Rebuilding

Public Trust , Rebuilding Public Trust O

An Assessment of the Media Industry and Profession :-/ in Sri Lanka

This report, produced by a participatory research Rebuil ing process that took over a year, provides a comprehensive assessment of the environment for media sector’s development in Sri Lanka. It is based on UNESCO’s Media Development Indicator (MDI) framework, which looks at the diferent factors which should contribute to media development, including the legal framework, :-) economic conditions, human resource development, O the technological environment and safety, as well as the , ublic Trust actual state of media development in the country.

“This Assessment comes at a very timely point for Sri Lanka, given that the country now appears to be embarking on a programme of reform and renewal in the

media sector, as evidenced by the recent constitutional and Profession in Sri Lanka An Assessment of the Media Industry An Assessment of the Media Industry and Profession in Sri Lanka amendments to provide for a constitutional guarantee for the right to information. It represents an invaluable tool to help those engaged in media reform to identify priorities and key directions.” - Toby Mendel, Executive Director, Centre for Law and Democracy (Canada)

Secretariat for Media Reforms Published by May 2016 Secretariat for Media Reforms, Sri Lanka

Supported by International Media Support (IMS), Denmark www.mediasupport.org

Key topics: Mass Media, Journalism, Media Regulation, Media Policy Freedom of Expression, Media Freedom, Media Development Journalism Education, ICTs, New Media

SMRcover.indd 4 4/24/16 10:39 PM

Rebuilding Public Trust

An Assessment of the Media Industry and Profession in Sri Lanka

Secretariat for Media Reforms

Colombo, Sri Lanka

May 2016

Rebuilding Public Trust 1 A Publication by the Secretariat for Media Reforms, Sri Lanka International Media Support www.mediasupport.org

Report Preparation Team: Wijayananda Jayaweera, Consultant Karunarathna Paranawithana, Advisor Dr Ranga Kalansoorya, Advisor Dr Pradeep N’ Weerasinghe, Chair & Thematic Head Nalaka Gunawardene, Consultant Editor Ms Kumari Welegedara, Member Kumar Lopez, Member

Sinhala translation: Ajith Perakum Jayasinghe Tamil translation: M S M Ayub and Rajeevan Arasaratnam

Cover design: Dharshana Karunathilake Page layout and design: Dharshana Karunathilake Printed by: Majestic Print Shop, Pannala, Sri Lanka.

First published in Sri Lanka in May 2016

Project coordination by: Strategic Alliance for Research and Development (SARD) www.sardglobal.org

This publication is available in Open Access under the Creative Commons Attribution-ShareAlike 3.0 IGO (CC-BY- SA 3.0 IGO) license http://creativecommons.org/licenses/by-sa/3.0/igo/

Recommended citation: Secretariat for Media Reforms (2016). Rebuilding Public Trust: An Assessment of the Media Industry and Profession in Sri Lanka. Colombo: SMR/IMS

ISBN: 9-789-553-958006

II Rebuilding Public Trust Acknowledgements

During the 14 month period this report ob endel ecutie irector entre has been under preparation, a large for Law and Democracy, Canada number of individuals and institutions r aid ae ellow nstitute of from government, academic, civil society Commonwealth Studies, University of and corporate sectors have contributed in London, UK numerous ways. ishali intoaawardena eal analst and columnist The Sunday Times, Sri The working group members are Lanka acknowledged in the section on Framework r ohan aaraia ounications and Methodology. Those interviewed or scholar and Founder Chair, LIRNEasia otherwise consulted are listed in Annex 1. r sana elikala ecturer in Public Law, Edinburgh Law School; In addition, the Report Preparation Team is Associate Director, Edinburgh Centre for grateful to the following individuals who Constitutional Law, UK provided valuable peer review inputs (listed alphabetically by surname): However, the editors alone are responsible for an inadertent errors in nal tet r illia rawle ellow nstitute of Commonwealth Studies, University of The editors also wish to thank the research London, UK support team whose names are listed in ichael aid orer ournalist Annex 2. World Service - Sinhala); Senior Lecturer, University of Sri Jayawardenapura unanda esharia edia freedo and Disclaimer human rights activist, Switzerland r ohan drisinha orer ecturer The ideas and opinions expressed in this Faculty of Law, University of Colombo publication are those of the attributed r helton unaratne eritus rofessor persons and editors. They are not necessarily of Mass Communications, Minnesota State those of International Media Support (IMS) University Moorhead, USA and do not commit the organisation.

Rebuilding Public Trust III Acronyms and Abbreviations

AAAA Accredited Advertising Agencies Association ACJ Asian College of Journalism ADIC Alcohol and Drug Information Centre AHRC Asian Human Rights Commission sia acic nstitute for roadcastin eeloent ANCL Associated Newspapers of Ceylon Limited (Lake House) BOP Bottom of the pyramid CBA Commonwealth Broadcasting Association CPA Centre for Policy Alternatives CPJ Committee to Project Journalists (US based advocacy group) CSOs Civil Society Organisations DTTB Digital Terrestrial Television Broadcasting DBNO Digital Broadcast Network Operator EGOSL Editors’ Guild of Sri Lanka FMETU Federation of Media Employees Trade Union FMM Free Media Movement FOE Freedom of Expression FUTA Federation of University Teachers Associations GIC Government Information Centre HRCSL Human Rights Commission of Sri Lanka ICCPR International Covenant on Civil and Political Rights ICT Information and Communications Technologies ICTA Information and Communication Technology Agency IFJ International Federation of Journalists IMADR International Movement Against All Forms of Discrimination and Racism IMS International Media Support IPDC International Programme for the Development of Communication (UNESCO) IPTV Internet Protocol Television ISP Internet Service Provider ITN Independent Television Network (Sri Lanka) ITU International Telecommunications Union JDS Journalist for Democracy in Sri Lanka JICA Japan International Cooperation Agency LBO Lanka Business Online LLRC Lessons Learnt and Reconciliation Commission LTTE Liberation Tigers of Tamil Eelam

IV Rebuilding Public Trust MCR Mahaweli Community Radio (of SLBC) MDI Media Development Indicators edia esources and rainin entre aliated to niersit of afna NBN National Backbone Network NGO Non-Governmental Organization NSSL Newspaper Society of Sri Lanka OSCE Organisation for Security and Cooperation in Europe PCCSL Press Complaints Commission of Sri Lanka PSB Public Service Broadcasting PPB Public Performances Board PTA Prevention of Terrorism Act RNTC Radio Nederland Training Centre RSF Reporters Without Borders (Reporters Sans Frontières in French) RTI Right to Information SAARC South Asian Association for Regional Cooperation SAFMA South Asian Free Media Association SAMSN South Asian Media Solidarity Network SARD Strategic Alliance for Research and Development SIDA Swedish International Development Cooperation Agency SLBC Sri Lanka Broadcasting Corporation SLCJ Sri Lanka College of Journalism SLMMF Sri Lanka Muslim Media Forum SLMTI Sri Lanka Media Training Institute SLPI Sri Lanka Press Institute SLTMA Sri Lanka Tamil Media Alliance SLTTI Sri Lanka Television Training Institute SLRC Sri Lanka Rupavahini Corporation (National TV Broadcaster) SLWJA Sri Lanka Working Journalists Association SMS Short Message Service (also known as text message) TISL Transparency International Sri Lanka TRCSL Telecommunications Regulatory Commission of Sri Lanka WNL Wijeya Newspapers Limited UCR Uva Community Radio nited ations ducational cientic and ultural ranisation UNHRC United Nations Human Rights Council

Rebuilding Public Trust V CONTENTS

Executive Summary IX Category 2: Key Recommendations X Plurality and diversity of media, Foreword by a level economic playing feld Secretariat for Media Reforms XII and transparency of ownership 55 Foreword by A Media concentration 58 International Media Support XIII B A diverse mix of public, private Special Contribution by and community media 66 Toby Mendel XIV C Licensing and spectrum allocation 75 Introduction by D Taxation and business regulation 85 Wijayananda Jayaweera XV E Advertising 88 Secretariat for Media Reforms: Partner Organisations XVII Category 3: Framework and Methodology 02 Media as a platform for democratic discourse 101 Category 1: edia reects diersit of societ A system of regulation conducive to B Public service broadcasting model 109 freedom of expression, pluralism and C Media self-regulation 119 diversity of the media 13 D Requirements for fairness and A Legal and policy framework 16 impartiality 131 B Regulatory system for broadcasting 31 E Levels of public trust and C Defamation laws and other legal condence in the edia restrictions on journalists 34 F Safety of journalists 138 D Censorship 42

VI Rebuilding Public Trust Category 4: Professional capacity building and supporting institutions that underpins freedom of expression, pluralism and diversity 153 A Availability of professional media training 156 B Availability of academic courses in media practice 178 C Presence of trade unions and professional organisations 188 D Presence of civil society organisations 194

Category 5: Infrastructural capacity is sufcient to support independent and pluralistic media 209 A Availability and use of technical resources by the media 212 B Press, broadcasting and ICT penetration 218

Annexes 237

Rebuilding Public Trust VII List of Text Boxes Box 1 MDI for the Bigger Picture Box 2 Context: Freedom of Expression and Media Freedom o on the ther aws that fect edia Box 4 What exactly is Media Pluralism? Box 5 Cross-ownership of Media Box 6 Spectrum as a Scarce Public Property Box 7 An independent broadcast regulator: False start in 1997 Box 8 Guiding principles of community radio Box 9 Community Radio in Sri Lanka: Myth and Reality Box 10 Restricting Newspaper Advertisements by Government Institutions Box 11 Too Much Advertising? Box 12 Public Service Broadcasting (PSB) o s larif urose rst Box 14 Code of Professional Practice for Lankan Media Box 15 State Media’s Conduct During Presidential Election 2015 Box 16 How Self-censorship Corrodes Democracy and Hampers Reconciliation Box 17 Media Education, Media Studies and Journalism Education Box 18 What Every Journalist Ought to Know… Box 19 Raising professional standards in Sinhala and Tamil language media Box 20 Evaluating academic courses in journalism Box 21 Ideal Curricula for Journalism Education? Box 22 What is Media Literacy? Box 23 What is Media Convergence? Box 24 Community Media for Inclusive Information Societies Box 25 Sri Lanka’s First Citizen Journalists

List of Tables Table 1 Overview of Media Regulatory Framework in Sri Lanka able iferent edia reulator echaniss able iferent courses ofered b ri anka ollee of ournalis

Annexes Annex 1 Sources and Persons consulted Annex 2 Research Support Team Annex 3 Summaries of Focus Group Discussions Annex 4 Recommendations to political parties during General Election 2015 Annex 5 Radio and Television Channels in Sri Lanka Annex 6 Registered Institutions for Radio and TV Licence in Sri Lanka Annex 7 Highlights of the Public Perceptions Survey 2015

VIII Rebuilding Public Trust Executive Summary

he presidential election on 8 January and political lines. At the same time, the 2015 marked the end of a decade long country’s media industry and profession Tauthoritarian regime in Sri Lanka and face their own internal crises arising from ushered in a new opportunity for Sri Lanka an overbearing state, unpredictable market to embark on a renewed democratic course. forces, rapid technological advancements The country now stands at a crossroads and a gradual erosion of public trust. where political change has paved the way for strengthening safeguards for freedom of The economic sustainability of media expression (FOE) and media freedom while houses and businesses remains a major enhancing the media’s own professionalism challenge. The mainstream media as a and accountability. whole is struggling to retain its consumer base. Several factors have contributed to Following its subsequent victory in the this. Many media houses have been slow general elections in August 2015, the new in integrating digital tools and web-based government has made a public commitment platforms. As a result, there is a growing gulf to pursuing a process of transitional justice between media’s production models and and reconciliation. Media can and should their audiences’ consumption patterns. play a key role to hold power holders to account and keep the public informed in As the existing business models no longer these vital process. enerate sucient incoe soe edia hae turned to peddling gossip and excessive The government has already taken steps to sensationalism in the place of quality end threats against media and journalists, journalism. At another level, most journalists reopened investigations on past attacks on and other media workers are paid low wages journalists, ended the arbitrary and illegal which leaves them open to coercion and blocking of political websites, and recognised manipulation by persons of authority or access to information as a fundamental power in society with an interest in swaying right through the 19th Amendment to the media coverage. Constitution. Notwithstanding these trends, there are still However, much more remains to be done editors and journalists who uphold their to improve FOE and media freedom in mandate to produce professional content that Sri Lanka, and to create a more conducive is in the public interest while also abiding by environment for journalists and other media media ethics. However, they are eclipsed by workers. The policies, laws and structural media that generate content that is politically reforms needed to ensure this require the partisan or ethnically divisive. Public trust political will and support of all political parties. in media is low, as evidenced by surveys. Younger Lankans are increasingly migrating The new government faces the daunting to entirely web based media products and task of healing the wounds of a civil war social media platforms. which lasted over a quarter of a century and left a deep rift in the Lankan media that is The Press Complaints Commission of Sri now highly polarised along ethnic, religious Lanka (PCCSL), a self-regulating body, was

Rebuilding Public Trust IX established in 2003 to hold the print media a large sample survey, brainstorming sessions, accountable and responsible, but it has had and a peer review process that involved onl liited efect ein a urel oluntar over 250 national stakeholders and several entity, it has no mandate to enforce its rulings international experts. which are ignored by some newspapers. The analysis presented in this report shows There is no accountability mechanism of that structural and legal reforms in the any kind for radio or television channels media sector are long overdue. Some of these that have proliferated during the past two reforms must come from within the media decades. In fact, successive governments profession and industry itself and stem have been handing out broadcast licenses fro serious selfreection ther refors and assigning frequencies arbitrarily to their require changes in laws, state policies and political supporters. This has squandered the overhauling of state-owned media the electromagnetic spectrum – a public institutions. Parallel to this, journalism property – and created legal and technical and mass media education courses should complications. Only an independent be reviewed and updated to meet current broadcast regulator can resolve these issues industry needs and media consumption and ensure a smooth transition to digital patterns. Low media literacy levels in society broadcastring. must also be addressed.

