SC directs all media:

Follow EC guidelines

Wasantha RAMANAYAKE

The Supreme Court yesterday directed all media institutions to comply with the guidelines issued by the Elections Commissioner with regard to the publishing of articles and telecasting and broadcasting of programs during the Presidential Election campaign period.

The Court added that it would issue the direction to ensure the holding of a free and fair election in the interest of justice. He also noted that it made the direction without entertaining any accusation of violations of such guidelines by certain media institutions.

The Court made the order in connection with a motion filed by petitioner Presidential Candidate Sarath Fonseka seeking to place the Associated Newspapers Company Ltd (ANCL) and Independent Television Network (ITN) under the Competent Authority appointed by the Elections Commissioner. The petitioner had earlier filed a rights application alleging that his rights were violated by not giving publicity to his presidential campaign.

The Bench comprised Chief Justice Asoka de Silva, Justice Shirani Thilakawardane, Justice Nimal Gamini Amaratunga, Justice Saleem Marsoof PC and Justice K. Sripavan.

President's Counsel D.S. Wijesinghe appearing for ANCL raised objections to issuing an order subjecting ANCL to the Competent Authority without first hearing the ANCL before determining whether it had violated the guidelines issued by the Elections Commissioner.

President's Counsel Nihal Jayamanne and Manohara de Silva for ITN objected the motion on the basis that the previous application had been already terminated and relief had been granted. They argued that the petitioner could complain to Court of his rights violation in terms of a new application.

The counsel also argued that their client's freedom of expression could be violated if ITN was to be subjected to the competent authority. They submitted that the ITN could not have been treated with equal footing as Rupavahini Corporation and Sri Lanka Broadcasting Corporation which were expressly State institutions in terms of the Constitution.

They also argued if ITN was to be subjected to the Competent Authority, it would be discriminatory while other private media institutions are not treated in the same manner.

They also submitted that the guidelines issued by the authority were vague and were questionable.

President's Counsel Srinath Perera and Counsel Upul Jayasuriya for the petitioner submitted that State Media institutions violate guidelines issued by the Elections Commissioner and were also not cooperative with the Competent Authority appointed by the Elections Commissioner. They submitted two media institutions were government property, which could not be misused.

Attorney General Mohan Pieris PC among other things submitted that he has not received any instructions from the Elections Commissioner.

The rights application was terminated.