New Book Embattled Media Evolution, Governance and Reform in Sri Lanka

8/9/2019 New Book Embattled Media Evolution, Governance and Reform in Sri Lanka

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New Book: Embattled Media Evolution,

Governance and Reform in Sri Lanka

Sri Lanka’s Media Law and Policy

Edited by William Crawley, David Page & Kisali Pinto!"ayawardena

# $ebr%ary ', ('), Colombo, Sri Lanka *%ardian+ Wit essays by Sri Lanka’s leading

media ractitioners, -oreign corresondents, senior editors, lawyers, legal analysts and

media academics incl%ding .mal "ayasinge, Sina /atnat%nga, 0ilak "ayaratne,

Kisali Pinto!"ayawardena, *ean *%natilleke, "ayanta de .lmeida *%neratne,

1alaka *%nawardene, .meen 233adeen, 1amini Wi4edasa, Sarat Kellaota and S5

/ag%ram5

‘Embattled Media is a book on te travails o- te media in Sri Lanka tat will be o-

interest to media academics, st%dents and citi3ens o%tside te co%ntry beca%se tis

collection is o- a ig standard, and engages wit general iss%es o- media, ower and

-reedom5’ 6Pro-essor "ames C%rran, *oldsmits, 7niversity o- London

‘0is is a 8timely and imortant book abo%t te di--ic%lties o- olding -ast to te

rinciles o- -ree seec %nder letal ress%re -rom te -orces %nleased in a con-lict

3one5 Sri Lanka is c%rrently on te world’s conscience as a res%lt o- %man rigts

atrocities5 0is work sows ow cr%cial an indeendent media will be to any rosect

http://www.slguardian.org/?p=26526http://www.slguardian.org/?p=26526http://www.slguardian.org/?p=26526http://www.slguardian.org/?p=26526


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o- -%t%re eace5’ 6*eo--rey /obertson 9C, a%tor o- /obertson & 1icol on Media Law

and Crimes .gainst :%manity; 0e Str%ggle -or *lobal "%stice

‘0is ioneering st%dy considerably broadens te scoe o- media st%dies in So%t .sia5

< 0e vibrant b%t beleag%ered media in Sri Lanka deserves m%c greater scolarly

attention and Embattled Media makes an inval%able contrib%tion to tis endeavo%r5’

6Daya 0%ss%, Pro-essor o- 2nternational Comm%nication, 7niversity o- Westminster,London

‘2n tis book, Crawley and Page and teir co!a%tors ave rod%ced a remarkable and

a%toritative analysis o- media in te region5 We need more o- tis kind o- analysis <

comreensive, clear in its concl%sions, carving clarity -rom comle=ity and

bea%ti-%lly written5’ 6"ames Deane, Director, Policy and Learning, >>C Media .ction

#writing in is ersonal caacity+

‘0is book is bot a reality ceck and an eye oener on te state o- te news media in

te island nation5 0is cor%s not only con-irms wat we ave known -or some time to be a state o- siege o- te -o%rt estate in Sri Lanka b%t also o--ers det and breadt to

tat ligt and %ts te c%rrent condition o- te news media tere in ersective5 2t is

remarkable tat resident media ractitioners and roonents o- civil liberty yet say all

tat tey do wit analytic clarity and cool conviction in te caters tey ave

contrib%ted to tis work5 >etween te lines in tese ages, too, is a call -or ro-essional

solidarity wit tose %nkered in te trences in tis str%ggle -or restit%tion o- -ree

democratic e=ression5’ 6Sasi K%mar, Cairman, Media Develoment $o%ndation &

.sian College o- "o%rnalism, Cennai

E=certs -rom Cater ?ne @ Democracy, *overnance and Media /e-orm; Sri Lankaand te Wider /egion

$or a long time, Sri Lanka ad an enviable international re%tation as a co%ntry wit

strong democratic traditions, a ig level o- literacy and its own wel-are state,

roviding -ree ed%cation and -ood sec%rity -or all its citi3ens5 Comared wit 2ndia and

Pakistan, wic emerged -rom >ritis colonial r%le tro%g te tra%ma o- artition,

mass migration and killings, Sri Lanka seemed to glide e--ortlessly to indeendence in

AB wit little or no con-rontation wit te dearting imerial ower5 7nlike in 2ndia,

were te 2ndian 1ational Congress became te dominant olitical arty -or nearly ('

years, or Pakistan, were te M%slim Leag%e began to -ract%re even be-ore te deat o- te state’s -o%nder, Sri Lanka soon develoed its own version o- te >ritis two!arty

system, wit ower alternating wit a degree o- stability between te 7nited 1ational

Party #71P+ and te Sri Lanka $reedom Party #SL$P+ tro%g te A)'s and A's5

0e decision to derive te tea workers o- teir citi3ensi in AB was voci-ero%sly

oosed by 0amil oliticians, b%t in te early years, te Sri Lankan 0amil comm%nity

layed a -%ll art in olitics and in te ro-essions, incl%ding te law and te civil


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service5 0e legal ro-ession attracted many o- te island’s brigtest %ils and te

4%diciary develoed a re%tation -or indeendence and -or cecking government

e=cesses and %olding individ%al rigts5 0e Sri Lankan ress6Englis, Sinala and

0amil6layed its own art in tis democratic rocess, to%g radio remained a

government monooly %ntil te AA's5 0e 8divide!and!r%le’ olicies o- te colonial

r%lers ad always been resented by some Sinalese, wo -elt tat teir lang%age andc%lt%re ad been neglected, and tis became a more signi-icant -actor a-ter (