This study is an assessment of the media he s are diided into e theatic environment in Sri Lanka using the cateories which constitute the e Media Development Indicators (MDIs), chapters, each followed by a set of key an internationally accepted framework recommendations. developed by UNESCO to assess the state of media in a country. MDIs identify strengths It is hoped that the close to 100 and weaknesses, and propose evidence- recommendations that emerged from the based recommendations on how to enhance analysis of the Lankan media environment media freedom and media pluralism. will inform the government and media stakeholders on what must be done to The assessment was led by the Secretariat evolve a free, independent and pluralistic for Media Reforms established as a virtual media in Sri Lanka in line with international rou consistin of e artners with standards. meeting facilities provided by Sri Lanka Press Institute (SLPI). They carried out a Key recommendations: consultative process that began in March Law review and revision: The 2015 engaging policy makers, media government should review all existing owners, media practitioners, researchers, laws which impose restrictions on freedom advocacy groups as well as the media- of expression with a view to amending consuming public. Activities involved a them as necessary to ensure that they are rapid assessment that was discussed at the fully consistent with international human National Summit for Media Reforms in May rights laws and norms. 2015, interviews with key media stakeholders, RTI: The Right to Information law should

X Rebuilding Public Trust be ileented efectiel leadin to not limit online content or social media greater transparency and openness in activities in ways that contravene the public sector and reorienting how freedoms guaranteed by the Constitution government works. and international conventions. Media ownership: Adopt new regulations Privacy and surveillance: Privacy of all making it mandatory for media ownership citizens and others should be respected details to be open, transparent and by the state and the media. There should regularly disclosed to the public. be strict limits to the state surveillance of Media regulation: Repeal Press Council private individuals and entities’ phone Act No. 5 of 1973, and abolish the state’s and other electronic communications. ress ouncil nstead efectie self Media education and literacy: Journalism regulatory arrangements should be made and mass media education courses at ideally by the industry and covering both tertiary level should be reviewed and print and broadcast media. updated to meet current industry needs Broadcast regulation: New laws are and consumption patterns. A national needed to ensure transparent broadcast policy is needed for improving media licensing; more rational allocation of literacy and cyber literacy. frequencies; a three-tier system of public, commercial and community broadcasters; hese ndins and recoendations are and obligations on all broadcasters to presented at a crucial time in the country’s be balanced and impartial in covering history when political changes have created politics and elections. An independent a momentum for democratic reform. It is Broadcasting Authority should be set up. hoped that this rare opportunity will be Digital broadcasting: The government seized. should develop a clear plan and timeline for transitioning from analogue to digital Progressive policies, laws and regulatory broadcasting in television as soon as mechanisms can go a long way in possible. streamlining the overall professional Restructuring state media: The three state environment for the media, but the media broadcasters should be transformed into industry and its personnel alone can raise independent public service broadcasters their standards and ethical conduct. with guaranteed editorial independence. State- owned Associated Newspapers of Ceylon Limited (Lake House) should be operated independently with editorial freedom. Censorship: No prior censorship should be imposed on any media. Where necessary, courts may review media content for legality after publication. Laws and regulations that permit censorship should be reviewed and amended. Blocking of websites: The state should

Rebuilding Public Trust XI Foreword by Secretariat for Media Reforms

he mass media industry has experienced rapid changes during Tthe past few decades. These changes have had a direct impact on the industry as well as the media-consuming public. Framing the personal lives, attitudes, thoughts, wishes, beliefs and ideoloies the ass edia inuences the direction of political, cultural and economical aspects of society. Hence this interface must be subject to serious study and critique.

Sri Lanka’s mass media has grown and evolved organically and often in an ad hoc manner, with governments and other interested parties including corporate ownership trying to control media content without a coherent vision on the role media can play in national development and national integration. Evolving clear media policies and undertaking structural reforms in media are essential for strengthening democracy and political reforms that are now being implemented in the country.

Based on wide-ranging consultations with a large number of stakeholders in the media industry, media profession and media advocacy groups, this reort ofers a useful situation analsis accompanied by policy directions and recommendations. It is our hope that the Government, political parties, civil society groups, academia and the media industry would join hands in pursuing the path we have mapped out.

Dr Pradeep N’ Weerasinghe Chairman and Thematic Head Secretariat for Media Reforms

XII Rebuilding Public Trust Foreword by International Media Support

nternational Media Support is delighted to coublish the rst corehensie Iassessment of the Sri Lankan media landscape based on UNESCO’s Media Development Indicators. The media eeloent ndicators dene a fraework within which the media can best contribute to and benet fro ood oernance and democratic development.

he ndins and recoendations of this study are presented at a crucial time in history when the onus is on the government to carry forward its promises of reform and pursuit of transitional justice and reconciliation. In the midst of such change a vibrant, open and pluralistic media environment can contribute to positive development and the involvement of the people through the provision of access to unbiased and accurate information to the public.

I am pleased to note that the MDI assessment process in Sri Lanka from the outset in March 2015 has been a thorough locally driven process with the inclusion of the government, academia, media industry and the civil society.

IMS has been engaged in media development in Sri Lanka since 2003. It is our hope that this document will help inform the government in regards to the current media environment and what must be done for its healthy development.

Jesper Højberg Executive Director International Media Support

May 2016

Rebuilding Public Trust XIII Special Contribution

his Assessment provides a reform to identify priorities and key comprehensive assessment of the directions. Toverall environment for media development in Sri Lanka. As the name In line with the goals of the MDI implies, it is based on UNESCO’s MDI approach, this Assessment was prepared framework, which looks at all of the under the auspices of a partnership diferent factors which should contribute inolin both ocial and ciil societ to media development, including the actors secicall the ri ankan legal framework, economic conditions, Ministry of Media, the Department of human resource development, the Mass Media at University of Colombo, technological environment and safety, the Sri Lanka Press Institute (SLPI), as well as the actual state of media the Strategic Alliance for Research and development in the country. Development (SARD) and International Media Support (IMS). The hope is that A total of 14 MDI assessments have these diverse actors will now use this already been completed, in addition Assessment to guide them in their media to this one, including three in South refor eforts Asia, namely Bhutan, the Maldives and Nepal, while at least another 16 As is clear from this Assessment, in many assessments are ongoing. The goal ways media development in Sri Lanka in of an MDI assessment is to identify recent decades has been fairly strong, and the strengths and weaknesses in the the countr now benets fro a dierse media environment as compared to and relatively free media sector. At the international standards and better same time, much needs to be done to national practice, thereby pointing the create a truly robust environment for the way to reform needs. It is up to local growth and development of the media, stakeholders to identify priorities and to including in areas such as law reform, work towards resolving them. The MDI providing better educational and training assessments are not a form of ranking opportunities, creating a more stable and do not provide comparisons economic environment for the media and between countries. putting in place structural guarantees for media independence. This Assessment comes at a very timely point for Sri Lanka, given that the This Assessment points the way forward. country now appears to be embarking It now up to local actors, with support on a programme of reform and renewal from the international community, to in the media sector, as evidenced by the implement its recommendations. recent constitutional amendments to provide for a constitutional guarantee Toby Mendel for the right to information. This Executive Director Assessment represents an invaluable Centre for Law and Democracy tool to help those engaged in media

XIV Rebuilding Public Trust Introduction

emocratic, social and cultural after a vigorous peer review process. It sinicance of the edia roide took one year to complete the assessment Dthe ustication for this iortant process and to agree on the set of evidence- publication. It contains a set of essential based recommendations contained in this recommendations formulated to address the publication. imbalances and weaknesses of our skewed media system, which has been a subject In a democratic society, communication of serious internal and external criticisms between the individual and groups – for resulting in a steady deterioration of public example, between citizens and government, trust. or between consumers and industry -- feeds the entire social system and provides it Taking a clue from the new-found with the factors necessary for it to function enthusiasm of the Sri Lankans to embark properly. Besides being an essential means of on a fresh discourse on democratic reforms, spreading knowledge, communication is also a well-informed multi stakeholder study a vector of values. group representing media professionals, academicians, state and non-state actors Now, more than ever before, we have to pass conducted this assessment following the on values to our children, and these go by state of the art UNESCO framework for the names of justice, equality, freedom and assessing media development. sharing -- all of which are essential to the construction of our common future. For that ased on e cateories of edia we need a free indeendent and efectiel development indicators elaborated in the pluralistic media system. UNESCO methodology, the study groups reviewed previous studies, analysed By ‘free’ we mean media should be free from legislative provisions and policies, surveyed vested interests and should not be subjected literature and statistics, gathered information to coercion by the governments or various through focus group discussions, conducted pressure groups. This means the society and two sample surveys to ascertain the the state should allow media professionals views of media professionals and users, to adhere to their professional standards and interviewed a number of stakeholders ensure their safety. In turn, citizens should be and public intellectuals to collect and able to trust the honesty of media in the use corroborate evidence. The groups circulated of those freedoms, which in fact belong to the successive drafts of their report for society as a whole. Thus, the subordination coents fro a wider circle and the nal of information by media to interests other consolidated ersion containin ndins than those of their readers, listeners and and recommendations was completed viewers is completely unacceptable.

Rebuilding Public Trust XV By ‘independent’ we mean that, irrespective through the number of media outlets of the nature of their ownerships, the available. Media development should media should have unfettered editorial be understood in terms of its ability to independence. It is through this editorial challenge inequalities in society, and create independence that media can display the a more democratic and inclusive public eidence of indeendent thinkin and fulll sphere based on quality information it can their function in monitoring key centres of disseminate. power – including, but not limited to, the government. The editorially independent Some of the key recommendations contained media allows citizens to approach the news in this ublication dene the essential and information with an open mind and not legislative reforms and state policies just a desire that the news reinforce their needed to achieve that goal. We earnestly existing opinions. request the government, all political parties and legislators to embark on a process to Nonetheless, the media freedom and the introduce these reforms. editorial indeendence alone are insucient unless media are truly pluralistic, which A number of important recommendations are eans that edia as a whole are sucientl directed to the other stakeholders including caable of reectin reresentations of the civil society, media organisations, various segments of the society and their universities, training institutions, journalists’ concerns. However, the prevalence of and publishers’ organisations and the numerous media companies and outlets development funding agencies. We need alone does not reect edia luralis if the full engagement of all stakeholders in they are coerced to shape expressions in a building a truly free, independent and public particular manner. We in Sri Lanka have interest minded pluralistic media system as experienced this time and again. a guarantor of a vibrant democracy in Sri Lanka. Also, we cannot reduce the notion of media pluralism to a mere catch phrase of market Wijayananda Jayaweera choice and competition. In fact, media need to be rescued from its politicised, consumer- Former Director, Communication oriented uses and reposition more broadly Development Division, UNESCO as the democratic instrument distributing Head, UNESCO International Programme communicative power in the public sphere. for the Development of Communication (2003-2011) In that sense, media development is not Advisor to the Study Groups something that could simply be measured

XVI Rebuilding Public Trust Secretariat for Media Reforms: Partner Organisations

Ministry of Parliamentary Reforms Sri Lanka Press Institute (SLPI) and Mass Media The underpinning process of understanding The Vision of the Ministry is a well-informed, modern day media issues with the birth of pluralistic and dynamic society. Its Mission is the Colombo Declaration on Media Freedom “Formulating, Facilitating, Implementing, and Social Responsibility in 1998, and Monitoring and Evaluating policies and revisited in 2008, was the impetus of the Sri strategies in order to establish a people Lanka Press Institute (SLPI). Therefore, it friendly, development-oriented, free and was imperative that SLPI be an integral part responsible Sri Lankan media culture”. of the process of understanding the media www.media.gov.lk climate of Sri Lanka, through the Media Development Indicators Framework of Department of Mass Media, UNESCO. www.slpi.lk University of Colombo Media is a main source of strategy that can be used to eradicate poverty and to Strategic Alliance for Research and introduce development projects to masses. Development (SARD) It is unlikely that these major objectives As a civil society organization, SARD looks hae been identied b the edia ersonnel at media from the audience perspective and who are leading this venture in the country. envisions media to be an important player Understanding this phenomenon will in the development process. Therefore, denitel lead the countr to roserit SARD contributes to the media development As a media university, Sri Palee campus is process with an intention of enhancing optimistic that development can be achieved pluralistic and diverse opinions, enabling through a successful communication system. increased participation of the public in http://spc.cmb.ac.lk/?q=Department_Mass_ development. Media www.sardglobal.org

International Media Support (IMS) International Media Support (IMS) is a non- rot oranisation workin with edia in countries afected b ared conict huan insecurity and political transition. We work for free and professional media. www.mediasupport.org

Rebuilding Public Trust XVII XVIII Rebuilding Public Trust Rebuilding Public Trust 1 Framework and Methodology

Conceptual framework ince the s were adoted based assessents hae infored olic and his stud has been conducted accordin action in countries in frica sia and to an internationall acceted fraework uroe2 he s are also bein used in deeloed b nited ations ducational the denition of a coon aroach to cientic and ultural ranisation edia deeloent and ood oernance at countr leel

alled edia deeloent indicators a fraework for assessin edia Multistakeholder consultative process deeloent the fraework was adoted b the interoernental oernin council The MDI assessment of Sri Lanka was of s nternational rorae for initiated as a partnership for media reforms the eeloent of ounication in Sri Lanka. The partnership involved: in he edia eeloent ndicators inistr of ass edia oernent s were deeloed throuh deeloed Partner) throuh a broad international consultation in eartent of ass edia niersit of 1 olobo cadeic artner ri anka ress nstitute edia he fraework has since been ndustr artner an iortant dianostic tool for all trateic lliance for esearch and stakeholders to assess media development eeloent leentin in a ien countr and to thereb deterine Partner) the areas in which assistance is ost nternational edia uort needed”. MDIs help to assess media undin and onsultation artner landscaes identif the strenths and weaknesses and roose eidencebased he oerall oal of the efort was to recoendations on how to strenthen aiise the contribution of all stakeholders edia freedo and edia luralis and in initiatin and sustainin the rocess indeendence facilitatin a edia structural refors that

1 httwwwunescoor 2 s hae been roduced ra iberia adaascar newencounication so far for hutan onolia orocco andinforation roatia cuador t anar wanda resourcesublications abon ordan iba wailand oo anda andcounication oabiue eal and ruua as well as a aterialsublications alestine outh udan reional roect in outh fulllistedia he aldies ior este ast uroe deeloentindicatorsa and unisia s at ctober fraeworkforassessin assessents were ediadeeloent onoin in oliia rail olobia te doire the oinican eublic 2 Rebuilding Public Trust B O X 01 MDI for the Bigger Picture he edia eeloent ndicators Tdene a fraework within which the will foster deocrac ood oernance and edia can best contribute to and benet sustainable deeloent in ri anka3 fro ood oernance and deocratic deeloent s look at all asects hasis durin the entire rocess has of the media environment and are been on ultistakeholder consultation structured around e cateories and articiation inolin olic akers sste of reulation conducie to edia owners edia ractitioners edia freedo of eression luralis and researchers edia adocac rous as well diersit of the edia as the eneral ublic luralit and diersit of edia a leel econoic lain eld and o roide intellectual and rofessional transarenc of ownershi uidance for the rocess four workin edia as a latfor for deocratic rous were aointed discourse rofessional caacit buildin Advisor to working groups: and suortin institutions that iaananda aaweera forer irector of underins freedo of eression s ounication eeloent luralis and diersit iision and s nternational nfrastructural caacit is sucient to rorae for the eeloent of suort indeendent and luralistic ounication media

Working Group 1: aken as a whole the roide an Promotion of Freedom of Expression asirational icture of a ien countrs hair haa issanaake enior edia enironent to be constructed in ecturer eartent of olitical order to ensure freedo of eression cience and ublic olic luralis and diersit of the edia niersit of olobo ochair r uath enarath enior ach cateor is broken down into ecturer ri alee aus a nuber of coonent issues which in niersit of olobo turn contain a series of broad indicators hese indicators are an analtic tool desined to hel stakeholders assess 3 httwwwsardlobal or the state of the edia and easure the iact of edia deeloent roraes he are dianostic tools not coandents concetualised with the urose of assistin edia deeloent roraes not iosin conditionalit Rebuilding Public Trust 3 ebers een resident Working Group 3: ri anka usli edia oru Requirements for fairness and impartiality, rian iebandara ulic trust and confdence in te media ournalist and isitin lecturer hair alaka unawardene olunist ri alee aus niersit of and edia onsultant Colombo ochair uith hainda enior nalst eetha anani onenor and ead of olitics erite ree edia oeent esearch ebers r ana alansooria eional Working Group 2: disor for sia nternational Media pluralism and Regulations: A edia uort Diverse mix of public, private and uar oe ri anka community media ress nstitute hair r radee eerasinhe enani arischandra ead eartent of ass enior ecturer eartent edia ri alee aus of Sinhala and Mass niersit of olobo ounication niersit of ri ochair soka ias ournalist and aawardenaura ountr eresentatie sian edia nforation and Working Group 4: ounication entre Professional capacity building and Media Education ebers ukuar ockwood ress hair rof ohana akshan iadasa Complaints Commission of Sri ead eartent of ass anka ounication niersit of aath iana rachchi elania eal cer ransarenc ochair iaananda uasinhe enior International Sri Lanka ecturer eartent of ass issanaake iatha ounication niersit of edia etwork elania

