In recent times, the freedom of the Press in Sri Lanka appears to be free of any interference. Due to the efforts of the Free Media Movement and other concerned groups of journalists, Chapter XIX of the Penal Code containing Sections 479 and 480 dealing with defamation have been abolished by the Penal Code (Amendment) Act No.12 of 2002. In 1998, the Colombo Declaration on Press Freedom and Social Responsibility was made.
A revision was made in 2002, the year in which the Penal Code was amended to exclude the offence of criminal defamation. Lord Black of Brentwood, Executive Director British Telegraph Media Group and Former Director of the UK Press Complaints Commission in his foreword to the book titled Other War – Sri Lanka’s recent struggle for media freedom. by Raja Weerasundera states, “It took many years, much sweat, toil and commitment, but in 2002, the government announced that criminal defamation would be abolished and the country’s media associations reciprocated by announcing that a self-regulatory body, the Sri Lanka Press Complaints Commission would be established.
There are five ‘C’ accepted in journalism, which hold that the reporting should be correct, clear, concise, complete and consistent. Of course correctness in reporting encompasses that the truth must be stated without fear or favour. There is no doubt whatsoever that although the truth can be suppressed for some time, it will finally prevail as stated in the Bhagavad Gita ‘Sathyam mevathu Jayathu’.
Article 14(1) (a) of the present (1978) Constitution of Sri Lanka provides that: ‘Every citizen is entitled to the freedom of speech including expression and publication.’ Article 3 asserts that ‘In the Republic of Sri Lanka sovereignty is in the People and is inalienable.’ Sovereignty includes the powers of government, fundamental rights and the franchise.’ Article 4(d) ensures that ‘the fundamental rights which are by the Constitution declared and recognized shall be respected, secured and advanced by all the organs of Government, and shall not be abridged, restricted or denied save in the manner hereinafter provided.’ Article 15 in 8 sub-articles sets out the restrictions on the aforementioned provisions in detail.
Restrictions on fundamental rights, including those described above, may be placed in the interests of national security, public order, protection of public health or morality, racial and religious harmony or in relation to Parliamentary privilege, contempt of court, defamation or incitement to an offence, national economy or for securing due recognition and respect for the rights and freedoms of others or meeting the general welfare of a democratic society. Thus it is seen that the fundamental rights of a citizen are not absolute but restricted.
In the case of Sinha Ratnatunga v. The State {2001}2Sri LR 172, The Court of Appeal held as follows: ‘What the Press must do is to make us wiser, fuller, surer and sweeter than we are. The Press should not think that they are free to invade the privacy of individuals in the exercise of the constitutional right to freedom of speech and expression merely because the right to privacy is not declared a fundamental right of the individual.’ It was further held that: ‘The law of defamation both civil and criminal is also geared to uphold the human beings’ rights to human dignity by placing controls on the freedom of speech and expression.
The press should not seek under the cover of exercising its freedom of speech and expression, make unwarranted incursions into the private domain of individuals and thereby destroy their right to privacy. Public figures are not exceptions. Even a public figure is entitled to a reasonable measure of privacy.’ It is also important to note that the Court held: ‘The press is all about finding the truth and telling it to the people. In pursuit of that, it is necessary that the press should have the broadest possible freedom of the press. In other words there should be very limited control over the newspapers. Otherwise wrong doing would not be disclosed.
Charlatans would not be exposed. Unfairness would go unremedied. Misdeeds in the corridors of power in government and private institutions will never be known. However, with that great gift of freedom of the press, comes great responsibility. In other words the more powerful the press is, it should also be a responsible press which will not abuse the enormous power it has.’
Dr. Wickrema Weerasooriya in his speech titled ‘Self-Regulation of the Media: Some Thoughts from Experience’ at the Sri Lanka Press Institute on September 6, 2011 quoted the Buddha as follows: ‘You, yourselves should strive towards perfection. The Buddha can only show the way’.
‘Similarly’ he said ‘my humble request to Editors, Journalists and others associated with the media is, you, yourselves should strive towards ensuring a free and socially responsible media. The Code of Professional Conduct and the Press Complaints Commission and all that it is doing can only show the way.’
At the present time in Sri Lanka a new Prime Minister Ranil Wickremesinghe has assumed office and commenced his work as to remove the obstacles in providing food supplies, fuel, medicines and electricity without any breakdowns to the people using his past experience in rectifying the lack of money supplies to the nation required to ensure constant supplies. With vast experience in the political field and many international connections the new Prime Minister has wide experience in completing the work assigned to his position.
The media can assist the newly established apolitical Government by publishing informative articles in their various relevant fields by providing relevant information for the government in attending to these difficult tasks. All patriotic citizens should assist the Government to salvage our Motherland from the abyss it has fallen into. Finding fault with predecessors whoever they may be will not assist in this task but observing where they had failed solutions can be suggested.
All political animosities should be laid aside and our patriotic brethren protesting at Galle Face should cooperate with those in authority to solve this crisis. Regarding the press which is part of the media should cooperate with the government to solve the present crisis. Then once the country is made stable and funds are made available with the cooperation of international sources a general election can be held and as decided by our people let all citizens devoid of any struggles set up the government to proceed with the activities of the State by people appointed by our people with consensus. All differences among our people concerning political affiliations, caste, creed, race and all other differences must be set aside and all our people of Sri Lanka should unite as one to salvage our beloved Motherland, our little beautiful paradise island of Sri Lanka.
The writer is an Attorney-at-Law
with LLB, LLM, M.Phil. (Colombo)[email protected]
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