'Define bad taste'

A Broadcasting Authority member complained that the case about a televised photo shoot at the Addolorata Cemetery was "pre-trialled" in the media before it could be discussed by the authority.

"I feel there was an attempt to condition my judgment," Rose Sciberras said during the hearing about the programme Venere, which is being examined by the authority on a claim of "bad taste" made by the BA's CEO.

On the other hand, the chairman of the BA board Joseph Scicluna said he had no problem with the media attention but complained that parts of the programme showed graves and a private family chapel.

During a hearing on Tuesday, a debate ensued about the aesthetical values of the photos and whether the programme was distasteful.

Defence lawyer Therese Comodini Cachia said "bad taste" could not simply be defined subjectively by the individual members of the authority. It needed to be considered in line with an objective and proportionate interpretation of freedom of expression, especially with regard to artistic expression.

She said the majority of those who commented on timesofmalta.com were not offended by the photo shoot, so who was the authority to claim that the public had been offended?

The programme was flagged by Mr Justice Joseph Galea Debono in a letter to The Times editor, sparking controversy on the comments boards.

Producer Adrian Mizzi claimed he had always been fascinated with the beautiful neo-Gothic architecture of the cemetery and wanted to bring that out in the photos.

As a religious person he also made sure that everything was done with sensitivity, he said, pointing out that the female models were not dressed scantily. He added that permission was sought and given by the authorities concerned, and that many other photo shoots and dramas had been filmed at the cemetery so he did not rule out discrimination.

Mr Mizzi also said he wanted to expose the lack of maintenance at the cemetery, as a concerned citizen who lives in the area.

Dr Comodini Cachia said throughout the programme there was a sense of respect and dignity for the place and the participants had explained how they had to work differently in such an environment.

At this point, the BA's CEO Pierre Cassar said the programme had also shown somebody laughing and smiling, sending a mixed message.

The fact that a photo shoot was made in a cemetery was in itself bad taste, he argued.

Mr Mizzi, who looked highly offended during the proceedings, said he had lost a lot because of the media attention to this case and he was finding many doors closed whenever he asked to do a photo shoot in particular locations.

The case is expected to be decided shortly.