate court confirmed the judgment of the Civil Court in favour of the PN, the latter would not be able to implement the broadcasting of its spots, as all spots (including those broadcast by the MLP) would have to cease once the referendum campaign commenced.

The PN therefore requested the appellate court to allow the provisional enforcement of the judgment of the Civil Court of November 15 so as to allow the broadcasting of the PN's spots.

Chief Justice Vincent DeGaetano, Mr Justice Joseph D. Camilleri and Mr Justice Joseph A. Filletti upheld the PN's request as it appeared justified in the circumstances.

Dr Joseph Zammit Maempel was counsel to the PN.

Prof. Ian Refalo was counsel to the Broadcasting Authority.