Satellite Dish Taxes
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This week I am featuring a letter sent to Martin Spiteri, director of the Wireless Telegraphy Department:
With predictable and ominous punctuality, your department has sent me a notice informing me that I have been fined an extra Lm25 for not having paid the so-called "licence fee" of Lm25 on my satellite receiver, which expired on June 30. You also threatened me that: "in order to avoid further expenses you are advised to settle the amount in seven days. Otherwise the Department shall take legal action in terms of the Wireless Telegraphy Ordinance (Cap. 49)".
Now let us say that you are doing your duty in enforcing ordinances which have been drawn up elsewhere by the powers that be - I certainly cannot and will not blame you or your department for that. But that does not change or excuse the fact that you are in the unenviable position of enforcing a tax which is both unjust and illegal, and which infringes some of my fundamental rights as enshrined in European law. For this reason you and your department are laying yourself open to infringement proceedings by the European Commission.
As a law-abiding citizen like you, I have always paid my taxes, including this notorious satellite dish tax. Although I considered it unfair from the beginning, I still paid it regularly under protest up to last May, since I felt I had little or no means of redress at the time.
Now, as a fully fledged European citizen, I do. By insisting on enforcing this illegal regulation, and fining me for not complying with it, you are going against my basic right to benefit from the free flow of information, services, and persons as required and guaranteed by EU law, which you and your department are breaching. Who is breaking the law here? Were I to continue paying this fee, I would be in the ridiculous position of collaborating in infringing my own fundamental rights. That I will not do.
Apart from the legalities of the case, which I will leave to my lawyer, would you please, in your capacity as wireless telegraphy expert, give me one rational, common sense reason that could justify the imposition and continued enforcement of this tax on us.
Is the local administration involved in any way in providing any of the satellite services in question? Is it allocating any frequencies that would justify the need for this licence? Does it claim the right to impose a fee on all the free signals, including those coming from beyond our borders, that traverse our God-given airspace? If so, why not tax radio receivers, not just satellite ones? Such a reductio ad absurdum shows the ludicrous irrationality and the gross unfairness of this tax. The administration is not contributing one single iota to satellite services, yet it expects to be paid for the provision of nothing!
One of our top experts in European law, Dr Simon Busuttil, has publicly stated that this tax is simply "incompatible with EU law". He has also stated that a judgment of the EU Court of Justice supports his opinion, and that such judgments of the EU Court must be followed in Malta. I would go further and say that it is incompatible with any form of natural and rational law.
If this illegal satellite dish tax is not inspired by arrogance or greed, as I'm sure it isn't, it should be waived instantly as the fruit of a misguided decision. Otherwise, if retained, the Government risks exposing itself and the nation to ridicule and embarrassment - a sad debacle for a fledgling member, one of whose stated intentions in joining the EU was to guarantee and strengthen the individual rights of its citizens. Can we afford the bad publicity?
The Hon. Censu Galea, Minister of Competitiveness and Communication, and a reasonable man if ever there was one, cannot help but see the logic behind all this, I'm sure.
Sir, you are intelligent enough to see this is not a question of Lm25 or Lm50 any more; it has become a test case, a matter of principle and fundamental rights. I am a strong believer in the law and the need to abide by it in any civilised society as long as the law in question is just and reasonable.
This particular satellite regulation is neither, and hence I feel neither morally nor legally bound to comply with it. You may go on doing what you consider to be your duty by insisting on fining and taking legal action against me.
I will go on doing my duty by protecting my rights, come what may. In this case I intend to enlist the help of our two MEPs, Dr Simon Busuttil and Mr Joseph Muscat, both of whom have made it amply clear that they will fight for the removal of this unjust and illegal tax. (Carmel Caruana)
As usual I have asked for Mr Spiteri's comments and gave him ample time to reply, to no avail. In any case, he is still welcome to send us his comments on this issue.
I must yet again point out to him that, in accordance with EU laws which Malta is legally (and indeed morally) obliged to adopt, everyone in the EU has the right to use a satellite dish without any technical, administrative, urban planning or tax obstacles. The right to do so emanates from the free movement of goods and services, which are both fundamental EU internal market freedoms.
Yet again I must highlight the embarrassing aspect for our country, whereby, now that we are in the EU, we made a commitment to abide by EU laws. Now that we have been accepted in the club because we were perceived as being trustworthy enough to respect and abide by EU laws, we are exposing ourselves as not being trustworthy enough.
Satellite dishes make it possible for consumers to receive multiple services via satellite. They facilitate mutual exchanges between various countries overcoming national borders and cultures. This is the basis on which all nations can hope to co-exist in peace and harmony. The use of satellite dishes must therefore be free from any unjustified obstacle.
I have no doubt that whoever is responsible and empowered to retain or abolish this (EU illegal) tax is doing so for financial reasons. Therefore, in this spirit, I urge whoever is responsible and empowered, to replace the satellite dish tax with fines ranging from Lm50 to Lm1,000 on litter-louts.
Indeed a crackdown on the ever-increasing illegal dumping of rubbish would easily replace the income lost by abolishing the satellite dish tax. I have no doubt that it is possible to find enough Government employees willing to supervise known (illegal) dumping areas and charge litter-louts on the spot fines ranging from Lm50 to Lm1,000. The incentive for the supervising staff involved would be a percentage of the fines.
I have no doubt that in the prevailing scenario the revenue from these fines would easily compensate for the abolition of the satellite dish tax. It makes more sense to adopt an assiduous stance with litter-louts rather than fining consumers who, despite the illegal aspect of the tax, actually pay it a day late.
Indeed I am very encouraged to read that Prime Minister Lawrence Gonzi is looking into the litter-louts issue and we owe it to ourselves to support and encourage him accordingly.
