Smash Communications Limited has filed a writ of summons in the First Hall of the Civil Court against the Broadcasting Authority and against the authority's chief executive, Kevin Aquilina.
Smash contested the fine of Lm500 imposed on it by the authority and asked the court to declare that the authority had exceeded the limits of its powers and had also violated the company's fundamental human rights.
Smash Communications declared that Aquilina had made allegations about a programme, Minibus, broadcast on Smash TV on June 15. He had arbitrarily and unilaterally deemed the programme to be in violation of the Broadcasting Act.
The company added that Aquilina, on behalf of the authority, had acted also as prosecutor and judge in the case against Smash Communications and that the principles of natural justice had not been observed.
Furthermore, Aquilina had called upon Smash Communications to pay Lm150 by way of penalty by not later than June 21. If plaintiff wished to contest this penalty it had to attend the sitting held at the authority's premises on June 22.
In the latter sitting, Smash Communications had drawn the authority's attention to the fact that the company had already filed a writ of summons before the First Hall of the Civil Court.
Smashed had requested the proceedings before the authority to be suspended pending the outcome of the litigation.
The authority, Smash Communications said, had refused the postponement and had proceeded to fine the company Lm500 which, according to Smash, exceeded the maximum administrative penalty of Lm200.
Smash Communications concluded its writ by asking the court to declare that the charges against it in connection with the programme Minibus were unfounded at law and that the chief executive of the authority had abused his position.
The court was further requested to declare that the authority had violated the fundamental principles of law in a democracy and that the penalty of Lm500 was in excess of the administrative penalty.
Dr Emmy Bezzina signed the writ.