Issue link: https://maltatoday.uberflip.com/i/1325383
4 maltatoday | WEDNESDAY • 6 JANUARY 2021 NEWS MATTHEW AGIUS THE Broadcasting Authority has decided in favour of Caruana Galizia family lawyer Jason Azzopardi, in a complaint he filed against state broadcaster TVM. The dispute centred around an online news item and a subsequent news broad- cast making the false allegation that Azz- opardi, a Nationalist MP, had been repri- manded by the court in a decree. Azzopardi had complained that this was not a faithful and correct report as there was no such reprimand in the decree. Be- sides this, the emphasis had been on pe- ripheral elements to the scope of the de- cree, he argued. Azzopardi, who presented his own case, said that in the 18-page decree there was no warning or reprimand. After he had complained to the state broadcaster, the online report was corrected but the sub- sequent 8pm news bulletin repeated the incorrect information. The fact that the online version was changed was in itself an admission of fault on the part of the station. Editor Norma Saliba for PBS confirmed that the word "warned" ("imwissi") was changed as soon as they received the com- plaint and that this was later reflected in the 11pm news bulletin. In its decision this afternoon, the Au- thority agreed with the plaintiff that the reporting was not faithful and that the journalist in question had misinterpreted the legal concept of "kawtela" as a warning. Declaring the title of the report as incor- rect and unjust with regards Azzopardi, the authority said that this declaration was in itself a sufficient remedy. "In the light of this, the Authority is rep- rimanding PBS and requesting its news- room to give fitting and stringent attention to its reporting, in order that all reportage is truthful and close to the facts. The au- thority emphasises that in every story there is no interpretation of the facts and this so that the bulletin remains impartial, truthful and built on accuracy." BA upholds Azzopardi complaint on TVM broadcast Magistrate issues contempt of court decree over Fenech 'pre-trial publicity' MATTHEW AGIUS A magistrate hearing the com- pilation of evidence against the alleged Daphne Caruana Galizia assassination mastermind Yor- gen Fenech has ordered con- tempt of court proceedings to be instituted against the authors of certain online articles. Magistrate Rachel Montebel- lo, in a ruling handed down on December 28, observed that the court felt the need to intervene to protect the proceedings from the "frequent, intensive and generally negative" reporting on Fenech's case. The complaint was filed by Yor- gen Fenech's defence lawyers, but the decree is also on based on several notes submitted by the Attorney General on pre-trial publiclity. The publications complained about also include a satirical post by the Bis-Serjetà Facebook page on the defence counsels them- selves, which was submitted to the courts during the proceed- ings on 18 Decemeber 2020, but not as part of the initial com- plaint. The post was a reference to one of the Yorgen Fenech law- yers embroiled in an unsolicited online quarrel with Mark Camill- eri, the National Book Council chairman. The articles complained about also include news items from MaltaToday, The Times, News- book, Lovin Malta, Manueldelia. com, The Shift as well as Face- book posts by Matthew Caruana Galizia. MaltaToday is already facing separate contempt of court pro- ceedings over leaked Melvin Theuma tapes posted on Reddit. She said these included "unjust attacks intended to obstruct the defence lawyers and deputy At- torney General in the carrying out of their duties and cast an ug- ly shadow over their capacities or characters." "Insofar as reporting on the criminal proceedings against the accused before this court, apply- ing recommendations and the teachings of the European Court on the subject, it should only be the media and not private in- dividuals who report about the proceedings and this to avoid as much as possible inaccurate or prejudiced reports on the pro- ceedings." As the alleged contemptuous acts were not carried out in front of the court, in order to safeguard the right to a fair hearing and in line with the teachings of our courts on the subject, the mag- istrate ordered the Registrar of courts to begin contempt of court proceedings against the authors of the publications mentioned. Magistrate Montebello disa- greed with suggestions of a blan- ket ban on the reporting of the proceedings. The court was of the opinion that the matter was one of public interest, given Fenech's vast con- tacts with politicians and busi- nessmen and his involvement in projects of national importance. The court also ruled that insults against court officials, amongst them the lawyers of the parties, the Attorney General or his rep- resentatives and the prosecutors which are intended to disturb them in the carrying out of their duties were "an attack against the administration of justice and contempt of court." The court also reaffirmed the express prohibition of the publi- cation of the contents of Fenech's phone. Yorgen Fenech lawyers obtain contempt of court decree over 'pre-trial publicity' A Bis-Serjeta Facebook post was included in a court complaint by the Fenech lawyers Declaring the title of the report as incorrect and unjust with regards Azzopardi, the authority said that this declaration was in itself a sufficient remedy