4 Rebuilding Public Trust ebers hilina aarasooria irector March – May: orkin rous et on rainin orein elations ri seeral occasions at the for anka roadcastin ororation brainstorin handrasekara irector March – May: aid assessent esearch rainin ri anka of ri ankas edia sector carried uaahini ororation out b alaka unawardene edia odawaththa onsultant onsultant to be resented to ational rainin ssociated ewsaers uit on edia efors of elon iited ake ouse May 12 – 13: ational uit on he followin ke actions were taken edia efors held at ri anka between arch and arch oundation olobo with the articiation of oer stakeholders 2015 March: ational ecretariat for edia a saw resentation of the efors set u as a irtual rou with aid ssessent followed b eer eetin facilities roided b reiew and feedback a saw senior olitical leaders includin the rie March: en call for ublic coents and inister edia inister eader suestions for edia refor solicited of the osition and other ke throuh rint and broadcast edia arliaentarians ublicl coittin adertiseents social edia and eails to media reforms in Sri Lanka. etc April, May, June: er interiews with March 20: Initial workshop on MDI ke indiiduals listed in nne are ethodolo and rocess held at conducted b niersit of olobo attended b oer stakeholders fro research tea nne lso fie ri anka and three outh sian edia focus rou discussions were held ersonalities fro anladesh hutan with different stakeholder rous and Pakistan). four in and around olobo and one

Rebuilding Public Trust in affna hese are suarised as 2016 nne January: econd reised draft reared

May – June: orkin rous nalied their February - March: econd draft circulated recoendations based on feedback to national and international peer receied durin the ational uit on reviewers edia efors May – July: wo sures were conducted b he eetins interiews focus rous the b niersit of olobo research and eer reiew rocess inoled oer team on the state of media and priorities ersons hese brouht u wide ranin for edia sector refors one with ideas and roosals soe of which are ournalists and edia workers and the contradictor and a few sueruous hile other with a cross section of the ublic accoodatin the best ossible luralit of iews the editors hae used discretion July 21: elease of tateent on reedo of to balance the reorts coherence and ression and edia reedo for the representativeness. attention of olitical arties contestin in eneral lection 4 listin riorit actions for edia refors that reuire a clear olitical coitent he full stateent is in nne

November: irst draft of the full reort circulated to oer stakeholders in oernent edia industr acadeia and ciil societ seekin their feedback

December: irst draft eer reiewed b workin rou ebers oer three sessions

4 http://www.ft.lk/ 5 he stateent was ointl ational lliance of article issued b ri anka ounit roadcasters ournalistscallfor ress nstitute and the oun ournalists oliticalcoitent ree edia oeent ssociation forediareforand ri anka orkin freedooferession ournalists ssociation ri anka ress ssociation afna ress lub ri anka usli ournalists ssociation ational lliance of roincial ournalists 6 Rebuilding Public Trust s Public pledge by t Opening of political parties at National Summit National Summit for Media Reforms, for Media Reforms, May 2015 May 2015

Rebuilding Public Trust s Audience members t Prime sign pledge for Minister Ranil media reforms at at Wickremesinghe National Summit signs pledge at at for Media Reforms, National Summit May 2015 for Media Reforms, May 2015

8 Rebuilding Public Trust s Part of audience at t Nimal Siripala National Summit de Silva, the then for Media Reforms, Opposition Leader, May 2015 signs pledge at National Summit for Media Reforms, May 2015

Rebuilding Public Trust 9 s Dr Arjuna t Dr Ranga Parakrama delivers Kalansooriya a keynote address speaks at National at National Summit Summit for Media for Media Reforms, Reforms, May 2015 May 2015

10 Rebuilding Public Trust “A critical, independent and investigative press is the lifeblood of any democracy. The press must be free from state interference. It must have the economic strength to stand up to te landisments o government ofcials t must ave sufcient independence rom vested interests to be bold and inquiring without fear or favour. It must enjoy the protection of the constitution, so that it can protect our rights as citizens.”

- Nelson Mandela

Rebuilding Public Trust 11 Media development indicators: A framework for assessing media development

his docuent is oranised accordin to the cateories and indicators as follows

ateor A system of regulation conducive to freedom of 1 expression, pluralism and diversity of the media eal and olic fraework eulator sste for broadcastin efaation laws and other leal restrictions on ournalists D Censorship

ateor Plurality and diversity of media, a level economic 2 playing feld and transparency of ownership edia concentration dierse i of ublic riate and counit edia icensin and sectru allocation aation and business reulation dertisin

ateor Media as a platform 3 for democratic discourse edia reects diersit of societ ublic serice broadcastin odel edia selfreulation euireents for fairness and iartialit eels of ublic trust and condence in the edia afet of ournalists

ateor Professional capacity building and supporting institutions that underpins freedom of expression, 4 pluralism and diversity ailabilit of rofessional edia trainin ailabilit of acadeic courses in edia ractice resence of trade unions and rofessional oranisations resence of ciil societ oranisations

ateor Infrastructural capacity is suffcient to support 5 independent and pluralistic media ailabilit and use of technical resources b the edia ress broadcastin and enetration 12 Rebuilding Public Trust Category

A system of regulation conducive 1to freedom of expression, pluralism and diversity of the media

Rebuilding Public Trust 13

A LEGAL AND POLICY FRAMEWORK reedo of eression is uaranteed in law and resected in ractice he riht to inforation is uaranteed in law and resected in ractice ditorial indeendence is uaranteed in law and resected in ractice ournalists riht to rotect their sources is uaranteed in law and resected in ractice he ublic and ciil societ oranisations s articiate in shain ublic olic towards the edia

B REGULATORY SYSTEM FOR BROADCASTING ndeendence of the reulator sste is uaranteed b law and resected in ractice eulator sste works to ensure edia luralis and freedo of eression and information

C DEFAMATION LAWS AND OTHER LEGAL RESTRICTIONS ON JOURNALISTS he state does not lace unwarranted leal restrictions on the edia 1.9 Defamation laws impose the narrowest restrictions necessar to rotect the reutation of indiiduals ther restrictions uon freedo of eression whether based on national securit hate seech riac contet of court laws and obscenit should be clear and narrowl dened in law and ustiable as necessar in a deocratic societ in accordance with international law

D CENSORSHIP he edia is not subect to rior censorshi as a atter of both law and ractice he state does not seek to block or lter nternet content deeed sensitie or detrimental

14 Rebuilding Public Trust B O X 02 Context: Freedom of Expression and Media Freedom

reedom of expression is a a watchdo of oernent in all fundaental riht rotected in the its fors rootin transarenc niersal eclaration of uan ihts in ublic life and ublic scrutin of adoted b the worlds oernents in those with ower throuh eosin t is widel seen as underinnin corrution aladinistration and other deocratic freedos such as the cororate wrondoin atchdos riht to for olitical arties share also ake sure ineciencies are olitical ideas and uestion the actions addressed ublic articiation is of ublic ocials etc ensured and that wron decisions are not made or are dealt with. edia is crucial to the eercise of a tool to enhance econoic freedo of eression because it ecienc roides the ublic with a latfor an essential facilitator of the throuh which the riht can be eercised deocratic rocess and one of the The idea of media as a platform for uarantors of free and fair elections deocratic debate ebraces a ariet of and oerlain functions edia here refers an adocate and social actor in to all channels and outlets that carr its own riht while resectin news and ublic inforation luralistic alues

n this contet the edia a be seen as oweer soeties the edia seres a channel of inforation and to reinforce the ower of ested interests education throuh which citiens and eacerbate social ineualities b can counicate with each other ecludin critical or arinalised a disseinator of stories ideas and oices or b concentratin oice aon inforation owerful edia owners n certain a correctie to the natural situations as has haened in ri anka asetr of inforation between in recent decades the edia a een oernors and oerned and roote conict and social diisieness between coetin riate aents a facilitator of infored debate hus the ke uestion for eerone between dierse social actors concerned with free eression ood encourain the resolution of oernance and huan deeloent disutes b deocratic eans is how to nurture a edia fraework a eans b which a societ learns and ractice which contributes to about itself and builds a sense of these oerarchin oals his is of counit and which shaes the articular iortance in new or restored understandin of alues custos deocracies whose edia sstes hae and tradition been wared or shattered b oression a ehicle for cultural eression corrution the efects of war and under and cultural cohesion within and development. between nations Rebuilding Public Trust Freedom 1 01 of expression is guaranteed in law and respected in practice

ri ankas onstitution adoted in uarantees freedo of seech and LEGALA Seression rticle a sas er citien is entitled to the freedo of seech and AND eression includin ublication6 POLICY his freedo of eression is liited elsewhere in the onstitution as follows FRAMEWORK rticle sas that freedo of eression a be liited b restrictions which are rescribed b law in the interests of racial and reliious haron or in relation to arliaentar riilee contet of court defaation or inciteent to an ofence

rticle roides that the freedo a be liited b restrictions which are rescribed b law in the interests of national securit ublic order and the rotection of ublic health or oralit or for the urose of securin due reconition and resect for the rihts and freedos of others or of eetin the ust reuireents of the eneral welfare of a deocratic societ or the urose of article law includes reulations ade under the law for the tie bein relatin to ublic securit

rticle a refers to citiens and not all ersons n leal ters a erson is wider

6 http://www.parliament. lkconstitutionain

16 Rebuilding Public Trust than citien because the forer includes the ust reuireents of the eneral welfare noncitiens subect to the urisdiction of ri of a deocratic societ found in article anka as well as cororate or leal entities is er eneral indeed and iht be nsurin this riht for citiens and noncitiens interreted to coer racticall anthin alike is the international standard that should ideall be reected in the ankan constitution he th endent to the onstitution n other words restrictin the alication of assed in arliaent on ril includes the riht to citiens onl does not strictl eet a roision akin the riht to inforation a ri ankas international obliations under the fundaental riht his sets a constitutional nternational oenant on iil and olitical standard for the riht to inforation which is ihts discussed in

he scoe of restrictions on rticle ri ankas international obliations related a also be criticised for failin to resect to are contained riaril in the international standards irst the test in both which ri anka acceded to in and articles and is that the restriction the tional rotocol in n the be in the interests of one of the ites on arliaent assed the ct o of the followin lists n international law the which incororated certain test is the uch stricter reuireent that roisions into national law n the the restriction be necessar lthouh in uree ourt in an oinion stated that soe cases ri ankan courts hae heled rihts are full enforceable in ri address this issue throuh interretation in anka throuh the undaental ihts soe cases it reains a weakness econd hater of the onstitution and the the list of interests in articles and do ct8 not confor full to international standards which allows for the rotection of interests rticle of the is broader in scoe rather than tes of laws ie reutation than the ri anka onstitution and the rather than defaation and the authorit ct of 9 he onl erits of the udiciar rather than contet of restrictions which are fewer in nuber court n this reard the hrase eetin than the onstitution and its restrictions

7 https://www. 8 he ct of is n a critiue ublished 9 International Covenant on arliaentlkles seen b leal analsts as in anuar leal iil and olitical ihts dfconstitutionth a halfhearted attet b scholars ohan drisinha httwwwohchror aendentactdf the then oernent to and sana elikala en/professionalinterest/ deonstrate its coliance hae elained wh aesccras with the in relation it is a oor iece of to Sri Lanka’s bid to retain leislation which does the lus facilit a not sinicantl iroe referential tarif sste coliance httwww in the uroean nion calankaorwcontent that was conditional to uloads huan rihts coliance haterinaldf Rebuilding Public Trust are narrower in scoe than those in the aroach to interretin what constitutes onstitution he also reuires eression in rticle a a hiher standard of ustication for the iosition of restrictions which is absent in e adds ccordinl the riht to ote the onstitution10 e the hief inisters ase and non seech fors of olitical rotest hae been on other international huan rihts held to be within the ambit of freedom of treaties and instruents ri anka has also eression the Jana Ghosha ase as well as acceded to the nternational onention the riht to dissent Yukthiya ase he court on the liination of ll ors of acial has also held on occasion that freedo of iscriination in and the onention eression includes the freedo to receie on the ihts of the hild in which and disseminate some forms of information hae ilications for e Wimal Fernando vs SLBC case13

he uan ihts oission of ri anka elikala adds that reliance on case laws and was established under ct o of udicial interretation is inadeuate as the to roote and rotect huan rihts uree ourt has not a uniforl liberal in the countr11 ts indeendence fro the record in this resect n an instances state has been uestioned b huan rihts its udents hae been out of ste with defenders and ciil societ rous for ears international standards on includin or eale in a detailed critiue in in a recent case in which the ourt iosed the adocac rou aw and ociet rust its own iews on culture and oralit in a called the a loalist and arionette challene inolin the bannin of a feature of the state’.12 l eant for adult audiences the Aksharaya Case). ince the onstitutional uarantees for hae been tested on an occasions he research and adocac oranisation includin in soe hih role leal cases entre for olic lternaties eal analst sana elikala sas the case in a reiew of in ri anka in law of the uree ourt has taken a liberal noted that in seeral cases relatin to

10 he uree ourt has in 11 htthrcsllkenlish 13 ecurin the reedo soe cases tried to read in aboutusestablishent of ression in the concet of necessit to the ew ri anka the Sri Lankan framework 12 he ational uan ihts ssential nstitutional for the restriction of Commission of Sri Lanka: efors b sana fundaental rihts e Marionette of the State. Paper elikala roundiews unila besekera ria b iuru unasinhe or anuar ubesinhe and thers aw ociet rust httroundiews but this ri anka or is insucient and has not ankok securinthefreedo alwas been consistentl httwwwlawandsociet oferessioninthe followed b the ourt itself trustorresource newsrilankaessential 18 Rebuilding Public Trust in subseuent cases marionette_state.pdf institutionalrefors the freedo of eression the uree has been articularl ulnerable under ourt has allowed oerbroad and aue two leal reies i national securit laws to liit the freedos uaranteed in the onstitution erenc reulations iosed under the ublic ecurit rdinance o of said ri ankan uree ourt that were in lace nearl continuousl for has a weak record when it coes to liberal ears since with the ecetion interretation of constitutional rihts he of some brief periods. n the ourt has enerall dislaed a tendenc to arliaent allowed the reulations that faour the tate in constitutional rihts cases reuired onthl etension to lase on eseciall in cases that deal with restrictions uust iosed under eerenc laws reention of erroris eorar added nlike the under roisions ct o of as the ri ankan onstitution there is no aended b ct os of and eress reuireent that restrictions on of reains on the law books and is constitutional rihts be reasonable or a reular law of the land now16 he necessar he lack of such a reuireent has roisions that a be inoked at an roides uch leewa to a oernent tie coerin newsaer ublications when iosin restrictions and little and for desinatin a coetent aunition for a ourt seekin to read authorit for aroal of secied tes down an restrictions14 of content which efectiel eans rior censorshi he recent ractice of in ri anka has been inetricabl linked to the searatist he secic wordin in the is as follows war in the orth and ast that lasted nearl (a) No person shall, without the approval in three decades and the two arist outh writing of a competent authority, print or insurencies all of which publish in any newspaper any matter relating were crushed ilitaril ll arties to these to - conicts underined in diferent was (i) the commission of any act which constitute

14 reedo of ression 15 ublic ecurit rdinance 16 Prevention of Terrorism on the Internet in Sri o of httsoo eorar roisions ct anka entre for olic lci o of lternaties olobo httwwwsator oeber htt satortcountries calankaorwcontent shrilankadocuent uloads actsandordinance prevention_of_terrorism. df htm

