Judicial violation of freedom of expression

Abstract

Digi B Network Ltd. is the sole digital radio platform operating in Malta. It applied, by means of two separate broadcasting licence applications, to the Broadcasting Authority, in June 2018 and in August 2018, to be permitted to carry two additional digital radio stations on its platform. Although this should have been a very straight forward procedure, the broadcasting regulator never got back to the platform operator with any decision both within and beyond the statutory four months period allowed to it by law, leaving in the meantime the platform operator hanging in mid-air, in total suspended animation, till this very day. The digital radio operator, several months beyond the statutory time limit of four months for determination of both applications, and after having made several submissions with the broadcasting regulator and filed a judicial protest to awaken the Broadcasting Authority’s conscience to decide the two applications pending before it which, needless to say, bore no fruit, was inevitably constrained to appeal by way of deemed refusal to the Court of Appeal for redress. [Excerpt]