Embattled Media indeendence5 Wit te stirrings o- Sinala o%lism in te A)'s,

te elite olitics o- te Englis!seaking class were grad%ally s%erseded by a more

etnically driven olitical agenda5 0e Sri Lankan $reedom Party o- S5W5/5D5

>andaranaike camioned a olicy o- 8Sinala only’ and reresented Sri Lanka

increasingly as a Sinala >%ddist nation, wic le-t oter comm%nities -eeling

marginalised5

0e A) >andaranaike@ Celvanayakam act was eras te last best oe o- a

gen%ine olitical accommodation wit te 0amils, to%g it rovoked so m%coosition tat event%ally it was abrogated by >andaranaike imsel-, wo not long

a-terwards was assassinated by a >%ddist monk5 0e 71P contin%ed to attract

s%ort -rom bot te main comm%nities b%t as te arty o- b%siness interests, it was

considerably weakened in te A's, wen Mrs Sirimavo >andaranaike’s le-t!wing

coalition government nationalised many o- te co%ntry’s leading ind%stries, incl%ding

te ower-%l Lake :o%se newsaer gro% owned by te Wi4ewardena -amily5 .n

ins%rrection by Sinala yo%t in te so%t o- Sri Lanka in A ad signalled a ma4or

callenge to te co%ntry’s establised olitical arties and eralded a eriod o-

olitical and economic t%rb%lence50e P%blic Sec%rity ?rdinance, wic was enacted in AB to deter le-tist trade %nions,

was %sed against te ins%rrectionists and ad oc legislation was enacted to try tem5 2n

A(, te coalition government recasts te co%ntry’s constit%tion, severing te links

wit te >ritis crown and relacing te *overnor *eneral wit a President as

nominal ead o- state5 0e constit%tion removed te notion o- an indeendent civil

service and aved te way -or te oliticisation o- te b%rea%cracy5 0e indeendence

o- te 4%diciary was weakened by several rovisions tat tilted te balance o- ower

-irmly towards te legislat%re5 "%dges were derived o- teir traditional traings o-

o--ice, s%c as teir robes and wigs5 0e rigt o- aeal to te Privy Co%ncil wasabolised5 0e revio%s system o- 4%dicial review by te co%rts was relaced by a new

mecanism6a constit%tional co%rt wit more limited owers to scr%tinise bills5 Even

so, tensions between arliament and te newly establised co%rt were aarent -rom

te start5 .t its -irst sitting over te Press Co%ncil >ill, tere was a clas wit

arliament5 0e entire co%rt resigned and te government was comelled to aoint a

-res set o- 4%dges5 0e enactment o- te Press Co%ncil >ill containing draconian

rovisions -or te reg%lation o- te co%ntry’s rint media was a clear sign o- emerging


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a%toritarian trends5

Minority rigts were a--ected by te abolition %nder te A( constit%tion o-

sa-eg%ards rovided %nder te revio%s one5 Fiolence escalated in te nort wit te

assassination in "%ly A) o- te Mayor o- "a--na, .l-red D%raiyaa, by 0amil

yo%ts, wo were later to -orm te Liberation 0igers o- 0amil Eelam #L00E+5 Senior

0amil oliticians, wo regarded D%raiyaa as a government collaborator, did notcondemn te assassination, to%g it igligted an e=tremist trend among bot

0amil and Sinala arties wic was to ave increasingly divisive conseG%ences5

Witin a year, te newly -ormed 0amil 7nited Liberation $ront #07L$+ assed a

resol%tion calling -or te -ormation o- a searate state o- 0amil Eelam5 Wit te Sri

Lankan economy in a state o- siege, yo%t %nemloyment rising, minority arties in

-erment and -reedom o- e=ression restricted, arliamentary democracy seemed

s%ddenly m%c more -ragile5 Mrs >andaranaike e=tended er eriod o- o--ice wito%t

electoral aroval and by te time se called, te general elections o- A ad become

very %no%lar5 2n tose elections, te SL$P and its allies were swet away in "5/5"ayawardene’s landslide victory and wit tem te olicies o- economic sel-!reliance

and state control wic ad roved so ine--ective5 2t was a 8winner takes all’ scenario

and "ayawardene %sed is enormo%s mandate to introd%ce a new .merican style

constit%tion, becoming te co%ntry’s -irst directly elected President5

Wit 2nternational Monetary $%nd #2M$+ backing, Sri Lanka embarked on a new

e=eriment in economic liberalisation, wit Singaore as its ideal5 .n imressive new

arliament b%ilding was commissioned at Kotte b%t arliamentary democracy ad in

e--ect been s%erseded5 0e centralisation o- ower wic ad beg%n %nder Mrs

>andaranaike was now instit%tionalised in a -ormidable new way in wat "ayawardene bi3arrely called a Democratic Socialist re%blic5 "%ni%s /icard "ayawardene was a

man o- Cristian antecedents and %bringing wit no real symaty -or Sinala

o%lism b%t e ad introd%ced a system o- government wic accent%ated te

co%ntry’s already distinct ma4oritarian and a%toritarian tendencies5 :e ad resigned

-rom arliament in rotest at Mrs >andaranaike’s e=tension o- er term o- o--ice, b%t

e later derived er o- er civic rigts and e=tended te 71P’s arliamentary term by

means o- a re-erend%m5 0is mani%lation o- arliamentary terms as become an

%n-ort%nate -eat%re o- Sri Lanka’s democracy5 0e 4%diciary was also weakened5 Some

constit%tional amendments ens%red sec%rity o- ten%re -or 4%dges, b%t te newconstit%tion also incl%ded a cla%se seci-ying tat all 4%dges o- te aellate co%rts, on

te commencement o- te new constit%tion, sall cease to old o--ice5 President

"ayawardene %sed tis cla%se to 8reconstit%te’ te iger co%rts by not aointing o%t

o- te A sitting 4%dges5 0is meas%re %ndermined B Embattled Media teir g%aranteed

ten%re and establised an %nealty recedent5 0e A constit%tion also did noting

to address 0amil demands -or more a%tonomy, desite rising militancy in te nort5

1or did it declare te 0amil lang%age an o--icial lang%age, desite te -act tat tis was


