Limits to freedom of expression in Maltese broadcasting legislation

Abstract

Broadcasting in its original agricultural context referred to the sowing of seed. Needless to say such an activity required an environment leading to seed growth. By analogy, in the context of nascent information society, the broadcasting of television and radio services requires a legal environment to facilitate and regulate the industry especially if pluralism is to evolve and the public interest is to be served by the numerous opportunities promised by technologically new forms of broadcast content and even delivery. One supposedly knows that thoughts are free. But when one wants to communicate these thoughts via the media, such become subject to interception by a network of laws designed to jam or distort it in the interests of States or corporations or other persons or entities whom the thought leaves perturbed. This thesis will examine the interference network as liable to affect communication in the broadcast media in Malta with examples taken from England and even the United States but with special reference being made to decisions of the European Court of Human Rights in Strasbourg. A prominent characteristic of broadcasting regulation, which is the subject matter here, is its dynamic and responsive nature which means for example that public opinion and the views of the broadcasting industry can be influential in the making and practice of broadcasting law. The right which is freely flaunted throughout the world by means of the various forms of media is freedom of expression. But freedom of expression should stop before it starts to impinge on others - this is the restriction par excellence. On the other hand, though if it is with regard to a public persona, this person is presumed to be more tolerant to criticism - which is a form of renunciation of a degree of sensitivity or even privacy. Other reasons to limit this right concern the interests of national security; territorial integrity and even public safety. This is in so far as to prevent any disorderliness or even crime while at the same time restrictions may also be made to protect health and morals and the reputation of others or for preventing the disclosure of certain information received in confidence. Many profess that freedom of expression is the cornerstone of a democratic system and this freedom includes the right to receive ideas which becomes important as it is directly linked to the proper functioning of the same democratic system.