EN Official Journal of the European Union CE 33/54

(2004/C 33 E/050)

WRITTEN QUESTION E-0560/03

by Raina Echerer (Verts/ALE) to the Commission

(27 February 2003)

Subject: The Malta Broadcasting Authority censoring TV programmes

The Broadcasting Authority in Malta has taken a decision to screen recorded programmes produced by the Maltese production company ‘Where's Everybody?’ before these programmes are aired on TV. These programmes are aired on the national television station, Public Broadcasting Services. Programmes produced by ‘Where's Everybody?’ have never been found guilty of imbalance by the Broadcasting Authority. For the past year the Malta Labour Party has ordered a boycott on these programmes. These programmes have always given a platform for Maltese civil society to air its views in the most democratic way. The Broadcasting Authority has singled out for pre-view censorship and checking the programmes produced by the production company ‘Where's Everybody?’, but other programmes are not being subjected to the same treatment.

Can the Commission verify with the Maltese authorities why the Malta Broadcasting Authority is reserving this treatment unilaterally only to one production company and whether such an attitude is discriminatory, curtails freedom of expression in Malta and goes against the basic directives on freedom of speech and expression of the European Union?

Answer given by Mr Verheugen on behalf of the Commission

(31 March 2003)

The Commission monitors the freedom of expression in Malta, like in all other Candidate Countries, as one of the key political criteria for membership. In its Regular Reports on Malta's progress towards accession, it is consistently noted that the freedom of expression is enshrined in the Maltese constitution and continues to be well respected in practice.

Regarding the TV and radio journalists' freedom of speech, Malta has an independent Broadcasting Authority, whose members are appointed by the President of the Republic, following advice from the Prime Minister and consultations with the leader of the opposition.

According to the Maltese constitution and law, the Broadcasting Authority is responsible in particular for:

— ensuring impartiality in respect of matters of political or industrial controversy or relating to current public policy;

— fairly apportioning broadcasting facilities and time between political parties;

— monitoring the performance of the stations in terms of constitutional requirements, the provisions of the law and of the relevant broadcasting licences and contracts;

The Broadcasting Authority's decision to screen some recorded broadcasts produced by the Maltese production company ‘Where's Everybody’ is to be considered in the framework of the campaign for the accession referendum held on 8 March 2003 in Malta.

In order to ensure impartiality and fair apportioning of broadcasting time between different political parties, the Broadcasting Authority had considered and approved a schedule for broadcasts from the Public Broadcasting Services (PBS) for the referendum period. Following amendments to the approved schedule, and a subsequent complaint by the Malta Labour Party, the Broadcasting Authority asked PBS to submit for screening a series of broadcasts challenged as partial by the Malta Labour Party. The Broadcasting Authority argued that this was necessary in view of ‘its duty to guard against every possibility that public broadcasting could be manipulated by partisan interests at a time of popular consultation’ and also because it lacked information on the content of the broadcasts.

Following the submission of requested information by PBS on the contested broadcasts, the Broadcasting Authority decided to lift its request for a ‘preventive screening’.

The Commission does not believe that the Broadcasting Authority has acted in a discriminatory way in this matter but rather that the tense accession referendum campaign in Malta incited it to take exceptional steps to guarantee the impartiality of the public television.

In view of these exceptional circumstances, and considering the status, duties and independence of the Malta Broadcasting Authority, the Commission believes that its assessment that freedom of expression continues to be respected in Malta, remains valid.