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a key concern o- te 0amil!seaking minorities5 0e 0amil lang%age was only given

o--icial stat%s tro%g amendments a decade later5 "ayawardene oed tat is new

oen!door economic olicy wo%ld bring roserity to Sri Lanka and el to solve its

%nemloyment roblems b%t it took time to get going and bro%gt more bene-its to te

so%t tan to te nort, wic ad s%--ered low levels o- investment -or years5

Politically, "ayawardene tried to b%y o-- te 0amil olitical and arliamentary elite wit rivileges o- vario%s kinds, b%t e made -ew real concessions to teir demand -or

greater olitical a%tonomy5 0ey sowed teir willingness to work wit im b%t

received little in ret%rn and were event%ally br%sed aside wit great br%tality by

yo%nger, more militant gro%s5 >y AH, wen B soldiers were killed in "a--na by

0amil ins%rgents and armed mobs were let loose on 0amil roerty and b%sinesses in

Colombo in retaliation, te scene was set -or a deeening etnic ri-t and eret%al

ins%rgency in te nort and te east5 >y A), 0amil ins%rgent gro%s ad taken

control o- "a--na and in May tat year, te L00E, wic was becoming te dominant

gro%, staged a massacre at .n%rada%ra, wic orri-ied Sinalese oinion5Massacres o- Sinalese civilians by te L00E were matced by te killings o- 0amil

villagers by te .rmy in te nort, o-ten in retaliation -or te deats o- soldiers

tro%g roadside bombs and amb%ses5 2n A, as te Sri Lankan army began an

oeration to retake te "a--na enins%la, 2ndia, wic was roviding moral and

material s%ort to some o- te 0amil gro%s, intervened to try to bring abo%t a

settlement5

Wit te aointment in AAA o- a -ormer .ttorney *eneral, Sarat Silva, to te o--ice

o- Cie- "%stice by President K%marat%nge, te S%reme Co%rt was taken in olitically

driven directions, attracting te cens%re o- te 7nited 1ations and monitoring bodiess%c as te 2nternational >ar .ssociation5

0e 2ndo!Lanka .ccord, signed on (A "%ly, bro%gt an 2ndian Peace Keeing $orce

#2PK$+ to te nort and %sered in te Ht .mendment to Sri Lanka’s Constit%tion,

setting % Provincial Co%ncils and o--ering te rosect o- olitical a%tonomy -or te

nort and te east5 7nder te agreement, te Sri Lankan army witdrew to barracks

and te 0amil ins%rgents were s%osed to lay down teir arms5 >%t te leader o- te

L00E, Fel%illai Prabakaran, %ltimately re-%sed to comly and la%nced a military

o--ensive against te 2ndian troos5 2n te so%t o- Sri Lanka, e=loiting te resence

o- 2ndian troos and te strong nationalist reaction among Sinalese eole, yo%tmilitants o- te "anata Fim%kti Peram%na #"FP+ la%nced teir second o--ensive

against te government, leading to to%sands o- e=tra!4%dicial e=ec%tions Democracy,

*overnance and Media /e-orm ) and disaearances at te ands o- bot state and

non!state actors5 0is ins%rrection, wic aralysed government in te so%tern

rovinces -or more tan two years, was G%elled wit considerable br%tality and te

killing o- te "FP leadersi by early AA'5


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2n te same year, wit a cange o- government in Deli, te 2PK$ witdrew -rom Sri

Lanka and te war in te nort res%med5 2n AAB, te 71P, wic ad r%led te

co%ntry -or nearly years %nder tree Presidents, was -inally re4ected at te olls5

Candrika K%marat%nga became te Prime Minister o- Sri Lanka at te ead o- an

SL$P!led coalition, and was later elected President5 Se ad camaigned on te basis

o- bringing eace to te co%ntry a-ter years o- war and anded a convincing electoralmandate, to%g te romise o- eace was not -%l-illed d%ring er ' years in o--ice5

2nstead, a-ter a oneymoon eriod o- two or tree years, te trend towards

a%toritarianism contin%ed5 E=ec%tive inter-erence in te 4%diciary became

rono%nced5 Editors were targeted wit criminal de-amation carges and 4o%rnalists

were s%b4ected to ysical treats and assa%lts5 2n ('', er government lost te

national arliamentary elections to a 71P!led coalition known as te 7nited 1ational

$ront #71$+ wit /anil Wickremasinge as te Prime Minister5 0is %sered in an

%n%s%al two!year eriod o- 8co!abitation’, wic bro%gt some rela=ation o-

restrictions on te media and renewed e--orts to -ind a eace-%l sol%tion to te

co%ntry’s civil war5 . 1orwegian!brokered cease-ire accord was signed between te

L00E and te 71$, b%t it became notable -or in-ringements o- its vario%s rovisions

by bot arties5 2n 1ovember (''H, K%marat%nga dismissed te Prime Minister wen

e was o%t o- te co%ntry and in .ril (''B, a-ter -res elections, er arty re!

cat%red ower in a 7nited Peole’s $reedom .lliance, wic incl%ded te "FP5

?n er retirement as President in (''), er Prime Minister, Mainda /a4aaksa, was

elected as er s%ccessor, wit strong backing -rom te >%ddist clergy5 0e cond%ct o-

te war in te nort and te east was ten intensi-ied, leading %ltimately to te

military de-eat o- te L00E, wic was acieved wit serio%s loss o- li-e not onlyamong te combatants, b%t also among 0amil civilians, %tting Sri Lanka at te centre

o- international scr%tiny5 0ese event-%l decades bro%gt a trans-ormation o- wat ad

earlier been an elite!dominated, consens%s!driven, ligtly reg%lated society into one

living almost ermanently %nder Emergency laws5 0e co%rts contin%ed to -%nction

b%t were %nder growing olitical ress%re and limited by legislation s%sending

constit%tional -reedoms in te -%rterance o- te state’s e--orts to s%bd%e its militant