Rebuilding Public Trust 19 an ofence under this Act or the investigation the noral leislatie rocess at ties of any such ofence; or (ii) incitement to violence, or which is likely ntiterroris owers on the other hand do to cause religious, racial or communal not assue that the threat is tierestricted in disharmony or feeling of ill-will or hostility nature ut because the nonetheless inole between diferent communities or racial or ecetional owers with serious ilications religious groups. for fundaental rihts the ust be conferred (b) No person shall, without the approval in with the utost caution on the ecutie and be writing of a competent authority, distribute controlled b aroriate checks and balances or be concerned in the distribution of any newspaper printed or published in Sri Lanka he ecuties isuse of owers ested or outside Sri Lanka in respect of any matter b the eerenc reulations is not a new the printing and publication of which is henoenon successie oernents prohibited under paragraph (a). hae done so to stie dissent s rticle noted in its reort on ri ankas status he use of eerenc owers relies on a of eerenc reulations hae central distinction between noralit and been used at arious ties to rohibit the the ecetion he ecutie ust declare ain of osters or distribution of leaets and ustif the eistence of an ecetional without the erission of the nsector situation before arroatin to itself eneral of olice forbid ublic eetins and ecetional owers these are alwas tie rocessions ban newsaers seal rintin bound and reuire eriodic renewal and resses censor ublications and broadcasts the declaration continuation and eercise iolate the iortant ournalistic rincile of ecetional owers durin an eerenc of rotectin the condentialit of sources are subect to riorous leislatie and udicial dene ciil disobedience as sedition and controls an of these features are found in outlaw olitical arties18 the onstitution but in ractice hae failed because soe oernents sil inore he s iact on freedo of eression the erenc reulations hae also been was clearl deonstrated b the detention used as a atter of eedienc to circuent rosecution coniction and irisonent of

17 or details see 18 n enda for hane State of Permanent he iht to reedo of risis onstitutional ression in ri anka oernent undaental rticle ctober ihts and tates of httwwwarticle erenc in ri anka ordatalesdfs b sana elikala ublicationssrilanka httcalankaorw aendaforchanedf contentuloads States%20of%20 erenc 10%202008%29.pdf 20 Rebuilding Public Trust ournalist issainaaa n uust he was sentenced to ears irisonent Recommendations with hard labour under the for he onstitution should be aended to causin counal disharon with ensure that it rotects the fundaental articles ublished in in orthastern rihts to freedo of eression and onthl a aaine he edited and also 19 inforation of all ersons subect to the for raisin funds to ublish the aaine urisdiction of the ankan tate and not ust oth chares leelled aainst hi and the citiens disroortionatel hea sentence were 20 loball condened issainaaa was he onstitution should be aended ardoned b resident aaaksa on a to liit the adotion of eerenc 2010. reulations under the ublic ecurit rdinance to hihl ecetional oth the now lased eerenc reulations circustances as dened under and continuin hae had a chillin international huan rihts law includin efect on in ri anka s leal analsts because of the eistence of an eerenc iran nketell and ehan unatilleke which threatens the life of the nation wrote in licit edia censorshi uch reulations should neer be used under the eerenc laws has decreased in as a atter of eedienc to circuent recent ties oweer owin to a culture the noral leislatie rocess he of intimidation and the perennial threat of necessit of a state of eerenc should arrest and detention under the and the be indicated clearl in eerenc s the ri ankan edia is now aicted b 21 reulations roision should be ade selfcensorshi for the courts to assess whether the iosition of eerenc reulations is ustied

he onstitution should incororate lanuae that liits restrictions on the fundaental rihts to freedo of expression and information to those 19 httwwwenor 21 erenc aw in the which are erissible onl in the secial defendinwriterstest ontet of erroris ri circustances set out in rticle of rstnaetestiddle anka iran nketell naetestlastnaes ehan unatilleke the includin as to the interests tissainaaa outh sians for uan which would ustif a restriction and ihts httwww 20 http://www.pmaward. southasianrihtsorw the reuireent that an restriction be orreciientss contentuloads necessar to rotect that interest tissainaaa ecuritawsinaldf

Rebuilding Public Trust 21 The right to 1 02 information is guaranteed in law and respected in practice

he oernent should reiew all aor drawback of ri ankas eistin laws which iose restrictions oernance has been the absence on freedom of expression with a view of transarenc on the art of the to aendin the as necessar to state and ublic bodies here was neer a ensure that the are full consistent with culture of oenness durin an centuries international huan rihts laws and of absolute onarch and the subseuent nors ne otion is the reintroduction colonial adinistrations also adoted an of udicial onstitutional reiew of adinistratie culture of authorit and leislation so as to ensure the sureac secrec of the onstitution oer ordinar leislation his will hel address he cial ecrets ct o of restricts a nuber of concerns about older the counication of an ocial secret to leislation that can then be subect to the edia er the decades this law has constitutional scrutin as well been interreted to coer a wide rane of inforation uch of it in the ublic interest his ct is based on the ritish cial ecrets ct of enacted as a conseuence of oernent hsteria in the eriod rior to the irst orld ar hat law was later critiued b einent ritish urists as creatin a breedin round of abuse and was relaced b the cial ecrets ct of 22

ri ankas eforts to introduce a iht to nforation law can be traced back to at least draft ill was reared in b the entre for olic lternaties the ditors uild of ri anka and the ree edia oeent in collaboration with the ce of the rie inister the ttorne

22 httwwwsundaties 23 nforation inistr ecs lkolunsfocus coent draws re fro html edia associations he unda ies u httwwwsundaties lknews inforationinistrsecs coentdrawsrefro ediaassociations html

22 Rebuilding Public Trust eneral and the inistr of ustice hat ill assed as is would be the seenth stronest receied abinet aroal in late and in the world.26 the aroal of the then resident in earl but could not be adoted b arliaent s this reort was oin to ress the iht before its dissolution rior to the eneral to Information Bill was tabled in Parliament election and chane of oernent in ril on arch and was eected to be 2004. adopted within a few weeks.

oernents in oce since then were not in eanwhile the oernent has alread faour of such a law n ul secretar to introduced the riht to inforation as a the inistr of ass edia and nforation fundaental riht in the th endent to sarked a controers b ublicl sain that the onstitution assed in ril 28 the oernent was not oin introduce laws because it would coroise the he releant section reads as follows countrs national securit 23 14A. (1) Every citizen shall have the right of nsurin the riht to inforation b law access to any information as provided for by was secicall entioned in the oon law, being information that is required for osition andidate aithriala irisenas the exercise or protection of a citizen’s right election anifesto for the anuar held by:- elections24 fter winnin that election his (a) the State, a Ministry or any oernent reied the draft ill which Government Department or any was aended and rened he abinet statutory body established or created by aroed the reised draft ill in eceber or under any law; clearin the wa for its arliaentar (b) any Ministry of a Minster of the Board debate in earl of Ministers of a Province or any Department or any statutory body he entre for aw and eocrac in established or created by a statute of a anada carried out an analsis of the Provincial Council; eceber draft ill and said the law if (c) any local authority; and

24 Maithripala Sirisena: 25 httwwwsundaties 26 httwwwlaw 28 ri anka onstitution Compassionate lksortsriht deocracorlie udated with all oernent table toinforationbilltobe srilankaroosesstron aendents as at ountr lection anifesto aettedsoonhtl rihttoinforationact a accessed fro eceber http://www.parliament. http://www.president. 27 http://www. lklesdfconstitution olkwcontent lankabusinessonline pdf uloads cosrilankasrihtto anifestodf inforationbillresented toarliaent

Rebuilding Public Trust 23 (d) any other person, who is in possession s it stands this constitutional aendent of such information relating to any restricts inforation to rotect arliaentar institution referred to in sub-paragraphs riilee oweer in deocratic sstes (a) (b) or (c) of this paragraph. there is no ustiable reason to withhold inforation in order to rotect arliaentar (2) No restrictions shall be placed on the riilees fro those who hae elected their right declared and recognized by this Article, arliaentarians here is once aain the other than such restrictions prescribed liitation of the riht to citiens and leal by law as are necessary in a democratic entities to the eclusion of noncitiens society, in the interests of national security, contrar to international standards territorial integrity or public safety, for the prevention of disorder or crime, for the he ct is intended to oerationalise protection of health or morals and of the this riht n ost countries where such reputation or the rights of others, privacy, a law was assed there has been a race prevention of contempt of court, protection eriod soetie substantial before the law of parliamentary privilege, for preventing the cae into efect hat was to allow for the disclosure of information communicated in dee chanes to adinistratie rocedures confdence, or for maintaining the authority that need to be undertaken in order to and impartiality of the judiciary. eaninfull oerationalise f such a race eriod is not obsered in ri anka it (3) In this Article, “citizen” includes a body could lead to initial delas and frustrations whether incorporated or unincorporated, if not less than three-fourths of the members of en as the lobbied for an law soe such body are citizens. adocac oranisations conducted awareness roraes on the benets and secic oe analsts feel this leel of detail is uses of or eale ransarenc ecessie as a onstitutional roision when nternational ri anka and ri anka a sile stateent would hae been ress nstitute trained arious rous sucient and all the details could hae been includin cit based ournalists and roincial provided for in the relevant law.29 ournalists30 hese eforts hae enhanced

29 http://www.ft.lk/ articlelear thinkinandrofessional draftinneededfor onstitutionakin

30 ee for eale ublic oinion sure on httwww tisrilankaorwcontent uloads nalreortforweb 24 Rebuilding Public Trust ebdf Editorial 1 03 independence is guaranteed in law and respected in practice

awareness and built u counit readiness ditorial indeendence is the freedo for of editors and other ournalists to ake content related decisions without dotin the law arks the beinnin of interference fro the edias owners business a lon ourne roer ileentation will anaers or other third arties includin reuire sustained olitical will adinistratie ocials he rincile of editorial indeendence lannin and substantial ublic funds t will whereb decisions are ade b ournalists or also need sustained deand and onitorin broadcasters on the basis of rofessional criteria b ciil societ rous and edia to uard and the ublics riht to know needs to be aainst the whole rocess becoin ired in safeuarded b law and resected in ractice too uch red tae31 n ri anka there is no leal uarantee of editorial indeendence he oernent Recommendations edia olic ien on the edia inistrs website carries a sentence on coitent iht to nforation law based on to ensure and uarantee editorial the rincile of aiu disclosure indeendence to all edia ersonnel32 should be adoted he cial ecrets ct o of should n realit ournalistic decisions can and do either be reealed in its entiret or reularl coe under ressure fro within substantiall aended in line with and outside edia oranisations the rinciles relatin to he ithin riatel owned edia oranisations it iht to nforation law should is coon for owners or anaers to interfere include a roision to rotect whistle with the news coerae and coentar to blowers actin in ood faith and in suit their olitical andor coercial interests reasonable belief that the information nd in the state owned edia which are not was substantiall true and disclosed true ublic serice edia as discussed in it eidence of wrondoin is coon ractice for oliticians of the rulin art to deterine news coerae ehasis he roisions which allow the and coentar in their faour restrictin of inforation on the rounds of rotectin arliaentar riilees should be reoed fro the 31 eond oin 32 httwwwediaolk towards en ata and iaesdfwordedia onstitution and the law and the en oernent olicenlishdf scoe of these leal docuents should alaka unawardene ail irror 14 September be eanded to include eerone httwww dailirrorlk beondrtiointo oendataandoenot

Rebuilding Public Trust utside ressures on edias editorial decade later the situation has not indeendence can coe fro a ariet of fundaentall chaned sources oliticians oernent ocials adertisers ublic relations aencies or edia refor actiist and forer broadcaster arious ressure rous and can also take iaananda aaweera has adocated that diferent fors oe ressures a be for editorial indeendence of the news edia faourable coerae t other ties ressures should be uaranteed leall b an ndeendent a be eerted for noncoerae ie killin a edia ouncil to be established b law stor desite its ublic iortance roisions fosterin editorial indeendence could reuire edia oranisations to deelo orer resident aaaksa used to eet and ileent edia accountabilit sstes national newsaer editors on a onthl based on rofessional alues ditorial statutes basis where atters of current concern were could be adoted to ensure a searation of discussed inforall he oosition and business and editorial actiities soe editors albeit often oftherecord were critical of these encounters which were e added his would ean that there should seen as attets to inuence the edias be a coellin echanis to safeuard editorial content33 editorial indeendence fro interferences whether the coe fro the oernent ri ankas state broadcasters lack editorial the edia owners or the outsiders ne such indeendence and are currentl not reuired echanis could be an ndeendent edia to sere established ublic serice alues ouncil eowered to rotect ress freedo s noted b an international ission to ri and safeuard the editorial indeendence he anka in ctober esite onoin ndeendent ress ouncil of ndonesia which ublic debate on the issue and nuerous corises ublic intellectuals and einent ocial recoendations to this efect the ournalists selected b edia rofessionals oernent has still not taken the necessar is a ood eale of such a echanis he stes to transfor the state broadcasters into ndeendent ress ouncil aw of ndonesia enuine ublic serice broadcasters with reuires all news edia to abide b the uaranteed editorial indeendence34 decisions ade b this ouncil

33 httdbsearaco 34 ress reedo and 35 dentifin euireents forstructuralchanesin dbsarchies reedo of ression for tructural hanes ourediasste in ri anka trule in ur edia ste for urial eort of iaananda aaweera the International Press orld ress reedo a reedo and reedo lecture oranised b ree of ression ission to Media Movement and the ri anka anuar ri anka ress nstitute httwwwarticle a ordatalesdfs http://srilankabrief. ublicationssrilanka orsrilanka issionrtdf identifinreuireents 26 Rebuilding Public Trust Journalists’ 1 04 right to protect their sources is guaranteed in law and respected in practice

eal scholars and soe actiists are war he edia deends to a lare etent on about the echanis for enforcin editorial the ublic for sourcin inforation indeendence in the riatel owned Tof ublic interest ost of the tie edia een if a law is assed in this resect sources are ha to be uoted in the eislatin on this issue could inite a edia ut soe indiiduals roide the oernental role in one wa or the other edia inforation of a sensitie nature into the riate shere and edia freedo for eale relatin to corrution and this is hihl ulnerable to abuse isoernent or the actiities of ne safeuard is to strenthen ournalists oranised criinals n such situations unions that can neotiate with owners on anonit or nonattribution is essential editorial freedo as is done in ore ature for the sources willinness to seak out of deocracies such as the hen the fear for retaliation if his or her name were Financial Times of the was bouht oer disclosed b ikkei of aan for eale ournalists demanded that the new owner formalized its rotection of ournalistic sources is one of the uarantee of editorial indeendence36 basic conditions for edia freedo ithout such rotection sources a be deterred fro assistin the edia in inforin the Recommendations ublic on atters of ublic interest f that haens the ital ublicwatchdo role ditorial indeendence of the ublic of the edia a be underined and the serice edia should be uaranteed abilit of the ress to roide accurate b law while all other news edia are and reliable inforation a be adersel encouraed to adot and ublish their afected editorial olicies and accountabilit sstes based on rofessional alues ri anka does not hae a secic law and a ublic serice orientation uch uaranteein the riht of ournalists to stateents should clearl eower aintain the condentialit of their sources the editorial staf and deonstrate the ournalists and edia oranisations coe searation of editorial and business under ressure fro law enforceent actiities of the edia coan he edia selfreulator or coreulator echaniss should hae the necessar 36 http://www. 37 httswwwarticle theuardiancoedia oraesenrotection owers to safeuard editorial reensladese ofsourcesorehtl indeendence fro undue inuences nancialtiesnikkei uaranteeofindeendence ri ankas edia stakeholders should hae a focused national debate on how best to uarantee editorial indeendence and work out the best ossible strateies Rebuilding Public Trust ocers fro tie to tie to reeal their of inforation should be uaranteed b law sources wo decades later such a law has not et been introduced n the state institution known as the ri anka ress ouncil forulated a code urin and after the ciil war ournalists of ethics for ournalists under the ri anka and editors reularl cae under ressure ress ouncil aw o of lthouh fro the state to reeal their sources for aroed b arliaent and aetted on articles related to defence ublic eenses ctober this code was not widel olitical scandals and other sensitie toics acceted b the ournalistic counit and ational and international adocac rous is not leall bindin he code contains hae often rotested on this transression of a sentence sain er ournalist shall edia freedo or eale reedo of the obsere secrec reardin an source of ress reort docuented how seeral inforation unless the erson who ae hi ournalists were suoned for uestionin such inforation authories the disclosure and asked to reeal their sources one of who of his identit38 his creates an obliation was detained.39 of source condentialit rather than a riht to it. n the olobo eclaration on edia reedo and ocial esonsibilit reised he eort of the oittee to dise ersion roided as follows in section on the efor of aws fectin edia eislation to rotect the condentialit reedo and reedo of ression known of edia sources should be introduced as the oonesekere oittee and should be art of a ontet of ourt eort noted that the absence of rotection law where the conditions under which in resect of condentialit of sources in diulence of edia sources are coelled ri anka was a serious iedient to are clearl dened40 inestiatie ournalis and the eosure of ublic scandals and wrondoin t recoended that the riht of ournalists not to be coelled to disclose their sources

