News permitted to be partisan

A long-standing legal provision that, at least prima facie, appears to be in direct contrast with the spirit of the constitution, is finally destined to be settled by the court.

The constitution demands that the Broadcasting Authority ensures “due impartiality” with regard to matters of political or industrial controversy or those relating to current public policy.

It also lays down that this function “shall be without prejudice to such other functions and duties as may be conferred upon it by any law for the time being in force in Malta”.

It so happens that the broadcasting law introduced a very specific and convenient caveat in this regard.

The two parties agreed in parliament that impartiality with regard to news and matters of a political or industrial controversy and current public policy should only be practised by the public broadcasting service and that the general output of programmes broadcast by all other licencees should be considered as a whole.

In other words, the law argues that all stations bar PBS, including, of course, those owned by the political parties, will balance themselves out.

That is the bone of contention, which has been present since the early 1990s,...