A member of the board of the Broadcasting Authority this afternoon complained that a case over a photo shoot at Addolorata Cemetery made for a TVM programme had been "pre-trialled" in the media before it could be discussed by the authority.

The comment was made when the authority started hearing a complaint made by its CEO against the producers of Venere and Public Broadcasting Services over the controversial photo-shoot.

The CEO complained that the photo shoot was in bad taste.

BA board member Rose Sciberras said she felt there was an attempt to condition her judgement, a claim that the BA chairman, Joseph Scicluna, disagreed with, who said there was nothing wrong in this matter being in the media.

The controversy started after a letter by Mr Justice Joseph Galea Debono in The Times which drew controversy in the newspaper and in timesofmalta.com.

Venere producer Adrian Mizzi said a survey of the comments posted on timesofmalta.com showed that the majority of people did not feel offended by the photo shoot.

A debate ensued between the parties on what constituted bad taste. Mr Mizzi said the purpose of the programme was to highlight the beauty of the neo-Gothic architecture and also lack of maintenance at the cemetery, and, he felt, the programme achieved its aim.

Counsel for the Venera producers argued that it was not fair for bad taste to be subjectively defined by the members of the Board and had to be taken in the context of the whole programme and the objective and proportionate understanding of freedom of expression, especially, in this case, artistic expression.

She said that throughout the programme there was emphasis on architecture and respect and dignity for the place and the participants had explained how they had to work differently in their environment.

At this point, 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.

The lawyer said several other photo shoots and dramas had been shot in cemeteries and some were really in bad taste, even with regards to attire, but this was completely different.