38 httwwwslclk 39 httsfreedohouse 40 olobo eclaration iaesdoc orreortfreedo on edia reedo and nlishdf resssrilanka ocial esonsibilit cko revised version) https:// icteaceleswordress codeclaration endf

28 Rebuilding Public Trust The public and 1 05 civil society organisations (CSOs) participate in shaping public policy towards the media

he rocesses of forulatin olicies Recommendation laws and reulations in ri anka do not ofer too an oortunities for he law should roide stron T the ublic or s to enae et ublic rotection for the riht of ournalists sirited indiiduals and iilant s use and other media professionals who the edia rofessional forus and other disseinate inforation rofessionall latfors to critiue new olicies and or reularl in the ublic interest to to lobb aainst an illadised olicies rotect their condential sources of laws or ractices n this rocess the information. soeties enlist the suort of oosition Parliamentarians.

he recent rocess of discussin the new ill inoled an acadeics actiists and ournalists this indicates a ore consultatie aroach on the art of the current oernent

ecicall on edia related olicies ournalists trade unions and other edia associations sustain ressure and where ossible turn it into ublic aitation caains

recent eale in id the edia inistrs attet to introduce a ode of thics was successfull resisted b editors and ournalists n the end resident aaaksa directed the inistr not to roceed sain uch a code should

Rebuilding Public Trust 29 oda ankan edia sees to hae edia hae no freedo to know what forotten its resonsibilities and oin is oin on in the forer war areas astra o we urentl need edia of orth btainin and resentin sector refors to brin our industr inforation to our ail readers is a and rofession back to its basics dail strule for us see no diference efors are needed at seeral leels between when the war was oin on coerin edia laws edia ethics and now une and reater rofessionalis in the edia e need to identif what has es freedo of eression is contributed to the current deca and uaranteed b the onstitution but ssteaticall address those causes in ractice arious restrictions coe into la his leads to selfcensorshi e in the ail lanuae edia reedo of eression is a basic riht dont hae een half of the riht to not onl for the edia and ournalists information and free expression that but for eer citien inhala lanuae newsaers eno en soe fellow ournalists are - S Srikajan harassin us or eale the eole – Editor, Daily Virakesari of this countr and us in the ail

coe fro the edia itself e also acknowleded that a ode of thics actuall Recommendation a ode of rofessional ractice forulated b the ditors uild of ri anka was he oernent should undertake alread in lace41 a broad rocess of consultation with interested stakeholders when adotin leislation or olicies which afect freedom of expression or of the media.

41 httwwwsundaties lknewsoe toiosestandardson ediathwartedhtl

30 Rebuilding Public Trust Independence 1 06 of the regulatory system is guaranteed by law and respected in practice

ri ankas broadcast reulator sste is not well dened and nor is it BREGULATORY Sindependent. SYSTEM he inistr of edia is the desinated authorit to consider alications and FOR issue licences for radio and teleision broadcastin n the absence of a secic law BROADCASTING for this urose licences are issued under the ri anka roadcastin ororation ct o of ection of that law eowers the inister issue to an erson a licence for the establishent and aintenance of a riate broadcastin station in an area of ri anka

he ct asks to ublish a notice in the aette and in newsaers callin for alications for the issuance of such licences and adds o licence shall be issued to an erson ecetafter inuir into his alication

he ct also sas reulations a be ade for oernin this rocess but such reulations hae neer been forulated durin the half centur the law has been in force

n ractice it is not but the inistr of edia that has eercised the authorit

Rebuilding Public Trust 31 to issue broadcast licences he inistrs a licence as haened with e radio website lists entities that hae been issued channels un old iru haa with broadcast licenses since these and oorian oerated b sia coer terrestrial cable and satellite sstes roadcastin ororation in ctober of distribution42 heir licence was susended after one channel broadcast an erroneous reort that he criteria for consideration and the ail iers then enaed in ciil war in decisionakin rocess are not elained the orth had arried in a illae in the t is an entirel discretionar rocess and south of ri anka he channel corrected licences a be susended or reoked at an itself within a short tie and aoloied tie here is no riht of aeal in such an on the air but the oernent of the da event. still considered it a ross iolation of the freedom of expression”.44 his has led to the licensees coin under the ower of the oernent in oce s he coan souht uree ourt two senior broadcasters hae described he interention but was unsuccessful Their licensin rocess was deendent larel on licence was restored si onths later but the the oodwill of the inister concerned ater entire decision akin lacked transarenc on it was ade necessar to renew these and aears to hae been sinicantl licences annuall akin it ore deendent inuenced b olitical rather than ublic on the inister n addition the oernent interest considerations could sto broadcasts wheneer it wanted hus the riate edia institutions were he aboe entioned situation hihlihts the constantl under ressure to kee the need for an independent Media Commission oernent ha43 or at least an indeendent roadcastin oission with constitutional standin nce licences are issued the leel of within the th endent fraework onitorin for coliance of licensin ranisations like the ree edia oeent conditions is not clear n rare occasions the hae adocated for an indeendent inistr has eercised its ower to reoke edia coission in the ast eal scholar

42 eistered nstitutions for 43 olitical cono of the 44 httwwwbbc adio and icense as lectronic edia in ri couksinhalanews listed on inistr of edia anka ilak aaratne stor website accessed on arath ellaotha fmm.shtml anuar httwww battled edia ediaolkiaesdf eocrac oernance 45 httenrsforsrilanka wordlicensedinstitutions and efor in ri anka courtuholdswithdrawal tradiodf ae ublications ofabcs p129

32 Rebuilding Public Trust Regulatory system 1 07 works to ensure media pluralism and freedom of expression and information

sana elikala sas the indeendent n the absence of an indeendent edia oission should be aointed on reulator this does not arise he edia the recoendation of the onstitutional Iinistr of ri anka currentl las ouncil and ust feature the reresentation ultile roles olic aker broadcast of inter alia workin ournalists acadeics reulator as well as oerator of full state in releant elds rorietors and now also owned broadcast stations new edia ractitioners46

ee also discussion under here is no foral obliation for the inistr to roote luralis n fact the state has so far not acted on the ciil societ adocac to transfor state owned broadcasters into true ublic serice broadcasters and also to license enuine counit broadcastin Recommendation

orehensie leislation on broadcastin should be adoted which aon other thins establishes an indeendent bod to license and otherwise reulate broadcastin in line with international standards which is accountable to the eole of ri anka throuh arliaent his bod should oerate in a transarent and accountable fashion and the Broadcasting needs technical level regulation to law should roide a clear olic avoid chaos fraework within which it needs to work. 46 ecurin the reedo of ression in the ew ri anka ssential nstitutional efors b sana elikala roundiews or anuar httroundiews or securinthefreedo oferessioninthe newsrilankaessential institutionalrefors Rebuilding Public Trust 33 beliee soe of the worst edia conduct in the world is found in ri anka ake edia ownershi for instance ur oernent owns a lare newsaer ublishin house here should be nothin called oernent newsaers it should belon to the ublic o adocate that ake ouse should be sold CDEFAMATION ur edia runs behind oliticians as if the were ods hat does not elicit ublic interest inforation such edia LAWS conduct onl brins out anufactured draa oda there is no olitics in ri AND anka without broadcast edia and there can be no broadcast edia without OTHER olitics e hae allowed these two LEGAL to becoe so intertwined erbod works for shortter selfain erone RESTRICTIONS is trin to safeuard their obs e need to chane this culture ON a not een sure if rot otie is JOURNALISTS iortant for an edia houses in ri anka he are in this business for other benets o serin the ublic interest or doin ood is not iortant to the he ust ut toether soe content en coin of forats or ideas is not done well

n iew the to riorit is to resole and refor the structural issues afectin our edia ther iortant atters like edia ethics can coe net ithout the cake there is no oint talkin about the icin tart with the oonesekere oittee eort and idath andalochana oittee eort

- Dr Rohan Samarajiva, communications scholar; former Director General, TRCSL; and Founder Chair, LIRNEasia research organisation 34 Rebuilding Public Trust The state does 1 08 not place unwarranted legal restrictions on the media

efaation laws eist to rotect here is no law or reulation reuirin indiiduals fro false alleations ournalists to reister before the can Dof fact which can daae their Tractise their rofession oweer reutation oweer as the edia freedo editors are reuired to reister under the adocac rou rticle notes in an rintin resses rdinance adoted in countries the defaation law resents his runs counter to international unnecessaril and unustiabl broad standards whereb no foral conditions of restrictions on freedo of eression this sort should be iosed een on editors

rticle sas that defaation laws a en thouh not a leal reuireent there be too broad in their denition fail to is an adinistratie arraneent known roide for adeuate leal defences be as the edia ccreditation issued b the rohibitiel costl to defend or iose eartent of nforation under the ecessie unishents for breach such as edia inistr his is an identication criinal sanctions or crushin nes ood that adits the bearer to ocial ress defaation law ais to strike a health conferences and state functions etc isitin balance between the rotection of indiiduals forein corresondents a also al reutation and freedo of eression for a teorar accreditation with the endorseent of the inistr of orein he lobal trend has been to treat fairs here is a stiulated rocedure defaation as a ciil atter as criinal for issuin edia ccreditation but the defaation laws are inherentl harsh and eartent of nforation has discretionar hae a disroortionate chillin efect owers oer alications n the ast the on free eression oth the and the eartent has soeties declined to ranisation for ecurit and ooeration rant this ate ass to ournalists and other in uroe are actiel adocatin edia workers of edia outlets critical of the decriinalisation of defaation48 oernent in oce

ri anka led the wa in outh sia in istoricall newsaers and aaines decriinalisin defaation in 49 hae had to reister with the eartent

47 rticle 48 httswwwarticle 50 httwwwdio efaation oraesendefaation lkdiisionsedia ile ntroduction to e more.html accreditationunit oncets of efaation aw rticle ondon 49 httwwwsundaties httswwwarticle lknews ordatalesdfs lankasefortstoberid toolsdefaationabcdf ofcriinaldefaation laudedbindian editorhtl

Rebuilding Public Trust Defamation 1 09 laws impose the narrowest restrictions necessary to protect the reputation of individuals

of osts if the wished to disatch coies or decades successie oernents b ost usin a concessionar rinted resorted to rosecution under criinal atter rate and with the eartent of defaation laws when faced with ational rchies he irector ational edia coentar critical of the head of rchies is also the eistrar of ooks and state andor oernent inisters or ewsaers this the used state resources ie ttorne enerals eartent here was a sate of ince the s the state ress ouncil also rosecutions in the s and s which reuires rint eriodicals to reister with it led to edia rihts rous caainin for and furnish details of ublisher and editor the reeal of criinal defaation laws ccordin to its website this reistration is not a rereuisite rior to startin a new n articular the called for the reealin newsaer or aaine reistration reuires of ection of the enal ode which considerable aer work and coies of the ade libel a criinal ofence unishable ublications rst three issues b irisonent his was at the forefront of the oriinal olobo eclaration on nder international law reistration schees edia reedo and ocial esonsibilit for newsaers are iewed with susicion which was adoted at an international and are onl leitiate if the do not allow seinar in ril attended b for refusal of reistration ie do not allow an ankan edia oranisations and for ocial discretion in the rocess or international adocac rous iose substantie barriers on oeratin a newsaer t is not er clear what urose ection was nall reealed in une besides trackin and onitorin the ress alon with the corresondin roisions in ouncil reistration seres the ress ouncil ct

reciatin the need to institutionalie selfreulation the edia industr and ournalists associations soon oined hands to set u the ress olaints oission

51 httwwwarchies olkwebinde hotioncocontenti ewarticleidteid lanen

52 httwwwslclknews aerreistrationshtl

36 Rebuilding Public Trust of ri anka as a oluntar echanis started oerations in Recommendation ctober see details under law should be adoted to brin the Civil defamation remains an option for rules on ciil defaation into line seekin leal redress to an indiidual with international and constitutional or entit that feels adersel afected b standards he law should aon an ite ublished in the edia iil other thins ensure that ublic defaation can be established if such authorities do not hae the ower to ublication roes to be alicious brin defaation cases in their own oweer etraordinar delas in naes that ublic ures are reuired disensin ustice ake this area of the law to tolerate a reater deree of criticis alost entirel eaninless in ractice than ordinar citiens that aroriate defences are aailable to defaation iil defaation is oerned b the coon defendants and that the sanctions for law the art of nlish law that is deried defamation are proportionate to the fro custo and udicial recedent rather harm done. than statutes herefore there are no ciil defaation laws in the law books as such

hile not as drastic as criinal defaation cases for the ournalists inoled ciil cases soeties inolin ecessiel lare clais of daaes continue to be led aainst critical edia outlets b soe oernent ocials olitical ures and businessen

53 httsfreedohouse orreortfreedo resssrilanka

Rebuilding Public Trust Other restrictions upon freedom 1 10 of expression, whether based on national security, hate speech, privacy, contempt of court laws and obscenity should e clear and narroly defned in la and ustifale as necessary in a democratic society, in accordance with international law

Contempt of court ecetions to the eneral rule reardin condentialit of sources should rescribe ournalists occasionall face contet fair rocedures for the deterinin of ofcourt chares here is considerable contet alleations and should rescribe abiuit in the releant law as well a aiu sentence that could be iosed as in the udicial interretations of the when contet is in fact found concet eal researchers ishali into aawardena and ehan unatilleke ri anka does not hae a codied law hae written about udicial tendenc of on contet of court oweer a draft of intiidatin the edia and constrainin a contet law was drafted b a secial the reortin of ital atters with reard to coittee of the ar ssociation of ri the indeendence of the udiciar This anka and sent to the oernent in reains a case for concern on its roisions is one that sas a erson shall not be uilt of contet of he olobo eclaration reised ersion court for ublishin an fair coent ured in section here should be a on the erits of a case which has been ontet of ourt ct in order to clarif the heard and nall decided or enain in substantie and rocedural aw concerned honest and fair criticis on a atter of which would dene recisel the scoe of ublic iortance or ublic concern or ontet of ourt and the Sub-Judice ule fair criticis of the leal erits of udicial broadl structured on the lines of the decisions ontet of ourt ct of and the ndian ontet of ourt ct of he ther entities like the ditors uild and law should allow for fair and reasonable the ational uan ihts oission criticis of udents udicial conduct and also subitted draft laws on contet to udicial roceedins includin when such the arliaentar elect oittee on roceedins are endin so lon as such ontet chaired b late inister akshan coent does not constitute substantie adiraar in oweer that reudice to the adinistration of ustice arliaent was dissoled before the elect should secif inter alia narrowl dened oittee coleted its work

54 n edia aw efor 55 httwwwsundaties ained b ishali lk/060226/news/12.html intoaawardena and ehan unatilleke in Embattled Media Democracy, Governance and Reform in Sri Lanka ae ublications

