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Press Statement Sri Lanka: Press Council Law No. 5 of 1973 should be abolished!16 Mar, 2021 The Free Media Movement in its letter to the Secretary of the Ministry of Mass Media and Information vehemently objected to the structural reforms and reorganising of the Press Council Law, which is nearly 50 years old with legal provisions that are severely detrimental to media freedom, calling for it to be repealed. The Secretary published an advertisement stating the expectation to structurally reform and reorganise the Sri Lanka Press Council established by the Sri Lanka Press Council Law No 05 of 1973 covering electronic, print and new media as a tribunal for journalists and media institutions. The Free Media Movement, in the letter dated March 12, states that it has perennially objected to a unilateral media regulatory process by a government agency with detrimental legal provisions. The Free Media Movement agrees to “a regulatory” methodology encompassing all media that is developed through the engagement of the media community, protecting media diversity, independence, freedom and social responsibility. The Free Media Movement details the adverse legal provisions and the basis for opposing the Press Council in this article. Adverse legal provisions that form the basis for opposing the Press Council - The Press Council is not an independent institution - According to Section 3 of the Press Council Law of Sri Lanka, out of the seven members of the Council, the President appoints six members. Since it is a process that takes place at the absolute discretion of the President, the Council has become an institution composed solely of the persons required by the President. - The Council has also lost its independence with the President’s power to remove its members. - The independence of the Council is also lost with the Minister in charge of the subject determining the salary of the members of the Council. - Members are eligible for re-appointment after a term of three years and such appointments are made at the sole discretion of the President, therefore it is not possible to avoid the members of the Council inevitably becoming persons who do what the President wants. - Minimal representation of the media sector in the Press Council A representative of working journalists under Section 3 (b) (1) of the Press Council Law of Sri Lanka and a representative of the Press Trade Union in terms of Section 3 (b) (2) are the only representatives from the newspaper industry. Accordingly, out of the seven members, only two members represent the sector. It is by no means a fair representation. Also, according to Section 7 of the Law, it is stated that the Council can act notwithstanding a vacancy amongst the members of the Council, thereby permitting the Council to function even in the absence of the two representatives of the newspapers. - Certain offences under the Press Council Law restrict media freedom According to Section 16 of the Law, it is an offense to publish information on Cabinet proceedings in newspapers unless the Secretary to the Cabinet of Ministers has approved it for publication in the Newspapers. This provision is very outdated and violates the freedom of the press as well as the people’s right to information. - Absence of a provision for appeal – The decision is final Section 9 (5) of the Law states that any order or censure of the Press Council shall be final and conclusive and shall not be questioned in any court of law. Accordingly, there is no authority or tribunal to appeal against such a decision of the Council. This is contrary to Article 4 (2) of the Convention on Civil and Political Rights No. 56 of 2007. In particular, when considering Article 12 (1) of the Law, which states that a violation of the order of the Council is construed as guilty of the offence of contempt against or disrespect of the authority of the Council is in no way in agreement with the rule of law. - Provisions for the offence of contempt against the Council Article 12 of the Law states that the Supreme Court has the power to hear cases of contempt of court and that the Supreme Court must accept the certificate submitted with the signature of the Chairman of the Press Council at such a hearing without further proof. It also states that Council members should not be summoned for the case without their consent in such an offence of contempt. Accordingly, journalists find it difficult to challenge the certification submitted by the Council to the Supreme Court. It also exacerbates the situation by not having the opportunity to file a civil or criminal case against the Council. - The Commission did not seek the views of the media in prescribing the Code of Ethics for Newspapers Section 10 (2) of the Law provides the power to prescribe a Code of Ethics as a function of the Commission. However, when it comes to establishing media ethics, the Council has the power to do so without any consultation with the media. It, therefore, appears to be a media regulation carried out from outside the media sector. Written By Free Media Movement c/o SLPI, No 96, Kirula Road Colombo 05, Sri Lanka Telephone: +94 777 394 959 Fax: +94 11 257 3279 Comments Resources - Media Freedom in Sri Lanka- 2020 09/24/2021 Download - Chasing Justice : Study on impunity for crimes against journalists in Maldives 08/22/2021 Download - IFJ South Asia Media Bulletin, August 2021 08/18/2021 Download
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Press Statement पत्रिकाको कार्यालय नियन्त्रणमा लिएको घटनाको महासंघद्वारा भर्त्सना21 Feb, 2016 नेपाल पत्रकार महासंघका सभासद् एवं प्रेस काउन्सिल नेपालका सदस्य मनऋषि धिताल सम्पादक÷प्रकाश रहेका तथां महासंघका केन्द्रीय सदस्य सरिता ढकाल सञ्चालक रहनुभएकी ‘जनादेश साप्ताहिक’ को कार्यालयमा रहेको कम्प्यूटरलगायतका सामग्री कब्जा गरिएको घटनाप्रति नेपाल पत्रकार महासंघको गम्भीर ध्यानाकर्षण भएको छ । सम्पादक धिताल र सञ्चालक ढकालका अनुसार केही दिनअघि अधिवक्ता खिमलाल देवकोटाले ‘नयाँ शक्तिको’ प्रचार–प्रसार कार्यालय सञ्चालन गर्न भन्दै संखमुलस्थित साप्ताहिकको कार्यालयमा प्रवेश गरी कम्प्यूटरलगायत महत्वपूर्ण कागजात र कार्यालयको साँचोसमेत कब्जामा लिई कार्यालय नियन्त्रणमा लिइएको छ । महासंघ जनादेश साप्ताहिक सञ्चालनमाथि गरेको नियन्त्रणकारी शैलीलाई प्रेस तथा अभिव्यक्ति स्वतन्त्रतामाथिको गम्भीर हस्तक्षेप भएको ठहर गर्दै घटनाको घोर भर्त्सना गर्दछ । नियन्त्रण गरिएका सम्पूर्ण सामग्री फिर्ता गरी प्रेसको संवैधानिक अधिकारलाई सम्मान गर्न महासंघ सम्बन्धित पक्षको गम्भीर ध्यानाकर्षण गराउँदछ । Written By Federation of Nepali Journalists Media Village, Sinamangal, Kathmandu, Nepal Telephone: +977 01 449 0063/ 493 873/ 447 8235 Comments Resources - Media Freedom in Sri Lanka- 2020 09/24/2021 Download - Chasing Justice : Study on impunity for crimes against journalists in Maldives 08/22/2021 Download - IFJ South Asia Media Bulletin, August 2021 08/18/2021 Download