SPECIAL REPORT : Part 473
New laws contemplated by the government appears to have caused much concern among Opposition political parties for obvious reasons. The constitutionality of the proposed Broadcasting Authority Bill is expected to be challenged in the Supreme Court. The whole process of law making raised quite a stir in the wake of the recent shocking Supreme Court determination that one-third of the Bill titled ‘Central Bank of Sri Lanka’ is contrary to the Constitution and several dozens of amendments are required to pave the way for its passage with a simple majority. It also shows that our judges have a backbone and are not easily swayed by the incumbent all-powerful Executive President, who is only there on a ‘contract’ to complete the remainder of the previous President Gatabaya Rajapaksa’s term after he was ousted by violent protests instigated from outside.
By Shamindra Ferdinando
The Wickremesinghe-Rajapaksa government, continuing to struggle on the economic front, is keen to consolidate its position, both in and outside Parliament.
The media has emerged as the major challenge to the government due to the failure on the part of the Opposition to adopt a cohesive political strategy.
Both the government and the Opposition seem to be in disarray and unable to come to terms with the continuing political-economic and social crisis, fuelled by external forces.
The move to introduce a controversial Broadcasting Regulatory Commission Act should be examined, taking into consideration current political and economic challenges faced by the incumbent administration.
Did the Justice Ministry or the Media Ministry, at least, informally consult President Ranil Wickremesinghe, who is also the Minister of Defence, in addition to being the Finance Minister and the Commander-in-Chief of the Armed Forces, on the proposed Broadcasting Regulatory Commission Act, at least after being so thoroughly educated by the highest court in the land on the ‘Central Bank of Sri Lanka’ Bill? A section of the Opposition believes the President hadn’t been aware of this move.
However, former External Affairs Minister and SLPP rebel Prof. G. L. Peiris and Frontline Socialist Party (FSP) spokesman Pubudu Jayagoda didn’t mince their words when they alleged the whole exercise was for the benefit of President Wickremesinghe. Prof. Peiris has alleged that the President intended to rein in media in line with his overall political strategy to consolidate his power whereas Jayagoda explained how the Wickremesinghe-Rajapaksa government launched the project soon after the UNP leader’s election as the President in late July last year. Jayagoda insists that the Cabinet has cleared the Bill.
The Broadcasting Regulatory Commission and the committee tasked to investigate complaints against television and radio stations would be dominated by the President’s men to such an extent, it couldn’t be expected to discharge its responsibilities in an impartial manner. Jayagoda pointed out how two persons of the Regulatory Commission could take far reaching decisions regardless of the consequences. In case any member failed to carry out directives received from the President, he or she faced the axe.
Jaygoda questioned the absurdity in appointing the commission for a period of five years in line with the five-year presidential term. Both Prof. Peiris and Jayagoda emphasized the grave danger posed by the President exercising power over the media regardless of some sections of the media pursuing politically motivated agendas.
Against the backdrop of fierce criticism of the proposed law, Justice Minister Dr. Wijeyadasa Rajapakse, PC, on 02 June came up with the face saving reply that no final decision has been taken in this regard.
The former President of the Bar Association said that the issue at hand was still under discussion and a set of proposals, pertaining to the proposed Broadcast Authority Act, were in the public domain. The Minister insisted that the relevant bill is yet to be prepared.
The Colombo District lawmaker said so in his capacity as the Chairman of a Cabinet sub-committee tasked with preparing a regulatory mechanism in this regard. The Cabinet-sub-committee consists of Media Minister Bandula Gunawardena, Labour Minister Manusha Nanayakkara, Health Minister Keheliya Rambukwella and Ports and Shipping Minister Nimal Siripala de Silva.
The media raised the proposed Bill with Minister Rajapakse at a briefing in the Justice Ministry especially called to address issues pertaining to the Office of the Missing Persons (OMP) established in 2016 during the Yahapalana administration.
Dr. Rajapakse has assured that media organizations would be given an opportunity to make representations in this regard.
The latest controversy over the proposed Bill with a set of proposals outlining its possible content already in the public domain, should be examined against the backdrop of strong opposition to the proposed Anti-Terrorism Bill and Bill titled ‘Central Bank of Sri Lanka.’ In addition to those disputed and much discussed Bills, a major debate is likely over the proposed Budget Office. The text of the Bill meant to specify the powers, duties and functions of the Budget Office is now in the public domain. The government certainly owed an explanation as to why it cannot seek a consensus with the Opposition at the relevant consultative committee/sectoral oversight committee in this regard. The country is in such a desperate situation, it cannot under any circumstances afford further political turmoil.
Unfortunately, the government appears to be hell-bent on bulldozing its way through the legislature, regardless of whatever consequences.
The recent sacking of Janaka Ratnayake, the outspoken and highly ambitious Chairman of the Public Utilities Commission underscored the government strategy.