38 Rebuilding Public Trust Parliamentary privileges arliaent and is not reected in odern standards relatin to the riht to freedo arliaentar riilees law is another of seech eression and inforation Patter for concern he arliaentar he eclaration recoended that the owers and riilees ct o of arliaentar owers and riilees ct and aendents ies the arliaent should be returned to its oriinal ower to deal with serious breaches of osition and the conseuent aendents to riilee n the ast arliaent has the ct should be secicall reealed eercised its uasiudicial owers to unish certain editors lthouh the aendent t the sae tie and full consistent that aforded such ower to the arliaent with the aboe it is also true that the was reealed in other roisions arliaentar riilee of freedo of continue to worr ournalists reortin seech of s needs to continue albeit in arliaentar roceedins a refored anner and to be aailable as a defence in defaation actions his riilee he oonesekere oittees erfors an iortant role in strenthenin conclusion with reard to arliaentar arliaent in a odern deocrac b riilee was that the constitutional ensurin that s are rotected fro ciil roisions that ade arliaentar liabilit or een the threat of eatious riilee a round for restrictin free litiation b oernents or owerful seech and edia freedo were wholl riate interests and thereb eowerin inconsistent with ri ankas obliations the to take u iortant atters of ublic under international law interest in the leislature ther actors includin the edia reain otentiall he olobo eclaration noted liable in ciil defaation law if the har in section that the roisions in the the reutations of others durin such onstitution settin out restrictions relatin discussions to arliaentar riilees should be reoed as this constitutes an unnecessar aturall this iortant riilee needs to riilee conferred on ebers of be circuscribed to reent abuse includin

56 http://www.parliament.lk/ lesdfowersriilees pdf

Rebuilding Public Trust 39 that it is not a blanket iunit here are ears and also in the ostwar eriod arious oonwealth odels that can be lakers who ade sociall sensitie followed in balancin the ublic interest in and critical ls hae had their creations leislatie indeendence and freedo with heail censored or banned that of indiiduals reutations s researcher iaohan uath has ri ankas leal fraework releant to docuented in lakers who and edia freedo is also dened b soe hae entured to oen u saces for other laws or eale rethinkin the nation such as rasanna ithanae iukthi aasundara aneewa Article 120 of the Penal Code which ushakuara and soka andaaa deals with ofences aainst the tate has all faced state censorshi ia the ublic akes it a crie unishable b u to erforance rdinance drien in an two ears irisonent to utter words instances b ultrariht win critiues of which ecite or attet to ecite ill their feature ls ie works of ction will aainst the resident the national oernent the adinistration of ustice eal and reulator restrictions such as the or diferent classes of eole in ri aboe often ean that atters that should anka his is a for of sedition law be oen to debate such as corrution which has lon since been considered to neotis and cronis a not alwas be illeitiate accordin to international reach the ublic doain law.

The Public Performance Ordinance (No 7 of 1912) reulates ublic erforances and reuires rior aroal fro the stateaointed ublic erforances oard before an ublic erforances of a la or ublic disla of a l or ideo urin the war

57 ureillance and urial uath iaohan rontline ebruar http://www.frontline.in/ artsandculturecinea sureillanceandsurial articleece

40 Rebuilding Public Trust B O X 03 Among the Other Laws Recommendations tat ect edia nact a codied and liberalised here are seeral other laws that are ontet of ourt law which allows Tin full or in art afect the edias for fair criticis of udents udicial oerations oe of the date back fro conduct and udicial roceedins the ties of ritish rule includin when such roceedins are endin so lon as such coent does These are: not ose a secic risk of reudice to ewsaers rdinance o of the fairness of an onoin case or in rinters and ublishers rdinance o ecetional cases the adinistration of of ustice rintin resses rdinance o of 1902 arliaent should not hae the bscene ublications rdinance o ower to iose sanctions on others of for criticis of arliaent s or rofane ublications ct o of arliaentar ocers he riht to ational rchies ct o of disclose inforation in the ublic ode of ntellectual roert ct of interest includin about the actiities of arliaent and its ebers should be full rotected in law n addition enal ode roisions on ofences aainst the state ection ection of the enal ode relatin and and ofences afectin ublic to sedition should be reealed the decenc or orals or reliious haron rules on inciteent to cries are ections and are also sucient to rotect aainst an relevant to the media. leitiate threats coered b the law on sedition. Source: ri anka chater b helton unaratne and hanuka atteaa in ther laws and rules which liit andbook of the edia in sia ae freedo of eression should be ublications reiewed and as needed aended to brin the into line with constitutional and international uarantees of freedom of expression.

Rebuilding Public Trust 41 ews is a erishable coodit an dela in its release b the news DCENSORSHIP edia reresents a serious afront to free expression.

International law permits prior censorshi onl in hihl ecetional circustances n restriction on freedo of eression ust be the least restrictie eans ossible to rotect a ustifiable ublic interest and ust be narrowl defined and roortionate to rotect that interest

oe countries which hae sined and ratified international treaties on free eression neertheless continue to iose rior censorshi in iolation of their own law or constitution

erbroad or illdefined laws can do uch har to free seech b rantin those who al the ecessie discretion in deterinin their boundaries or eale the bannin of ublications or broadcasts on the rounds that the iht daae ublic order oralit or securit or har relations with a forein countr leaes hue scoe for interpretation.

42 Rebuilding Public Trust The media is 1 11 not subject to prior censorship as a matter of both law and practice

cessie unishents such as hea urin the ciil war in ri anka nes or the closure or threatened closure a rior censorshi concernin all of edia oranisations create a cliate Datters related to national securit of selfcensorshi and reresent on their was aintained for seeral ears and b own a breach of the riht to freedo of ore than one oernent t was iosed eression contrast an efectie sste under eerenc reulations which were of edia selfreulation akes state allowed to lase in uust edia intrusion unnecessar see also sections oranisations felt that the alication of and on edia selfreulation censorshi rules was often arbitrar and ecessie

n unocial reublication censorshi on issues of national securit and defence was iosed b a newl setu edia entre for ational ecurit which assued the authorit to disseinate all inforation related to these issues to the edia and the ublic oweer the centre was dissoled in eceber

ri anka has not had an foral rior censorshi for soe ears but due to the unfriendl and haardous enironent that reailed until ost edia oranisations and ournalists eercised self censorshi

Censorship - by Eric Drooker

58 reedo of the ress eort on ri anka reedo ouse htts freedohouseorreort freedoresssri lankahfko

Rebuilding Public Trust 43 The state does 1 12 not seek to block or flter nternet content deemed sensitive or detrimental

he rst docuented blockin of access to a website within Sri Lanka was in e ust constantl ht for Tune t inoled ailet one of edia freedo t is an onoin ost widel isited and wellknown news strule iht now we wait for websites about ri anka he website located a threat or attack aainst a edia at wwwtailnetco and hosted fro outside oranisation or ournalist to react ri anka was blocked b all nternet erice his ust chane roiders s who were actin on the orders of hiher authorities in the oernent here - Vijitha Yapa. was no ublished order notice or directie Founder Editor, and the oe was condened b local and The Island, Sunday Island and international edia rihts adocac rous The Sunday Times fter that there were an ore instances where s blocked user access to news websites carrin olitical inforation or coentar all aarentl under Recommendation instructions fro the elecounications eulator oission uch o rior censorshi should be iosed blockin was entirel arbitrar and had no on the edia here necessar courts basis in law nor an udicial sanction or can reiew edia content for lealit oersiht t contrasts with the blockin after ublication on an urent basis of soe ornorahic websites which aws and reulations that erit was done after secic court orders were censorshi includin the ublic obtained b the olice s such the blockin erforance rdinance should be of news websites and olitical websites reiewed and aended to brin the aounted to online censorshi into line with international standards. s the reedo on the et eort noted ince there hae been

59 ailnet blocked in ri 60 httswwwarticle anka inhala ordatalesdfs co httwwwbbc resssrilankatailnet couksinhalanews blockeddf stor tamilnet.shtml

44 Rebuilding Public Trust when it coes to content that is critical of oernent olicies and actions61 “There are no laws in Sri Lanka for online content regulation. Website s far as is known none of the countrs blocking was ad hoc (during prior s challened these eecutie orders in to 2015) – it was done by asking court or souht udicial oersiht for such Internet Service Providers (usually blockin resuabl fearin the reocation through verbal instructions) to block of their oerator licence access from within Sri Lanka, but such websites were accessible from n the ost corehensie reort on anywhere else in the world. These nternet freedo in ri anka released in orders were not documented.” oeber noted he directies of national securit and arbitrar udeents - Charitha Herath, b oernent ocials on what constitutes Former Secretary, Ministry of the national interest and ublic oralit Media and Information hae been aniulated to stie dissent (2012-14) and block web content that is considered ofensie he situation is coounded b a leislatie fraework with broad roisions that allow for ciil liberties to be trued in faour of national securit roisions and nuerous cases of arbitrar blocks on reulator standards that deand neither websites that reort on huan rihts an indeendent reulator coission nor iolations corrution and oernance transarent adinistratie ractices and 62 issues hese instances hae occurred adeuate rotection of data and riac alonside the consistent failure b authorities to roide a leal basis for the blocks follow n its reedo on the et reort due rocess in ters of udicial interention reedo ouse said he s in order to leitiie an oe to restrict interentions to restrict online content and content or rotect artisan interests ronounceents on strenthenin online

61 httsfreedohouse 62 reedo of ression orreortfreedo on the Internet in Sri netsrilanka anka entre for olic lternaties olobo oeber htt calankaorwcontent uloads df

Rebuilding Public Trust reulation hae been artisan etraleal he aue and oerbroad nature of this and repressive.” arraneent was hihlihted b ciil societ rous n a stateent the noted he reort added areted oliticied oncerns about defaation and the riht censorshi continued throuhout to riac notwithstandin the oernent 2013 and 2014 with the website of the has failed to roide a leitiate rationale Colombo Telegraph eriodicall blocked for the reistration rocess consistent aarentl because of its dissentin with the alues of a deocratic societ or content and coerae of controersial international standards on erissible leal olitical affairs in the countr s restrictions on the freedo of eression 64 in the ast the oernent denied resonsibilit ate seech online eeral news and current afairs websites howeer aeared to subside oer the reistered theseles under this schee last ear thouh iolent antiusli while others declined to do so oe that incidents continued to be the toic of did not reister were subseuentl blocked uch discussion on social edia with fro bein accessed within the countr essaes of suort etended towards n earl the ree edia oeent the usli counit fro acebook led a fundaental rihts etition users within the countr63 challenin the inistrs rounds for blockin e unreistered sites ut uree n oeber the eartent of ourt disissed the case a few onths later nforation issued a notice reuirin all websites carrin an content relatin to ri nder international law blockin of websites anka or the eole of ri anka uloaded on an adinistratie basis articularl fro ri anka or elsewhere to reister where undertaken b a oernent bod for accreditation he reistration is not a ustiable restriction on freedo of authorit was desinated as the inistr expression. of ass edia and nforation oweer this directie had no basis in an law or rbitrar blockin of olitical and critical reulation websites ended onl in id anuar

63 httsfreedohouse 64 rbitrar lockin and orsitesdefaultles eistration of ebsites resourcesrianka he ontinuin iolation pdf of reedo of ression on the Internet. Civil societ stateent issued on oeber httwwwcalankaor arbitrarblockinand reistrationofwebsites thecontinuiniolation offreedooferession 46 Rebuilding Public Trust ontheinternet oweer senior olitical leaders and ocials hae been critical of social edia in ilterin of content on the soe of their ublic stateents n ctober nternet usin counications forer resident aaaksa called kill switches ie shuttin down acebook a disease for our children et entire arts of counications he hiself aidl used both acebook and sstes and the hsical witter for his outreach n arch takeoer of broadcastin stations the edia inistr reortedl fored a are easures which can neer coittee to reulate social edia but its be ustied under huan rihts scoe was unclear and no stes were taken law.” ttention should also be aid to the otential - From the Joint Declaration isuses of the nternet kill switch a on Freedom of Expression and sinle shut of echanis or authorit for responses to conict situations all nternet trac in an entire countr or ce of the ih arts of a countr his is considered a last oissioner of uan ihts resort countereasure in a serious cber a httsshar crie attack where it becoes necessar to esh shut down the nternet to rotect it fro unsecied assailants oweer concerns are raised b actiists and researchers on disroortionate uses of this otion that can afect nternet users freedo of eression shortl after resident irisena was elected oweer courtsanctioned blockin of uch a colete shutdown took lace ornorahic websites continues within the reion on ebruar when the then in anendra ri anka has so far not blocked an social disissed the eali oernent assued edia latfor een for a short eriod of owers of absolute onarch and for time. seeral das shut down all obile

65 http://www. thereublicsuareco oliticsresident sasfacebookisadiseasein srilanka

Rebuilding Public Trust telecounications networks and the nternet across the entire countr Recommendations here should be no attets b the lthouh ri anka has neer had a state to liit online content or actiities colete shut down of all teleco serices ecet in accordance with a law that durin the eriod the oernent eets the standards of resect for directed obile networks be shut down freedo of eression as set out in the in secic oerational areas in the orth onstitution and under international and the ast for arious tie eriods66 n law ornorahic content a be ebruar the entire countrs blocked but onl after obtainin court tet essain was shut down for seeral orders under secic laws citin secic hours across all oble networks while the websites deeed ofensie uch ndeendence a obserance took lace blockin action should neer be alied he then oernent ofered no leal or to an website carrin critical olitical technical elanation for such actions ecet coentar or eosin corrution to cite national securit hen udiciall sanctioned website blockin is done as the last resort a ounications scholar r ohan colete list of all such blocked websites aaraia has called for wider discussion should be aintained and ade of the killswitch that can hae serious aailable for ublic reiew ilications for eocratic oernents should not use kill switch that hae ast and aralsin efects across societ and econo or the etree and unlikel situations there need to be clear reulations or uidelines on oernents abilit to use the kill switch otion of telecounications networks so as to reent its isuse for olitical uroses or to suress dissent 66 er in afna 67 httoldhiala deried of hone serice cocoonentcontent now for two months. articletechnoloies ebsites should not be reuired to asia ctober andfreedohtl 2006. http://lirneasia. reister to oerate and an reulator netoer rules that are alied to the online inafnaderiedof honesericenowfortwo world should resect the rincile that months/ reulator owers oer freedo of eression should onl eer be eercised b a bod which is rotected aainst 48 Rebuilding Public Trust olitical and coercial interference Stakeholder viewpoints…

lon with oliticians and oernents blocked within the countr eole the edia ust also take art of the found other was of ettin to that resonsibilit for the disal state of information. our countr e need to nurture our a totall aainst web censorshi f edia to suit our own culture and social an oernent thinks the can block realities e can look at how eelar critical websites and reent inforation ublic serice edia entities like ow the are wron oth technicall hae eoled ut in the end we hae to and racticall it was illadised action t deelo our own odels was the biest istake that the reious - Edmund Ranasinghe, oernent ade Former Chief Editor, - Harsha Wijayawardhana, Divaina and The Island Head of Department/Consultant, University of Colombo School of here are aor robles with our edia Computing (UCSC) reortin that redated the war and hae continued durin the war eriod e are oosed to website content and now een after the war ended reulation or control b the e need our edia to la a reater oernent e adocate resonsible role in buildin eace and suortin content roduction and sharin reconciliation is rearin a code of ethics - Justice C V Wigneswaran, for rofessional web ournalists in ri Chief Minister, anka e will adit as ebers onl Northern Provincial Council those who endorse and abide b this code e are not oosed to reisterin an robles we nd in the edia news websites with the inistr of toda are in fact a reection of deeer edia but riht now the fee for such aladies in societ and in the education reistration er ear is sste e are not creatin thinkin or too hih and we are hoin it can be creatie eole fro our schools an reduced loner he edia sector in ri anka he reious oernent tried to block needs aor refors and a colete olitical websites and censor the oerhaul after a ood deal of self nternet but there was no leal basis reection for it e fouht aainst the blockin - Saman Athaudahetti, of such websites on inestiation Additional Secretary (Media) to the we found that s had blocked these Prime Minister of Sri Lanka websites actin on telehone calls of certain ocials here is no such he reious oernent tried to website blockin now ril but block certain websites and created an who can tell what could haen in the unnecessar issue ews websites were future reuired to reister with the inistr of - Freddie Gamage, edia hat was lain stuid sil President, reisterin websites there was no wa Professional Web Journalists to enforce an content reulation lso Association (PWJA) when access to olitical websites was Rebuilding Public Trust 49 A system of regulation conducive to freedom of expression, pluralism and diversity of the media Collation of Recommendations

