The Broadcasting Authority has been advised to “go slow” until the Prime Minister nominates new board members to replace two who resigned more than a month ago.
Government sources told the Times of Malta the authority’s board had not met for the past two weeks following legal advice that no “major or controversial” decisions should be made until the two new members were appointed.
“Although the authority’s legal counsel, Ian Refalo, did not say that the authority is not constitutionally constituted, he advised the chairperson it would be better to go slow until the two members who resigned are replaced,” the sources said.
A few weeks ago, the dean of the Faculty of law, Kevin Aquilina, a former chief executive of the authority, said the broadcasting watchdog could still function with just three members.
The Constitution lays down that members of the Broadcasting Authority are appointed by the President of Malta following nominations by the Prime Minister after consulting the leader of the Opposition. In practice, however, the government and the Opposition make two nominations each and the chair is usually agreed upon by both.
It would be better to go slow
In the case of the present chairperson, Tanya Borg Cardona, it was Prime Minister Joseph Muscat who made the nomination and the Opposition agreed not to oppose her. However, the Nationalist Party signalled its reservations due to Ms Borg Cardona’s lack of experience in the field.
The two who stepped down were both nominated by Labour.
Reno Borg resigned following his appointment as financial services arbiter and Rose Sciberras, the wife of former Labour MP and former judge Philip Sciberras, said she stepped down for “health reasons”.
Meanwhile, Ms Borg Cardona confirmed she spent a week in Stockholm during the Eurovision Song Contest following an invitation by PBS, the State broadcaster.
She said that all costs, including flights, lodging and the tickets for the shows, were incurred by the authority.
Asked whether, as regulator, the Broadcasting Authority should keep some distance from the national broadcaster and that her presence in Stockholm could be interpreted by certain quarters as a conflict of interest, Ms Borg Cardona said she disagreed.
“Attendance to an event associated with any television station in Malta does not constitute a conflict of interest,” a spokesman for the authority said.
The spokesman confirmed that none of Ms Borg Cardona’s predecessors had ever attended the Eurovision Song Contest.