Smash TV accused of breaching the law

The Broadcasting Authority yesterday accused Smash Television of breaching an article of the Broadcasting Act when it screened an interview with European Parliament elections candidate Norman Lowell.

Authority chief executive officer Kevin Aquilina said that during the programme Minibus, on Monday, article 13 and article 82A of the Criminal Code were breached, especially in the last part of the programme, which, Dr Aquilina said, was full of comments encouraging criminality which could lead to disorder and could be offensive to public sentiment.

The relevant Criminal Code article lays down that whoever uses threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or behaves in a way which might stir racial hatred would be liable to between six and 18 months in prison.

Dr Aquilina said that apart from Monday's programme, the authority was also considering other broadcasts of Minibus where Mr Lowell was allowed to make similar references.

The authority said that if Smash TV did not contest the accusation it would have to pay a penalty of Lm150 as established by the Broadcasting Act by noon on Monday. If the station wanted to contest the accusation, it had to attend a sitting at the authority on Tuesday.

The Times yesterday reported that the government has asked the Police Commissioner to investigate Mr Lowell on the grounds that he incited racial hatred. The police have been instructed to institute criminal proceedings against Mr Lowell should they find sufficient proof of this.