oonents5

Wit te aointment in AAA o- a -ormer .ttorney *eneral, Sarat Silva, to te o--ice

o- Cie- "%stice by President K%marat%nge, te S%reme Co%rt was taken in oliticallydriven directions, attracting te cens%re o- te 7nited 1ations and monitoring bodies

s%c as te 2nternational >ar .ssociation5 0e t .mendment to te constit%tion

was assed by te arliament in ('' in an e--ort to stem te oliticisation o- te

co%ntry’s 4%diciary, civil service and olice5 2t rovided -or a Constit%tional Co%ncil,

reresenting not only oliticians, b%t also eminent men and women in %blic li-e,

wic was to be resonsible -or te key aointments to %blic and 4%dicial o--ice5 >%t

to%g te co%ncil was -ormed in (''(, it was soon made %nworkable by oliticians


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irritated at te restraints on teir owers5 Militarisation o- te civilian administration

became a common attern, artic%larly in te war!a--ected areas5 0e Sri Lankan

army, wic only consisted o- a -ew battalions at indeendence, grew to a reg%lar

-igting -orce o- over ('',''' men, made % o- H divisions and many secialised

brigades, recr%ited to deal wit internal ins%rgencies bot in te so%t and te nort5

E--orts to ers%ade te L00E to civilianise teir str%ggle and to accet oliticala%tonomy in te two merged 0amil!ma4ority rovinces were twice re4ected and a series

o- military camaigns ens%ed, c%lminating in te victory o- May (''A, te deat o- te

L00E leader and o- many to%sands o- civilians ca%gt in te cross-ire5

0ese were years o- e=traordinary civil %nrest, insec%rity and an=iety, in wic many

yo%ng eole grew % not knowing wat teir rigts were in normal times6beca%se

tere were no normal times5 0e b%siness o- government contin%edI elections took

lace, b%t many leaders were relaced by te b%llet rater tan te ballot5 0e

assassination o- S5W5/5D5 >andaranaike in A)A was an early instance o- wat later

became a worryingly reg%lar enomenon5 Leading 71P oliticians, s%c as President/anasinge Premadasa, Lalit .t%latm%dali and *amini Dissanayake, and te

Peole’s .lliance $oreign Minister, Laksman Kadirgamar, were all assassinated by

te 0amil 0igers, and virt%ally all te moderate 07L$ oliticians, incl%ding

.mirtalingam, Jogeswaran, Darmalingam, .lalas%ndaram and 1eelan

0ir%celvam, were also assassinated, eiter by te 0igers or as a res%lt o- olitical

rivalries witin te 0amil comm%nity5 2t was tro%g s%c internecine war-are and te

br%tal elimination o- oter 0amil resistance gro%s tat te 0igers acG%ired teir

dominance by te late A's5 0e deat toll in te war against te 0igers rose to over

',''' eole by (''A, o- wic at least (',''' were Sri Lankan soldiers, an eG%aln%mber i- not more were 0amil 0igers, and a similar n%mber were civilian cas%alties,

Democracy, *overnance and Media /e-orm many ca%gt % in te last monts o- te

con-lict5 2ndeendently o- te 0amil con-lict, deat tolls in te two ma4or "FP

%risings o- A and A in te so%t o- Sri Lanka also ran into tens o- to%sands5

$rom a model democracy and island aradise, Sri Lanka ad been trans-ormed into a

co%ntry at war, in wic democracy and %man rigts co%ld no longer be taken -or

granted5

0e imlications o- tis trans-ormation -or -reedom o- e=ression, wic is a critical

comonent o- democracy, -or te e=ercise o- tat -reedom by te co%ntry’s media, and-or its constit%tional %nderinning tro%g arliament and te co%rts ave been

widesread and severe5 2n te a-termat o- te victory over te 0amil 0igers, President

/a4aaksa was ret%rned to ower in ('' wit an overwelming mandate5 Jet,

democracy was weakened still -%rter wen te t .mendment to te constit%tion

removed many sal%tary -eat%res o- te t .mendment as well as abolising te term

limits -or te re!election o- te President5 2- a -%nctioning democracy and a triving

civil society reG%ire a sense o- con-idence among all citi3ens tat tey are -ree to air


8/15

teir views and go abo%t teir b%siness wito%t let or indrance, roviding tey do no

arm to oters, ten Sri Lanka as not been meas%ring % to tat ideal -or some time5

0e intimidation o- te media as gone beyond te seci-ic targeting o- 4o%rnalists o-

0amil etnicity5 "o%rnalists reorting on sit%ations o- %nrest ave been increasingly

s%b4ected to assa%lts and ab%se5 D%ring te ('H rotests by villagers -or clean water

in Weliwerya #located close to Colombo+ were te army was called o%t, res%lting intwo bystanders dying -rom indiscriminate -iring, 4o%rnalists reorting on te scene

were cased by army o--icers, ab%sed and attacked5

2- it reG%ires an indeendent 4%diciary, wic is able to review te acts o- te e=ec%tive,

interret te constit%tion and %old te rigts o- citi3ens wito%t -ear or -avo%r, ten

te asty and ill to%gt o%t imeacment o- Sri Lanka’s Cie- "%stice, Dr Sirani

>andaranayake, in ('H, was only te latest o- a series o- develoments wic cast

do%bt on tat essential division o- owers5 .s to te -o%rt estate6te rint media,

television and radio, te 2nternet and te roli-erating social media6it as been

working %nder serio%s constraints, legal and illegal, overt and covert, -or many years5Sri Lankan 4o%rnalism as a long and disting%ised edigree, stretcing back well over

a cent%ry, b%t its ractitioners never -aced s%c serio%s callenges as d%ring te last

ase o- te long civil war5 >etween (''B and (''A, according to te international

agency, te Committee to Protect "o%rnalists, 4o%rnalists, bot 0amil and Sinalese,

were assassinated5 2n ('', a leading commercial 0F comany ad its newsroom

smased % by an armed gang5 2n addition to te legal constraints imosed %nder

antiterrorism legislation, Sri Lankans learnt to be wary o- te 8wite van syndrome’, o-

armed men acting wit im%nity to c%rb te critics o- te regime5 ?ver H' 4o%rnalists

