WRITTEN QUESTION E-0560/03 by Raina Echerer (Verts/ALE) to the Commission. The Malta Broadcasting Authority censoring TV programmes.
Date: 2003-02-27
Institutions: European Parliament, Provisional data
Subjects: Malta, accession to the European Union, audiovisual communications policy, censorship, freedom of expression, politics, programmes industry, referendum, supervisory body, television

C 33 E/54

Official Journal of the European Union

EN

6.2.2004

(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
television station, Public Broadcasting Services. Programmes
programmes are aired on the national
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:

(cid:1) ensuring impartiality in respect of matters of political or industrial controversy or relating to current

public policy;

(cid:1) fairly apportioning broadcasting facilities and time between political parties;

(cid:1) 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’.

6.2.2004

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Official Journal of the European Union

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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.

(2004/C 33 E/051)

WRITTEN QUESTION E-0574/03

by Luigi Vinci (GUE/NGL) to the Commission

(28 February 2003)

Subject: Turkey and the ‘Ocalan case’

For some weeks now the leader of the former PKK, Abdullah Ocalan, has been unable to receive visits
from his defence lawyers or anyone else. This arbitrary decision on the part of the Turkish Government
constitutes a flagrant violation of the European Convention on Human Rights and the ‘political criteria’ for
enlargement identified by the Copenhagen European Council.

What steps does the Commission intend to take to ensure that Ocalan is guaranteed the basic right of
defence? Does it not consider that, since Ocalan’s sentence of death has been commuted, Brussels should
now exert pressure on the government in Ankara to ensure that Ocalan is granted freedom and that
negotiations are launched with a view to a political solution to the ‘Kurdish question’?

Answer given by Mr Verheugen on behalf of the Commission

(2 April 2003)

The Commission is aware of Abdullah Öcalan’s current detention conditions. Since 27 November 2002
there have been reports that relatives and lawyers of Mr Öcalan have had difficulties in gaining access to
him.

As a Candidate Country, Turkey aims to fulfil the Copenhagen political criteria as well as the priorities
identified by the Accession Partnership. These include the alignment of prison detention conditions with
European standards and full compliance with the provisions of the European Convention on Human
Rights.

The Commission has been informed of the visit made on 16 and 17 February 2003 by a delegation of the
Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment (CPT), which was given access to Mr Öcalan. The CPT delegation concluded that the health of
Mr Öcalan was good, but that his continued isolation was a problem. The CPT’s delegation will take steps
to ensure that Mr Öcalan’s right to receive visits is effective in practice.

The Commission will continue to monitor the conditions of Mr Öcalan’s detention, and the respect of his
right to defence.

(2004/C 33 E/052)

WRITTEN QUESTION E-0575/03

by Nelly Maes (Verts/ALE) to the Commission

(28 February 2003)

Subject: Forced sterilisation of Roma women in Slovakia

As a member of the EU-Slovak Republic JPC, I have visited Slovakia on many occasions and have been
frequently in contact with the Roma community. Within the context of accession negotiations, I have
continually emphasised the rights of minorities. The recent report by the Centre of Reproductive Rights