Indicator Relevant Recommendation

reedo of he onstitution should be aended to ensure that expression is it rotects the fundaental rihts to freedo of uaranteed eression and inforation of all ersons subect to the in law and urisdiction of the tate and not ust citiens resected in ractice he onstitution should be aended to liit the adotion of eerenc reulations under the ublic ecurit rdinance to hihl ecetional circustances as dened under international huan rihts law includin because of the eistence of an eerenc which threatens the life of the nation uch reulations should neer be used as a atter of eedienc to circuent the noral leislatie rocess he necessit of a state of eerenc should be indicated clearl in eerenc reulations which should be strictl liited in tie to the duration of the eerenc roision should be ade for the courts to assess whether the iosition of eerenc reulations is ustied

he onstitution should incororate lanuae that liits restrictions on the fundaental rihts to freedo of eression and inforation to those which are erissible onl in the secial circustances set out in rticle of the includin as to the interests which would ustif a restriction and the reuireent that an restriction be necessar to rotect that interest

he oernent should reiew all eistin laws which iose restrictions on freedo of eression with a iew to aendin the as necessar to ensure that the are full consistent with international huan rihts laws and nors ne otion is the reintroduction of udicial onstitutional reiew of leislation so as to ensure the sureac of the onstitution oer ordinar leislation his will hel address a nuber of concerns about older leislation that can then be subect to constitutional scrutin as well Rebuilding Public Trust Indicator Relevant Recommendation

he riht to iht to nforation law based on the rincile of information aiu disclosure should be adoted he cial is uaranteed ecrets ct o of should either be reealed in in law and its entiret or substantiall aended in line with the resected in rinciles relatin to he iht to nforation law ractice should include a roision to rotect whistle blowers actin in ood faith and in reasonable belief that the inforation was substantiall true and disclosed eidence of wrondoin

he roisions which allow the restrictin of inforation on the rounds of rotectin arliaentar riilees should be reoed fro the onstitution and the law and the scoe of these leal docuents should be eanded to include eerone

ditorial ditorial indeendence of the ublic serice edia indeendence should be uaranteed b law while all other news is uaranteed edia are encouraed to adot and ublish their in law and editorial olicies and accountabilit sstes based on resected in rofessional alues and a ublic serice orientation ractice uch stateents should clearl eower the editorial staf and deonstrate the searation of editorial and business actiities of the edia coan he edia self reulator or coreulator echaniss should hae the necessar owers to safeuard editorial indeendence fro undue inuences

ri ankas edia stakeholders should hae a focused national debate on how best to uarantee editorial indeendence and work out the best ossible strateies

ournalists riht to he law should roide stron rotection for the riht of rotect their sources is ournalists and other edia rofessionals who disseinate uaranteed in law and inforation rofessionall or reularl in the ublic resected in ractice interest to rotect their condential sources of inforation

Rebuilding Public Trust Indicator Relevant Recommendation

he ublic and ciil he oernent should undertake a broad rocess societ oranisations of consultation with all stakeholders when adotin s articiate in leislation or olicies which afect freedo of shain ublic olic expression or of the media. towards the media

ndeendence of the reulator sste is uaranteed b law and resected in ractice

eulator sste orehensie leislation on broadcastin should works to ensure be adoted which aon other thins establishes an edia luralis indeendent bod to license and otherwise reulate and freedom of broadcastin in line with international standards which expression and is accountable to the eole of ri anka throuh information arliaent his bod should oerate in a transarent and accountable fashion and the law should roide a clear olic fraework within which it needs to work

1.8 The state does not lace unwarranted leal restrictions on the media

1.9 Defamation laws law should be adoted to brin the rules on impose the narrowest ciil defaation into line with international and restrictions constitutional standards he law should aon necessar to rotect other thins ensure that ublic authorities do not the reutation of hae the ower to brin defaation cases in their indiiduals own naes that ublic ures are reuired to tolerate a reater deree of criticis than ordinar citiens that aroriate defences are aailable to defaation defendants and that the sanctions for defaation are proportionate to the harm done.

Rebuilding Public Trust Indicator Relevant Recommendation

ther restrictions nact a codied and liberalised ontet of ourt law uon freedo of which allows for fair criticis of udents udicial eression whether conduct and udicial roceedins includin when such based on national roceedins are endin so lon as such coent does securit hate not ose a secic risk of reudice to the fairness of an seech riac onoin case or in ecetional cases the adinistration contet of court of ustice laws and obscenit should be clear and arliaent should not hae the ower to iose narrowl dened in sanctions on others for criticis of arliaent s or law and ustiable arliaentar ocers he riht to disclose inforation as necessar in a in the ublic interest includin about the actiities of deocratic societ arliaent and its ebers should be full rotected in accordance with in law. international law ection of the enal ode relatin to sedition should be reealed the rules on inciteent to cries are sucient to rotect aainst an leitiate threats coered b the law on sedition

ther laws and rules which liit freedo of eression should be reiewed and as needed aended to brin the into line with constitutional and international uarantees of freedo of eression

1.11 The media is not o rior censorshi should be iosed on the edia subect to rior here necessar courts can reiew edia content censorshi as a for lealit after ublication on an urent basis aws matter of both and reulations that erit censorshi includin the law and ractice ublic erforance rdinance should be reiewed and aended to brin the into line with international standards.

Rebuilding Public Trust Indicator Relevant Recommendation

1.12 The state does here should be no attets b the state to liit online not seek to block content or actiities ecet in accordance with a law or lter nternet that eets the standards of resect for freedo of content deeed eression as set out in the onstitution and under sensitive or international law ornorahic content a be blocked detrimental but onl after obtainin court orders under secic laws citin secic websites deeed ofensie uch blockin action should neer be alied to an website carrin critical olitical coentar or eosin corrution hen udiciall sanctioned website blockin is done as the last resort a colete list of all such blocked websites should be aintained and ade aailable for ublic reiew

eocratic oernents should not use kill switch that hae ast and aralsin efects across societ and econo or the etree and unlikel situations there need to be clear reulations or uidelines on oernents abilit to use the killswitch otion of telecounications networks so as to reent its isuse for olitical uroses or to suress dissent

ebsites should not be reuired to reister to oerate and an reulator rules that are alied to the online world should resect the rincile that reulator owers oer freedo of eression should onl eer be eercised b a bod which is rotected aainst olitical and coercial interference

Rebuilding Public Trust Category

Plurality and diversity of media, a level economic2 playing feld and transparency of ownership

Rebuilding Public Trust

A MEDIA CONCENTRATION tate takes ositie easures to roote luralist edia tate ensures coliance with easures to roote luralist edia

B A DIVERSE MIX OF PUBLIC, PRIVATE AND COMMUNITY MEDIA tate actiel rootes a dierse i of ublic riate and counit edia ndeendent and transarent reulator sste tate and s actiel roote deeloent of counit edia

C LICENSING AND SPECTRUM ALLOCATION tate lan for sectru allocation ensures otial use for the ublic interest tate lan for sectru allocation rootes diersit of ownershi and content ndeendent and transarent reulator sste

D TAXATION AND BUSINESS REGULATION tate uses taation and business reulation to encourae edia deeloent in a nondiscriinator anner

E ADVERTISING tate does not discriinate throuh adertisin olic fectie reulation oernin adertisin in the edia

Rebuilding Public Trust itiens of the deocratic societies should eocracies need to onitor trends in undertake a course of intellectual self defense edia ownershi and take reentie action to rotect theseles fro aniulation and aainst undue concentration of ownershi control and to la the basis for eaninful oernents a adot rules aied at deocrac sas rofessor oa hosk liitin the inuence which a sinle erson the erican linuist and a leadin critic of a fail a coan or rou a hae in the role of edia in deocrac one or ore edia sectors oernents also hae an obliation to nurture a sucient edias ownershi whether it is a nuber of dierse edia outlets throuh sole rorietor cororation state or an roer edia sector reulation other entit is inetricabl linked to its editorial conduct ien how uch edia uch rules a include thresholds based on can inuence and shae ublic oinion in obectie criteria such as audience share odern societies close attention ust be circulation turnoerreenue distribution aid to who owns edia and how uch of share caital or otin rihts uch rules the control the editorial ositions adocated a in addition take into account both b their edia outlets horiontal interation erers within the sae branch of actiit and ertical hen edia ownershi is concentrated in interation control b a sinle erson the hands of a few indiiduals or coanies coan or rou of ke eleents of the riate interests can doinate oer the roduction and distribution rocesses and ublic interest that all edia irresectie related actiities such as adertisin of ownershi is eected to sere uch riate interest can rane fro those of he eact for that reulation takes deends olitical arties indiidual coanies or on the size and the level of development arious lobb rous of a edia arket lso the authorities resonsible for ileentin edia laws ll broadcasters use the electroanetic ust be ested with sucient owers to sectru which is a ublic roert where accolish their role be indeendent the state is the custodian hen a few and oerate free fro olitical ressures coanies hae access to the sectru there n articular the ust hae the ower can be no roer arketbased coetition to divest media operations where media hat in turn can lead to onoolistic luralis is threatened or unaccetable ractices such as hiher rices and less leels of concentration are reached and een innovation. to iose sanctions where reuired

Rebuilding Public Trust B O X 04 What exactly is Media Pluralism?

he edia are luralistic if the are Tulticentred and dierse enouh to host an infored uninhibited and MEDIAA inclusie discussion of atters of ublic interest at all ties CONCENTRATION

luralis of the edia eans a edia structure that is corised of coetin edia outlets which are indeendent fro each other a central owner or other inuence diersied on searate but oerlain lanes of ownershi olitical iews cultural outlooks and reional interests able to counicate to all corners of societ caable of conein a reat ariet of inforation and oinion and desined to draw inforation fro a wealth of diferent sources

Source: edia luralis and uan ihts roduced b the ouncil of uroe oissioner for uan ihts httswcdcoeint iewocsid

Rebuilding Public Trust B O X 05 Cross-ownership of Media edia concentration a handful of indiiduals or coanies ownin a edia crossownershi is the sinicant share of edia in a ien arket Mownershi of ultile edia underines edia luralis and diersit t businesses b one erson or coan creates an enironent that is not faourable hese businesses can include broadcast to the ultilicit of ideas lanuaes and cable teleision l radio and cultures in the edia hat in turn newsaer aaine book ublishin often inhibits oortunities for all sectors usic ideo aes and arious online of a counit to articiate in ublic outlets his is to ensure that one discussion and debate indiidual or coan does not hae a disroortionatel hih inuence oer he ankan edia sector can be broadl ublic oinion cateorised as those that are owned and controlled b the state and the rest owned n the nited tates the ederal b arious riatel held edia coanies ounications oission here is no trul counitowned edia sets liits on the nuber of broadcast with an sinicant reach ost riate stations radio and an entit can broadcast channels are based in the olobo own as well as liits on the coon district here are also e radio stations ownershi of broadcast stations and oerated b the state broadcaster his status newspapers. These limits are reviewed uo inhibits citiens abilit to access dierse once eer four ears edia eseciall at the local leels Details at: httstransitionfcco cbconsuerfactsreiewrulesdf

Rebuilding Public Trust State takes 2 01 positive measures to promote pluralist media

here is no eidence to show the ntil the end of content diersit eistence of an state olicies in the broadcast sector was also hindered Tsecicall aied at rootin edia b the then olitical cliate where edia luralis or diersit in ri anka owners oted to la safe and o alon with references of the forer reie rather lso ri anka does not hae an laws to than takin an risks in allowin dierse or liit the concentration of edia ownershi dissentin iews he roble was further edia crossownershi is currentl also eacerbated b not hain indeendent not reulated here is no indeendent counit edia to roide a latfor for reulator bod or echanis that could alternative views. enforce such laws een if the eisted hus the hih nuber of edia outlets in n recent ears olitical art anifestos ri anka has created a hihl isleadin durin ke national elections hae iression of edia diersit when in fact underlined the need for edia freedo but alost all outlets were eddlin ariations the failed to consider the euall iortant on the same theme. Under the new need for enablin olicies to foster edia government that has explicitly committed luralis and edia diersit n articular itself to media freedom, that particular there is no indeendent reulator bod in constraint no longer exists – so the time is the broadcastin sector with a andate to right for true media diversity and media foster luralis and diersit pluralism to ouris

t is true that the nuber of channels has Channel proliferation increased both in radio and terrestrial teleision sectors ut this increase has not s for the nuber of channels the edia created a ore inclusie ublic shere inistrs director of ankan edia nstead it has becoe a case of ore of the latest aailable listed68: the sae both in news coerae and other entities enaed in radio broadcastin rorain forats itation is far ore state owned the rest riatel owned coon than innoation etween the the oerate oer

68 he irector was aailable until ril on inistr website but is no loner online arlier location httwwwedia olkenlishiaes storiesdfuidetoedia pdf

60 Rebuilding Public Trust radio channels in inhala nlish or ssociated ewsaers of elon Tamil. iited better known as ake entities enaed in teleision ouse the countrs larest and broadcastin state owned the rest oldest newsaer ublishin house riatel owned hese were resonsible nationalised in for a total of oer freetoair terrestrial national radio ri anka roadcastin channels ororation national teleision ri anka uaahini list of radio and channels oeratin in ororation taken fro a arket research source is a coercial station naed ien as nne ndeendent eleision etwork ri anka taken oer b the state fro its n addition to freetoair terrestrial channels riate owners in there are soe cable and directtohoe satellite oerators and one or the oent no other edia ownin distributor or the ost art these channels entit has coarable breadth and reach rela local terrestrial channels and oerseas ake ouse and eno historical satellite channels their arket share is adantaes of well established distribution relatiel sall but rowin or eale networks. ialo the arket leader announced in arch that it had reached o riate coan has as et established subscribers69 a erasie resence across all edia oweer durin the ast three decades the able subscrition ackaes ar with broadcast edia coanies hae increased the lowest costin around aro their channels and added web outlets as er onth ail subscrition rates well he followin illustrates this trend this are also available. is not an exhaustive list):

he state owns and anaes seeral edia outlets with substantial outreach

69 httswwwdialolk dialodeliersrowthof inrstuarter

Rebuilding Public Trust 61 Holding Company FM radio TV channels Other media channels (terrestrial) operations Capital Maharaja irasa irasa ews website Organisation Ltd. hakthi hakthi ews st wwwcaitalaharaaco http:// Operated under newsrstlk Operated under MTV Channel MBC Networks (Pvt) Ltd. (Pvt) Ltd

EAP Holdings hree Swarnawahini Cinema network: wwweaholdinslk ils and an heatres t Ltd.