-led te co%ntry -or -ear o- teir lives, taking re-%ge in neigbo%ring 2ndia and 1eal,and in ('B, many ad still not ret%rned5

0e government’s resonse to contin%ed international ress%re as not been

enco%raging5 0e assing o- resol%tions by te 7nited 1ations :%man /igts Co%ncil

#71:/C+ %rging te Sri Lankan government to %rs%e acco%ntability -or acts

committed d%ring te war by state agents and to restore te /%le o- Law as been met

by -%rter restrictions on te media5 2n ('B, te 71:/C assed a resol%tion

mandating an international inG%iry led by te ?--ice o- te :ig Commissioner -or

:%man /igts into ab%ses alleged to ave been committed by bot te government

and te L00E d%ring te -inal stages o- te con-lict5 0is was -ollowed by anincreasingly severe government crackdown on 4o%rnalists, artic%larly 0amil

4o%rnalists living and working in te -ormer con-lict areas in te nort and te east5 .s

art o- tis crackdown, organisers and articiants at media training worksos

received deat treats5 0amil 4o%rnalists travelling to te caital city -or worksos

were stoed and arassed at army ceckoints5 2n an %nrecedented occ%rrence,

mobs demonstrated in -ront o- te ress ind%stry!r%n Sri Lanka Press 2nstit%te in

central Colombo, demanding te alting o- an ongoing workso5 Police investigation


9/15

and action against s%c mobs ave been ine--ective5

0e %se o- national sec%rity laws to s%ress -reedom o- e=ression on te art o- te

media as contin%ed, wile militant >%ddist riests ave engaged in ate seec

rovoking comm%nal and religio%s atred wito%t indrance5

0e intimidation o- te media as gone beyond te seci-ic targeting o- 4o%rnalists o-

0amil etnicity5 "o%rnalists reorting on sit%ations o- %nrest ave been increasingly

s%b4ected to assa%lts and ab%se5 D%ring te ('H rotests by villagers -or clean water

in Weliwerya #located close to Colombo+ were te army was called o%t, res%lting in

two bystanders dying -rom indiscriminate -iring, 4o%rnalists reorting on te scene

were cased by army o--icers, ab%sed and attacked5 .-ter te er%tion o- comm%nal

violence between Sinalese and M%slims in Sri Lanka’s so%twestern towns o-

.l%tgama and >er%wala in ('B, 4o%rnalists wo reorted on te incidents were

G%estioned by te Criminal 2nvestigation Deartment #C2D+5 "o%rnalists reorting on

co%rt roceedings involving acts o- %man rigt ab%ses by state agents ave also been

s%b4ected to treats and ab%se5 0e government’s inaction in bringing toseresonsible -or te intimidation o- 4o%rnalists be-ore te co%rts carries wit it te

imlication o- governmental involvement5

0e %se o- national sec%rity laws to s%ress -reedom o- e=ression on te art o- te

media as contin%ed, wile militant >%ddist riests ave engaged in ate seec

rovoking comm%nal and religio%s atred wito%t indrance5 2n "%ly ('B, te

government iss%ed a directive calling -or non!governmental organisations to cease

olding training rogrammes -or 4o%rnalists5 0ere as been an Democracy,

*overnance and Media /e-orm A evident ardening o- te government stance towards

dissent, incl%ding te contin%ed blocking o- websites erceived as being 8anti!

government’5 0is tro%bled istory raises a n%mber o- imortant G%estions abo%t te

-%t%re o- democracy and te role o- te media in societies divided by civil war and

a--licted by te breakdown o- inerited constit%tional and legal norms5 2s wat as

been aening in Sri Lanka, a reversion to re!colonial norms o- government and a

re4ection o- te araernalia o- democracy wic >ritain introd%ced6wit colonial

modi-ications6in Sri Lanka and oter .sian and .-rican co%ntries ?r is it a

temorary aberration, an abnormal sit%ation bro%gt abo%t by te e=traordinary

ress%res o- etnic division and civil war, wic can be restored to normality by te

will o- te eole and te re!establisment o- tose norms Sri Lanka’s lawyers and 4o%rnalists ave a re-erred answer to tese G%estions and teir s%ort -or val%ed

-reedoms is a ower-%l element o- Sri Lankan civil society5 >%t in a igly olarised

society at te time o- civil war, te aeal o- ersonality and etnicity as tended to be

stronger tan te niceties o- constit%tions, rigts and te ideal o- eG%ality be-ore te

law5 Maintaining an inerited system o- rigts is one tingI restoring it in adverse

circ%mstances G%ite anoter5


10/15

0ro%go%t te long years o- con-lict, te Sri Lankan government remained an active

member o- te international comm%nity5 2t is a signatory o- many international

carters, conventions and rotocols, s%c as te 71 carter or te 2nternational

Convention on Civil and Political /igts, wic commit it, like oter signatories, to

resect te civil and olitical rigts o- individ%als, incl%ding te rigt to li-e, -reedom

o- religion, -reedom o- seec, -reedom o- assembly, electoral rigts and rigts to d%erocess and a -air trial5 2t is also a signatory o- do3ens o- oter international

agreements wic %nderin its relations wit te rest o- te world in a wole range o-

seres o- activity, -rom trade to te environment, -rom te law o- te sea to te rigts

o- te cild and discrimination against women5 .s a member o- te Commonwealt,

Sri Lanka s%bscribes to te :arare declaration o- AA and te Latimer :o%se

rinciles endorsed at .b%4a in (''H, wic set o%t Commonwealt val%es, incl%ding

commitment to te r%le o- law, te division o- owers between di--erent brances o-

government, te indeendence o- te 4%diciary and te imortance o- te rincile o-

acco%ntability5

2t as not abrogated tese agreements, to%g it as been called to acco%nt by its

critics at te bar o- te 7nited 1ations :%man /igts Committee and in oter

international -ora on acco%nt o- its %man rigts record d%ring te war as well as -or

attacks on te 4%diciary and te media in te ost!war years5 2ts s%itability to cair te