Ratnayake is on record as having said before a parliamentary watchdog committee that he received the influential position for serving the Rajapaksas. But, he was removed by the Rajapaksas’ SLPP at the behest of President Ranil Wickremesinghe. Altogether 123 lawmakers voted for the motion to remove Ratnayake whereas 77 opposed. Government member Ali Sabri Raheem voted against the motion to protest against the failure on the part of President Wickremesinghe and Premier Dinesh Gunawardena to intervene on his behalf after he was caught with undeclared gold and smartphones worth Rs 74 mn and Rs 4.2 mn, respectively, while coming through the VIP/VVIP channel at the BIA, where such people are normally whisked through without any checks.
Rebel SLPP lawmaker Prof. Charitha Herath mounted a no holds barred attack on the proposed Broadcasting Authority Act. At his regular briefing at Nidahasa Jathika Sabhawa (NJS) office at Nawala. The one-time Media Ministry Secretary explained how the proposed law could be utilized against television and radio stations which refused to toe the government line.
The NJS comprises 13 MPs elected and appointed on the SLPP ticket/accommodated on its National List.
Acknowledging the need and the responsibility on the part of the government to introduce the Broadcasting Authority Act, National List lawmaker Herath questioned the intention of those behind what he called a despicable move.
The country’s radio and television stations are allowed to operate in terms of the Ceylon Broadcasting Corporation Act (No 37 of 1966) and the Sri Lanka Rupavahini Corporation Act (No 06 of 1982), respectively. Herath also explained how the Telecommunications Act applied to broadcasting operations.
The MP said that no one could dispute the need to introduce a new law to regulate radio and television stations. But the proposed Bill now in the public domain revealed the government’s intention to suppress those who would dare to challenge it on whatever issue, lawmaker Herath said, warning the government of dire consequences if it pursued such a strategy.
Asked to explain, MP Herath alleged that the proposed Act dealt with radio and television stations in a manner that they were yet to be established in Sri Lanka. The architects of the new law conveniently ignored the fact that radio and television stations were in operation here for several decades and couldn’t be subjected to a new law the way it dealt with a new entrant.
“The bottom line is that the proposed Broadcasting Authority Act completely ignored Article 14 of the Constitution that guaranteed the freedom of speech and expression, including publication. If the enactment of the proposed Broadcasting Authority Act takes place as it is, that will deliver a deadly blow to democracy. We do not want a North Korea type situation here.”
Referring to the composition of the commission, MP Herath questioned the rationale in restricting the total number of members to five and the quorum three. Pointing out that of the five members of the proposed commission, two – a Secretary to a Ministry (most probably Media Ministry) and the Director General of Telecommunication Regulatory Commission were ex-officio, the lawmaker said the President would name three remaining members subject to the approval of the Constitutional Council.
Alleging that this commission would be nothing but a highly dangerous tool in the hands of those at the helm of political power, lawmaker Herath said that it could be used selectively against any media organization that took a stand contrary to that of the government in respect of any issue – ranging from national security to what the architects of this destructive piece of legislation called the national economy. The operations of the offending media could be either suspended or permanently closed down, the academic said, urging the print and electronic media to vigorously take up this issue.
MP Herath lambasted the government for seeking to prohibit the media taking up economic issues. Alleging that such provisions were political, the lawmaker said that the issue is who would interpret the term ‘national economy’ in an economically ruined country. Would it be President Wickremesinghe, in his capacity as the Finance Minister, Governor of the Central Bank Dr. Nandalal Weerasinghe, State Finance Minister Shehan Semasinghe or the International Monetary Fund, he asked
Prof. Herath expressed serious concern over the proposed committee consisting of three persons headed by the Director General, TRC, to investigate complaints directed at radio and television stations. Pointing out that there is ambiguity pertaining to the appointment of such a committee, the MP questioned how two out of the three-member committee could decide either to suspend or permanently close down operations of an ‘offending’ broadcaster.
Impact on Parliament
However, MP Herath didn’t discuss how the proposed new law could even hinder the coverage of parliamentary proceedings as well as the reportage of shocking disclosures at parliamentary watchdog committees. Depending on the stand taken by the government on a particular issue, in terms of the Broadcasting Authority Act, action can be initiated against a television station for its reportage on a matter even discussed in Parliament.
The UNP may use the new law to suppress reportage and discussion on Treasury bond scams perpetrated in 2015 and 2016 under its watch. The SLPP may find the new law useful to pressure the media over the reportage of circumstances leading to the economic ruin due to a spate of ill- advised decisions taken by President Gotabaya Rajapaksa.
