Bill blocked

THE Supreme Court ruling on 7 May that the new Broadcasting Bill is totally inconsistent with the Sri Lankan Constitution is a severe embarassment to the government. The Bill envisaged that the Media minister would appoint all members of the proposed Broadcasting Authority. The minister would also be vested with the power of directing the Authority. In the case filed by the Free Media Movement, the Supreme Court panel headed by the Chief Justice GPS de Silva found that the Authority lacked the independence required to regulate the electronic media and criticised the unjustified discrimination in favour of the government-controlled media. The Court declared the Bill placed the freedoms of speech and thought in jeopardy.

Despite the ruling, the Bill can be approved by Parliament by a two-thirds majority under incongruous constitutional provisions which allow laws contrary to the Constitution to exist. But with a slender parliamentary majority the government was forced to withdraw the Bill. Human rights agencies are appalled by government attempts to gag the media brazenly flouting promises that freedom of expression will be guaranteed.

London-based agency Article 19 earlier this year condemned the government for not only failing to implement many reforms promised as part of its election campaign but also acting increasingly in a manner which directly threatens free expression. Reports say the Cultural Affairs Ministry is proposing to set up bodies to control arts, literature and culture with powers similar to that of the Broadcasting Authority.


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