' Embattled Media Commonwealt :eads o- *overnment meeting in Sri Lanka in

('H was G%estioned on te same gro%nds5 0e /a4aaksa Presidency ad always

maintained tat it was -igting a terrorist war wic treatened te e=istence o- te

state and tat %ltimately it ad te overwelming s%ort o- te redominantly

Sinala >%ddist electorate in eliminating tat treat5 Watever is critics may say,President /a4aaksa was ret%rned to ower wit a s%bstantial ma4ority in (''5 Since

ten, owever, %blic concern as increased regarding te wastage o- %blic -%nds -or

ro4ects, incl%ding a commercially G%estionable international airort in is ometown

as well as a roli-eration o- ministries e=ending vast reso%rces wile te cost o- living

-or ordinary citi3ens as risen steely5 0e %nrecedented concentration o- ower in

te ands o- te President and is broters, te growing disregard -or Sri Lanka’s

arliament and te virt%al decimation o- te olitical oosition ave bro%gt Sri

Lanka dangero%sly close to a%toritarian i- not dictatorial r%le5

2n ('H, te olding o- rovincial co%ncil elections in te nortern rovince was aositive develoment, even i- romted by e=ternal ress%res, b%t te sweeing victory

o- te 0amil 1ational .lliance, wic stood in oosition to government, indicated

tat te olicy o- ost!war develoment at te e=ense o- te civil rigts o- te 0amil

o%lation ad not aid dividends5 2nternationally, in s%ressing te 0amil

ins%rgency, te Sri Lankan government bene-itted -rom te global 8war on terror’

declared by te 7nited States in te wake o- te Setember ('' attacks on 1ew Jork5

0e L00E, wic ad been widely s%orted by te 0amil diasora, was declared a


11/15

terrorist organisation5 0e cond%ct o- te war in its br%tal -inal monts oened %

allegations and evidence o- war crimes against civilians on bot sides, wit te Sri

Lankan army %nder artic%lar scr%tiny5 >%t te Sri Lanka government resonded

rob%stly to its 8western’ critics, acc%sing tem o- s%b4ecting it to a tye o- scr%tiny to

wic even develoed co%ntries are not s%b4ect, a view tat -o%nd some symaty

among oter .sian and .-rican co%ntries5 0e end o- te long civil war as beengenerally welcomed internationally, to%g criticism o- te government’s %man

rigts records remains5 .t te same time, enanced military and logistical6as well as

olitical6s%ort -rom Cina is aarently canging Sri Lanka’s ercetions o- its

international and regional strategic interests5 Cina’s increased resence in and

aro%nd te 2ndian ?cean region is creating new geoolitical realities5 0e c%rbing o-

-reedom o- e=ression in Sri Lanka, by watever means, as been art o- a comle=

series o- canges in governance, bro%gt abo%t by te ersistence o- te civil war and

te state’s resonse to it5 >%t it as also igligted te imortance o- constit%tional

-reedoms to a triving and incl%sive democracy and te role o- te 4%diciary in

%olding tem, as well as te dangers inerent in teir s%sension or grad%al decline5

2t as -oc%ssed attention on te role o- te Sri Lankan state as reg%lator, newsaer

rorietor, broadcaster and en-orcer o- last resort, as well as te imlications o- s%c a

concentration o- ower -or te %blic interest, te re-lection o- diverse oinions and

te role o- te -o%rt estate in olding government to acco%nt5 0e balance between

state and rivate media, te roles o- te rorietor and te editor, te working

conditions o- 4o%rnalists and teir own training and commitment to a -ree media are

oter arts o- te same 4igsaw5 Most imortant o- all, owever, is te role o- Sri Lankan

civil society and te Sri Lankan %blic, teir ercetion o- te role o- te ress and o-

te electronic media and te e=tent to wic tey ave ri3ed tese -reedoms5

2t is tese interrelated iss%es wic tis book seeks to e=lore tro%g te e=erience

and %nderstanding o- a n%mber o- leading Sri Lankan lawyers, 4o%rnalists and

academics5 0e aim is to identi-y wat re-orms may be reG%ired to restore -reedoms

wic ave been s%sended or c%rtailed, to imrove te G%ality o- media reg%lation

and to rovide -or more e--ective media ed%cation and media literacy -or %niversity

st%dents and -or oter citi3ens5

Sri Lanka’s Media Develoment -rom a /egional Persective

0is analysis is rovided in te conte=t o- regional and international develoments andcomarisons5 Sri Lanka is not alone in -acing callenges bot to its constit%tional and

legal systems and media -reedoms5 2t sares a common istory wit oter co%ntries o-

So%t .sia, in artic%lar, in terms o- te colonial rovenance o- some o- its basic laws

and reg%lations, incl%ding tose a--ecting -reedom o- e=ression and -reedom o-

in-ormation5 .mong tese are te ?--icial Secrets .cts originally drawn % by colonial

governments wit te aim o- rotecting and strengtening teir own a%tority5 0e

e=tent to wic te vario%s So%t .sian ?--icial Secrets .cts ave been canged since


12/15

indeendence rovides one meas%re o- ow m%c new tinking went into b%ilding te

legal and moral -o%ndations o- te indeendent states5 Some o- te contin%ity,

owever, re-lects te ersistence o- systems and roced%res wic ave been retained

by most states, watever teir ideological basis or olitical and c%lt%ral origins5

0e monoolistic caracter o- broadcasting legislation was common to all te So%t

.sian states %ntil it was overt%rned by new comm%nication tecnologies in te AA's5Laws derived -rom colonial legislation also rovided te means to in-l%ence and

control or mani%late te rint media b%t did not envisage state control o- te ress5

