The First Hall of the Civil Court in its Constitutional Jurisdiction has rejected an application filed by Alternattiva Demokratika (AD) to stop the Broadcasting Authority (BA) from re-scheduling the scheme of political broadcasts for the March 8 general elections.
Judge Giannino Caruana Demajo said that AD had not proven that the BA had violated the law with its decision.
“In the view of this court, the complaining party has not managed to show that there has been a violation of the law. The reasons given by the respondent Authority to do what the complainant wants to stop it from doing cannot be said to be irrational and certainly it has not been demonstrated that these were taken in violation of the law.”
“One can disagree with the manner in which the Authority proceeded and its conclusions, but for the purpose of today’s procedures it is enough for it to show that it considered the relevant factors for the purposes of its decision and the conclusions that it reached thanks to these considerations are not irrational.
“If it expects more than this, and it enters into the merits of those conclusions, this Court would be taking over the powers given by the Constitution to the defendant Authority,” the court said in its ruling.
AD had applied for an injunction against the BA on Friday night, complaining that the change in schedule prevented the party from making its voice heard in the last week before the polls.
AD was scheduled to air a broadcast on TVM on March 4, but this was pushed forward. It condemned this move because the series of political broadcasts had already started running, after consultation with all the political parties.
AD Chairperson Harry Vassallo appeared on behalf of the complainant, while Professor Ian Refalo appeared on behalf of the respondent.