The committee tasked with investigating complaints against media organizations may find even the exposure of serious lapses on the part of the bureaucracy offensive. A case in point is the shocking disclosures made in the relevant parliamentary watchdog committees how the officialdom addressed critical issues at hand. The recent revelation that taxes, interest and penalties amounting to Rs 904 bn hasn’t been collected by the Inland Revenue underscored the need to address this issue urgently.
During the media briefing lawmaker Herath explained how the media could be targeted on the basis of alleged abuses in the coverage of issues. In the absence of interpretation of the term abuse of power, the committee headed by the Director General, TRC would be able to find fault with any broadcaster to appease his/her political master. It would be pertinent to mention that just two out of a three-member committee is authorized to decide on the fate of a media organization. Even the criticism of the controversial postponement of the much delayed Local Government polls indefinitely may attract the attention of the Broadcasting Authority as the government propagated the myth that economic recovery should be given priority, therefore election process can wait.
Prof. Herath explained how members of the commission can be removed in case they didn’t toe the government line. Instead of the very purpose a Broadcasting Authority is required to primarily have a level playing field, the one proposed can be a threat to media freedom. In the hands of politicians who pursue destructive self-aggrandizing strategies regardless of consequences, therefore the proposed Broadcasting Authority can be a tool to harm the free media. Prof. Herath regretted that the previous attempts to establish a Broadcasting Authority hadn’t been successful.
Harsha takes a strong stand
Samagi Jana Balavegaya (SJB) front liner Dr. Harsha de Silva is another MP who came out strongly against the proposed law. The former UNP non-Cabinet minister flayed the government over the move at a media briefing held at the Opposition Leader’s Office on Sir Marcus Fernando Mawatha.
The top SJB spokesman warned that this legislation, touted as an effort to advance the mass media, actually would serve as a tool for the government to crack down on and manipulate the media to suit its own agenda.
According to Dr. de Silva, the proposed Broadcasting Authority Bill contained provisions that enabled the government to exert pressure on and control media outlets that do not align with its ideology. Such measures, the economist argued were fundamentally incompatible with the principles of a democratic society.
“One of the cornerstones of a democracy is the freedom to hold differing opinions. The media cannot be subject to the whims of a particular authority that operated at the behest of the government. The media should enjoy the independence to express their views”, Dr. de Silva asserted. “This right to free expression is a fundamental tenet of any democratic society. The proposed Broadcasting Authority Act aims to stifle the media, and we will not stand for it”.
Dr. de Silva further cautioned that the government’s motives behind this legislation mirror its previous attempts to suppress the media through the failed Anti-Terrorism Act. The MP asserted that, having faced resistance to their oppressive measures, the government is now seeking alternative avenues to fulfill its objective of muzzling critical voices, and the Broadcasting Authority Act is their latest attempt to do so.
The concerns raised by Dr. Harsha de Silva who was once widely tipped to be the Finance Minister of the Wickremesinghe-Rajapaksa government, underscored the need for a robust and independent media, one that could act as a vital check on governmental power and foster a thriving democratic society. The MP stressed the pivotal importance policymakers and citizens alike closely examine the proposed legislation and its potential implications on press freedom, ensuring that any changes made to media regulations did not infringe upon the democratic principles that underpin our society.
SJB and Opposition Leader Sajith Premadasa has alleged that the government’s latest bid was meant to create an environment in which only those who propagated the government line could operate.
Lawmaker Premadasa has said that the move to throttle the media seemed to be a critical part of the government’s overall strategy and should be considered as an extremely dangerous move against the backdrop of indefinite postponement of Local Government polls. MP Premadasa, like his opposition colleagues Prof. Herath and Dr. de Silva, alleged the licenses were to be issued on the basis of the media organizations’ loyalty to the government.
Censorship
Several decades ago, Sri Lanka exercised censorship to control the media, at a time television posed no real challenge.
Having joined The Island in June 1987, the writer remembered how print media had to submit all ‘copies’ that dealt with security and political issues to the government censor for approval. Successive governments imposed censorship to cover up military reversals in the Northern and Eastern Provinces and part of the overall strategy to deal with the second JVP-led insurgency 1987-89.
Successive governments harassed the print media and attacks directed at journalists and private media institutions over the years were part of that despicable strategy. Whatever the provocations, the assassinations of journalists cannot be condoned. Perpetrators of such heinous crimes had never been arrested. The assassination of The Sunday Leader Editor Lasantha Wickremetunga on January 08, 2009 is perhaps the case that attracted the most media coverage though there were many other attacks.
Keith Noyahr, Defence correspondent at the now defunct The Nation newspaper earned the wrath for his critical weekly column titled ‘Military Matters.’ His abduction and subsequent release in May 2008 exposed the then government though the investigation was never brought to a successful conclusion even after the defeat of that government in January 2015!
The proposed Broadcasting Authority Bill has taken the government’s battle (whichever party in power) to a new level. Now political strategy is aimed at closing down whole television or radio stations.