Post!colonial governments in So%t .sia went -%rter tan teir colonial redecessors;

-or e=amle, in Pakistan %nder military r%le, in 2ndia %nder te emergency in te

A's, and in Sri Lanka, were te Lake :o%se gro% was nationalised5 0e tecniG%es

o- ress control may ave been learned -rom te -ormer colonial regimes b%t tey were

not restricted by colonial recedents in teir alication5 2n 2ndia, te -o%ndational

remises o- -ree seec and te kind o- rinciles tat ave been establised emerged

in te conte=t o- te rint media5 .nd te -reedom o- te broadcast media deendscr%cially on te degree to wic te rint media can e=ercise tose -reedoms5

$%ndamental to te constit%tional -o%ndations o- -reedom o- seec and e=ression in

contemorary So%t .sia as been te e=tent o- indeendence o- te 4%diciary and its

ability in di--erent states to interret and actively e=tend tese rigts5 :ere, te

e=erience o- 2ndia, Pakistan, >anglades and Sri Lanka as been di--erent5

Sometimes, te ability or oterwise o- te 4%diciary to en-orce constit%tional rigts as

been a two!edged weaon -or te So%t .sian media5 2n some conte=ts, it as been

emowering and a strong rotection against te arbitrary encroacment o-

government on civil and olitical rigts5 2n oters, it as rein-orced its own a%torityand tat o- governments in ways wic ave not been -riendly to te -reedom o- te

media5

0e ways in wic te doctrine o- Contemt o- Co%rt6anoter legacy -rom colonial

times and 7K ractice6as been alied and develoed by te 4%diciaries o- 2ndia,

Pakistan and Sri Lanka, and te imlications -or te -reedom o- te media, are one

area o- innovation and comarability wic is more tan a matter o- academic interest5

2n comaring te imact o- constit%tional rigts on media law in So%t .sia, te

relative strengt o- te 2ndian co%rts is aarent in teir ability to callenge

government decisions bot in normal circ%mstances and in an emergency or wene=traordinary owers are in -orce5 $rom te 4%diciary’s role in standing % to

government d%ring 2ndira *andi’s eriod o- Emergency r%le in A)@A to its AA)

decision in declaring te airwaves to be %blic roerty, 2ndia’s activist 4%diciary as

set a ower-%l domestic and regional e=amle5 2n Pakistan, were -or more tan H'

years since indeendence te co%ntry as been %nder military r%le, constit%tional

rigts are more v%lnerable to emergency rovisions5

2n >anglades, te constit%tion rovides an even weaker -o%ndation5 Commenting on


13/15

te sit%ation in 2ndia, Lawrence Liang -oc%ses on te restrictive rater tan te

enabling in-l%ence o- te 4%diciary -or media -reedoms5 :e arg%es tat te r%lings o-

te co%rts on Contemt iss%es ave ad te e--ect o- s%ressing a critiG%e o- 4%dicial

rono%ncements5 2n viewing 4%dicial activism as te de-ining asect o- a new

constr%ction o- media restrictions rater tan -reedoms, e also indicates a romising

comarative ersective across te co%ntries o- So%t .sia5 2n Pakistan, it isrecognised tat members o- te %blic may in good -ait criticise 4%dicial acts5 0e

co%rts ave eld tat tis rigt m%st not be e=ercised in %rs%ance o- imroer motive

or malice or in an attemt to imair or imede te co%rse o- administration o- 4%stice5

:owever, in te 1ovember ('' emergency rovisions, it was te government itsel-

rater tan te media wic mo%nted a radical attack on te 4%diciary5 2n >anglades,

te co%rts ave taken conservative ositions and Contemt o- Co%rt legislation as

increasingly come to be %sed against te media5 2n Sri Lanka, te s%b!4%dice r%le as

serio%sly imeded disc%ssion on matter o- %blic interest5 .mong te canges in te

international legal environment wic ave been a--ecting media laws in So%t .sia

are attit%des to $reedom o- 2n-ormation5

2n Pakistan, $reedom o- 2n-ormation was regarded as a s%bsidiary o- te rigt to

-reedom o- e=ression e=ressed in .rticle A o- te Constit%tion5 Press%re -rom

international organisations led to te rom%lgation o- te $reedom o- 2n-ormation

?rdinance o- (''(5 >%t te ositive -eat%res o- tis law are marred by a broad list o-

e=cetions5 *overnment can classi-y embarrassing or revealing doc%ments, or set a

roibitively ig cost on accessing in-ormation5 Protection -or wistle blowers, wo

e=ose con-idential in-ormation in te %blic interest, is anoter iss%e on wic

international ractice is increasing awareness in So%t .sia, were te concet en4oysless recognition and rotection tan in some oter co%ntries5 0e increasing %se o- te

2nternet and o- mobile one tecnology as in some resects greatly increased te

range and articiation in 4o%rnalistic activity by ordinary citi3ens5 2t also resents a

-ormidable callenge to systems o- censorsi5 2nternationally6as te Cinese

government as demonstrated6it as not roved as di--ic%lt to censor 2nternet tra--ic

as was once to%gt5 .n international consens%s on te evils o- cild ornogray,

and international olitical cooeration against B Embattled Media terrorism, aears

to ave ad some imact5 2n Pakistan, wile in some resects, government as been

able to censor 2nternet tra--ic, blocking mainly ornograic and anti!government

websites, citi3ens can still access in-ormation wic te government wo%ld re-er to

censor5 So%t .sian e=erience in tis area is art o- a global ict%re5 P%blic 2nterest

>roadcasting is anoter concet wic is commonly recognised as being imortant

and valid in So%t .sia, even wen te interretations o- its content and meaning may

di--er5 2t as been te commonest de-ence o- te val%e o- te state broadcasters, wic

e=cet in Sri Lanka still dominate or monoolise te terrestrial networks5 0e istoric

control and mani%lation o- te state media by governments -or teir own roaganda


14/15

%roses as always been te biggest -law in tat arg%ment5

0e 4%sti-ication o- te claim on te gro%nds o- s%erior reac became arder to rove

as satellite 0F e=anded into te r%ral areas and state broadcasters in all co%ntries

adoted te same commercial ractices as teir cometitors5 :owever, te commercial

0F cannels ave done little to rein-orce teir own claim to national legitimacy by

moving into te area o- %blic interest broadcasting, arg%ably a missed oort%nity5 2nte c%rrent sit%ation, it is not ossible to revert to te develoment comm%nication

model tat revailed in te early istory o- broadcasting in 2ndia5 >%t te virt%al

disaearance o- iss%es o- develoment in mainstream media in almost all So%t

.sian co%ntries certainly alerts %s to te need to tink abo%t iss%es o- %blic interest

broadcasting5 0is is a callenge -or all te So%t .sian co%ntries wic reG%ires

-%rter analysis and disc%ssion bot nationally and regionally5 1ational resonses to

te roblems osed by converging comm%nications tecnologies -orm anoter %se-%l

oint o- comarison5 2n some co%ntries, new media reg%latory instit%tions ave

callenged te a%tority o- te ministries wic revio%sly ad te ower to reg%late broadcasting and comm%nications5

2n 2ndia, tis as %t te 2n-ormation and >roadcasting #2 & >+ Ministry and te

Comm%nications Ministry to some e=tent in cometition wit te G%asi!indeendent

0elecoms /eg%latory .%tority o- 2ndia #0/.2+5 0e 0/.2 took over resonsibility -or

broadcasting and cable 0F reg%lation in "an%ary (''B5 0e Comm%nications

Convergence >ill o- (''' ad been aimed at creating a single reg%latory a%tority, te

Comm%nications Commission o- 2ndia or CC2, to relace te 0/.2, wit te ower to

reg%late content in any media5 0e bill was ending in 2ndia’s Parliament -or years

%ntil it lased wit te dissol%tion o- te Lok Saba in ('')5 S%bseG%ently a -%rterattemt was made wit te 2ndian >roadcasting Services >ill o- ('' to create a new

reg%latory a%tority wit enanced owers, b%t tis met wit vigoro%s oosition and

was not enacted into law5 2n Pakistan, a reg%latory body -or te electronic media was

set % sortly be-ore te $ebr%ary AA election5

2n (''( %nder *eneral Perve3 M%sarra-’s military government, it was renamed te

Pakistan Electronic Media /eg%latory .%tority #PEM/.+ by an ordinance5 2n

addition to being te media licensing a%tority, it was given a brie- to imrove access

to mass media at te local and comm%nity levelsI and to ens%re good governance by

otimising te -ree -low o- in-ormation5 2t was ostensibly indeendent o- teComm%nications ministry, to%g it contin%ed to be s%b4ect to o--icial ress%res5 2n

te a-termat o- te ?ctober ('') eartG%ake, PEM/.’s action in iss%ing local radio

licences in te disaster!a--ected areas was a ma4or boost to te liberalisation o-

in-ormation in Pakistan and enanced its re%tation5 >%t wen PEM/. imosed

drastic restrictions on broadcasters %nder te emergency o- 1ovember ('', its role at

tat time6desite its denials tat it was acting on te government’s orders6severely

%ndermined its credibility wit te ind%stry and wit te %blic5 2n >anglades, tere


15/15

is no eG%ivalent law -or licensing o- te broadcast media or -or te reg%lation o- rivate

radio and television5 Licensing decisions are made by government and s%b4ect to

negotiation by te b%rea%cracy and rivate entrerene%rs5 .n initiative to set % an

a%tonomo%s broadcasting commission made by a ig!owered government!

aointed committee in AA came to noting5

>anglades media contin%e to be s%b4ect to direct government control in te case o-te state broadcasters and to more covert b%t no less direct ress%re in te case o- te

rivate 0F cannels5 Comared to 2ndia or Pakistan, >anglades as some way to go in

romoting -reedom o- te airwaves or con-idence tat it is moving in tat direction5 2n

Sri Lanka, tere as been a long!standing demand -or str%ct%ral re-orm o- te state

electronic media to rotect tem -rom olitical ress%res5 >%t te recommendation o-

a government!aointed commission to make tem a%tonomo%s was not imlemented

in te mid!AA's and looks -%rter away today5 Sri Lanka was aead o- oter So%t

.sian co%ntries in creating diversity in its media regime bot in $M radio, te

rovision o- comm%nity radio %nder te state %mbrella, and in licensing botterrestrial and satellite 0F cannels5 >%t te instit%tional and legal str%ct%res -or

rotecting a diverse media system in Sri Lanka leave m%c to be desired5 *overnment

contin%es to license stations directly itsel- and in times o- insec%rity to restrict media

-reedoms Embattled Media by reco%rse to emergency legislation5 $or tese and

oter reasons, te 4%dicial %nderinning o- media -reedoms is also more in do%bt tan

-or some years, wic is a ca%se o- increasing concern to te 4o%rnalistic comm%nity5

Sri Lanka as sown wit its telecomm%nications a%tority tat an a%tonomo%s body

can rove e--ective, b%t in resent circ%mstances, tere seems little likeliood tat it

will embark on te same at -or te broadcasting ind%stry<Click ere to b%y te book
http://www.uk.sagepub.com/books/Book244886?subject=700&publisher=%22SAGE%20India%22&sortBy=defaultPubDate%20desc&fs=1http://www.uk.sagepub.com/books/Book244886?subject=700&publisher=%22SAGE%20India%22&sortBy=defaultPubDate%20desc&fs=1http://www.uk.sagepub.com/books/Book244886?subject=700&publisher=%22SAGE%20India%22&sortBy=defaultPubDate%20desc&fs=1

New Book Embattled Media Evolution, Governance and Reform in Sri Lanka

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