Asian Broadcasting iru iru ews website Corporation (Pvt) Ltd. un iru ews wwwasiabroadcastinlk oorian wwwhirunewslk old haa

Power House (Pvt) Ltd. erana erana ews website and also oerates news alert serice cable news channel da erana naed da erana http://www.adaderana.lk

s the ankan edia arket eoles and edia coanies that do not hae an other audience references chane soe saller business interests and therefore ust rel coanies are strulin to reain in wholl on subscrition andor adertisin business his is a articular challene for reenue oe saller newsaers and

62 Rebuilding Public Trust broadcast stations hae seen their ownershi roies who a be fail ebers or close chane hands in recent ears in a rocess of condantes or eale at least e arket consolidation ie bouht b larer Members of Parliament in the last Parliament edia coanies s noted aboe there are were connected to riate no foral leal liitations on this newsaer ublishin coanies sith had a siblin who owned a roinent lso as edia rihts actiists hae broadcast coan with seeral radio and docuented suorters of the aaaksa channels reie were known to acuire critical edia houses shortl after which the editorial ri anka currentl does not hae an content of such outlets was noticeabl restrictions on oliticians or their failies chaned ie uted of an criticis either ownin or bein closel linked to edia coanies n fact ore oliticians here is no leal reuireent to ublicl are asirin to own edia houses while disclose naes of edia coan owners some media owners have hinted at their own board ebers andor shareholders if an olitical abitions of a edia coan s entioned in the coan reulator onl reuires basic disclosures in andator lins known as annual returns n ndia in contrast the eistrar of ewsaers of the oernent reuires eer co of eer newsaer to carr the naes of the rinter ublisher owner and editor and the lace of its rintin and ublication ore detailed notice has to be ublished in the rst issue eer ear after the last da of ebruar)

oe oliticians are known to own ke edia houses either directl or throuh

70 aaaksa and the edia 71 httrninicincenrule 72 Parliament of Sri Lanka oeone has to undo the asp has a total of ebers daae ail irror http://www.parliament. ec httwww lkenebersof dailirrorlk arliaentdirectorof raaaksaandedia members soeoneelsehastoundo thedaae

Rebuilding Public Trust 63 esearchers and ciil societ rous Recommendations should eand their edia onitorin work to o beond content analsis he oernent should launch an and ethical considerations of editorial inclusie ulti stakeholder discussion ractice to also include the ublic to deterine the laws and olicies trackin of olitical aliations and the needed to foster enuine luralis nonedia business interests of edia and diersit of edia in ri anka owners edia adocac rous and his should be done ore as a edia researchers should deelo a atter of increasin the deocratic sste of lacin this inforation counicatie ower in an inclusie online on a dedicated website or blo ublic shere rather than erel roidin for consuer choice and arket coetition

he oernent should adot a new reulation that akes it andator for all edia ownershi details to be oen transarent and reularl disclosed to the ublic or eale in ndia it is a leal reuireent for all edia coanies to ublish ownershi and rincial shareholder details on a reular basis ntil this haens the edia industr can increase its own ublic accountabilit b oluntaril disclosin ownershi details on an annual basis

arliaent should adot a law to liit the concentration of edia ownershi as well as crossownershi of edia ie one coan or rou ownin ultile rint radio and online media in the same market).

64 Rebuilding Public Trust State ensures 2 02 compliance with measures to promote pluralist media

here is no law or reulation that secicall rootes edia luralis Recommendation in ri anka reailin ownershi T he oernent should launch an structures do not full accoodate infored uninhibited and inclusie inclusie ulti stakeholder discussion discussion in the edia to deterine the olicies needed to foster enuine luralis and diersit ncreasinl riate ownershi of the edia of edia in ri anka his should be has not necessaril nurtured indeendent done ore as a atter of increasin the edia in the broadcast sector deocratic counicatie ower in an inclusie ublic shere rather than recent book Embattled Media: Democracy, erel roidin for consuer choice Governance and Reform in Sri Lanka notes how and arket coetition the riate broadcast coanies are owned b eole whose wider business networks who are ulnerable to state and coercial ressures and who are not focused on serin the ublic interest eiewin the olitical econo of the broadcast edia the book has called for a fresh look at the entire edia ownershi fraework to encourae ore diersit of ideas and oices

73 battled edia eocrac oernance and efor in ri anka ae ublications eb htt wwwsaeubinbooks ooksitedsaein diarodesan battledediafs

Rebuilding Public Trust State actively 2 03 promotes a diverse mix of public, private and community media

n ri anka the state does not actiel promote a diverse media mix. BA DIVERSE I he riate sector articiation in MIX OF broadcastin has been oen onl to business condantes of arious rulin arties that PUBLIC, hae been in oce since t is not allowed on an oen or coetitie basis PRIVATE here is no counit broadcastin in either radio or teleision as no licences hae AND been issued to an counit rous or COMMUNITY nonrot oranisations t is siler to start a eriodical rint MEDIA ublication in ri anka as there are no startu fees or other restrictions on new rint titles lare nuber of newsaer and aaine titles can be found in ri anka but an strule with robles of coercial iabilit

he law does not roide for an leal reconition of counit edia althouh international standards reuire counit broadcastin to be elicitl reconied as a distinct for of broadcastin

ounit radio which is within the caacit of ost rural counities would be able to sere as a catalst in local

66 Rebuilding Public Trust for counication needs of the arinalised seents such as the ail seakin estate he riht to freedo of oinion workers farin counities in distant and eression includes the settleents etc aus counit freedo for inorit and radio serices could be nurture closer ecluded rous to ie receie links between uniersities and their and transmit information. neihbourhood counities ounitbased edia are efectie was to accolish that and it is the dut of oernents to assist and suort the in Recommendations doin so and to ensure euitable access he oernent and edia - Frank La Rue, former UN industr should collectiel ake a Special Rapporteur on the fundaental coitent to increasin promotion and protection of the content diersit in the edia right to freedom of opinion and easured not in ters of the ultitude expression, in 2010 of edia outlets but rather in ters of reater inclusiit and reresentation httwwwohchror of the fullest rane of social olitical enlishbodieshrcouncil and culture iewoints within eistin docssession edia outlets on other thins pdf such content diersit can be rooted b the roosed s coissionin indeendent content roducers to create niche edia roducts that are unlikel to be roduced b entirel deeloent encourain efectieness market driven media. and transarenc of local adinistration ounit radio will be a suitable solution he leislation alicable to broadcastin should be forulated to include rules rootin diersit of ownershi as well as edia content he law should suest aon other easures a wa to roote ownershi diersit throuh broadcast licensin

Rebuilding Public Trust Independent 2 04 and transparent regulatory system

roadcastin uses the electroanetic here are no clear rules or an indeendent sectru a ublic resource t is also reulator echanis he broadcast Ba nite resource there is onl so uch licensin rocess reains undened oaue of the sectru aailable for broadcastin and discretionar on the art of the inister and other uses such as telecounications and ocials in chare of edia eerenc counications and ilitar uses nd because it is a scarce resource it is aluable here are no ublished uidelines or criteria n their absence there is no leal roision to en thouh the adotion of diital suort ublic serice edia or counit broadcastin standards will increase the edia throuh licensin icence issuin nuber of radio and teleision channels ractices so far do not indicate an such feasible within the sectru it still will interest on the part of the state. not create an innite sul t is therefore reasonable for the tate as the custodian ee also section of the sectru to lace obliations on broadcasters who use that resource and to ensure a fair distribution of access to it n reulator echanis has to rioritise the ublic interest oer other interests

ri ankas broadcast reulator sste at the moment is neither independent nor transparent.

he broadcast sector which was a state onool for decades was nall oened u for riate sector articiation in oweer this decision was not accoanied b an secic laws or reulations it has been an ad hoc rocess eer since

68 Rebuilding Public Trust B O X 06 An independent broadcast regulator: False start in 1997 n arch the then oernent be indeendent of oernent he Iof President Chandrika Bandaranaike bod a be the one which anaes uaratuna roosed a ri anka ublic broadcastin or a searate roadcastin uthorit ill that souht authorit oweer a sinle authorit to establish a reulator authorit for with urisdiction oer ublic and riate the countrs broadcast edia he new broadcastin is recoended because entit was to reulate the establishent it facilitates the deeloent and and aintenance of broadcastin stations ileentation of broadcastin olic and to roide for the issue of broadcast includin a coordinated strate to ensure licenses that luralis is achieed in broadcastin as a whole he indeendent licensin docac rous etitioned uree bod should also hae resonsibilit for ourt aainst the ill riaril on the the allocation of freuencies and other basis that it roosed diferent reulator technical asects of broadcastin reies with reard to eected standards of erforance and accountabilit for the n this landark udeent uree state broadcasters on the one hand and ourt also underlined the need for edia nonstate broadcasters on the other he luralis f the fundaental rihts of arued this was discriinator treatent freedo of thouht and eression are which in order to be constitutional to be fostered there ust be an adeuate needed a rational basis. coerae of ublic issues and an ale la for the free and fair coetition he ourt found that there was none of oosin iews he iosition of and thus ruled aainst the ill n this conditions on licenses to ensure that case forall known as thukorale and these criteria should be obsered do not others ttorne eneral of ri anka transress the riht of freedo of seech the uree ourt went on to consider but the rather adance it b iin the constitutionalit of the roosed listeners and iewers the oortunit reulator authorit of considerin diferent oints of iew of thinkin for theseles and akin oldin that reulator authorities ust ersonal choices confor to standards of indeendence and iartialit it uoted fro Source: httwwwarticleor s ublication roadcastin reedo resourceshresourceensri nternational tandards and uidelines lankaathukoraleandothersattorne he bod that allocates licenses ust eneralofsrilanka

Rebuilding Public Trust 69 B O Spectrum as a Scarce X 07 Public Property

n a landark udent the Iuree ourt of ndia held that the airwaes or freuencies in the electro anetic sectru are a ublic roert hus their use had to be controlled and reulated b a ublic authorit in the interests of the ublic and to reent Recommendation the inasion of their rihts ince the broadcast edia inoles the use of the he oernent should take urent airwaes this factor creates an inbuilt steps to establish an Independent restriction on its use as in the case of an reulator bod to reulate the other ublic roert broadcastin sector in the ublic interest he reulator bod should he disute arose between the inistr be accountable to the ublic and of nforation and roadcastin of ndia be indeendent fro olitical and and the ricket ssociation of enal business interests his reulator oer whether or not the cricket should take urent stes to strealine oranisation had the riht to rant the broadcast licensin rocess to eclusie telecast rihts to a riate ake it oen coetitie fair and aenc rather than to oordarshan accountable he entire rocess should be anaed b the indeendent he ankan uree ourt in reulator with clear roisions the roadcastin uthorities ill allowin ublic scrutin and coent deterination in suaried the he discretionar and ad hoc rocess leal osition as follows he bod that followed since should be allocates broadcast licenses ust be discontinued as soon as ossible and indeendent of oernent he ultiate standardised licensin conditions uarantor that the liited airwaes should be iosed retroactiel on all freuencies shall be utilied for the benet eistin broadcast licensees of the ublic is the tate his does not ean that the reulation and control of airwaesfreuencies should be laced in the hands of a oernent in oce for the tie bein he airwaesfreuencies as we hae seen are uniersall rearded as ublic roert n this area a oernent is a trustee for the ublic

Sources: httwwwibnicin riteeadatadocuents .htm

httswwwcolobotelerahco indehsurrenderinairwaesand Rebuildingliberttoneotis Public Trust State and 2 05 CSOs actively promote development of community media

ccordin to counit s oweer ost hae not been edia are characteried b their adocates of counit edia as accountabilit to the counities the lack understandin on rassroots the sere he eere as a result of counications oular oeents that strie to attain an iortant sace in citien articiation and deand the riht to own and oerate free fro olitical or coercial Sri Lanka has No Real interference Community Radio!

ounit edia is one that is oerated oweer counit radio in the counit for the counit in ri anka is in fact not trul about the counit and b the counit radio in that the counit uch a counit a be stations are administered and eorahical a townshi illae district run b the oernent and not or island t a also be a rou of eole the counit he oernent with coon interests not necessaril also eerts control oer content liin in one dened territor no criticis of the oernent is allowed keein counit radio n articular counit radio can la a articiall nonolitical aor role in contributin to luralis and A Study of Media in Sri Lanka diersit in a societ t hels creates an (excluding the North and East) inclusie ublic shere throuh which the ril eort b the articiation of arinalised counities entre for olic lternaties can be nurtured and nternational edia uort httwwwcalankaora ri anka has thousands of sall studofediainsrilanka counit based oranisations ecludinnorthandeast s located in all arts of the countr as well as seeral networks of

74 httwwwunescoor newencounication andinforationedia deeloentcounit media/

Rebuilding Public Trust B O X 08 Guiding principles of n contrast soe s in other deeloin sian countries such as anladesh ndia community radio ndonesia eal and the hiliines oerate counit radio stations a enuine counit stations should be few hae also entured into counit ditoriall indeendent and teleision uch inoleent is encouraed elicitl constituted as notfor b their broadcast reulator fraeworks rot esined to sere the needs of It is important to note that there are no secic counities either enuine counit broadcasters in ri eorahicallbased ones or anka ounit radio has been a counities of interest colete isnoer ee o for details ae anaeent structures that are reresentatie of the counities esite ciil societ adocac for ears the station is desined to sere successie oernents hae not roosed roide rorain that is releant an leal fraework for licensin and to the counit bein sered suortin counit broadcasters lications fro soe uniersities and wellestablished ciil societ oranisations to set u counit radio serices hae so far been unsuccessful

n recent ears soe citien rous hae taken adantae of broadband nternets countrwide rollout to launch entirel web based radio serices ales adio alutara httwww radiokalutaraco oerated b a few enthusiasts enasala adio httwww

Rebuilding Public Trust nenasalaradiolk oerated b the binawaraa eeloent Recommendations oundation in sweddua uruneala and corehensie sste for licensin aus adio httwww counit owned and oerated causradiolk oerated b students broadcasters should be ut in lace of the olobo niersits rialee oerseen b an indeendent reulator aus bod ke ai of this should be to roote diersit and inclusieness in nlike the sectru the web has no scarcit the broadcastin sector o this end the of sace s such aruents in faour of sste should include clear denitions reulatin broadcastin in the conentional of what ualies as a counit sense do not al to webbased radio broadcaster secic rules on the licensin of counit broadcasters which inole sile alication rocesses that are rocessed either free or at a low cost ll licensin rocesses should be based on clear criteria and rules set out in adance and should be oen and allow for ublic articiation

rane of broadcast freuencies should be resered in the freuenc lan for low ower counit broadcastin thus aiisin the use of freuencies at diferent locations and reentin interferences fro hih ower broadcast transissions Launching Campus Radio by SriPalee Campus of University of Colombo

Rebuilding Public Trust B O X 09Community Radio in Sri Lanka: Myth and Reality

n the full state owned ri anka aor aw in both and was that Iroadcastin ororation initiated the were not trul rooted in counities these the ahaweli ounit adio were sil rural transissions of the state t was desined to roide counication broadcaster s ournalist alaka unawardene suort for tens of thousands of failies bein wrote in isteners hae no sa in runnin resettled under the assie ahaweli ier the stations these are anaed b a tiht iersion rorae bureaucrac in olobo whose riid uidelines control content strictl no olitics and nothin rawin on eerience in other countries reotel aainst the oernent in oce founders deised articiator strateies lthouh touted as such is not counit to inole beneciar counities ith radio which is suosed to roote access international suort fro the ublic articiation in roduction and decision anish oernent and other sources local akin and listenernancin where each radio stations were set u in iradurukotte listener contributes a sall aount towards the othale and ahailuallaa and an runnin of the radio station twowa broadcastin actiities were undertaken n addition to content roduction n broadcasters ilak aaratne and the rocess also trained an broadcasters on arath ellaotha wrote ne could arue articiator radio ethodoloies that if the eole were to own the edia it could roide a base a latfor for stabilisin esite these accolishents failed deocratic rihts throuh edia interentions to ain lastin suort within and the ounit radio could hae roided such a roect ran into oerational diculties after sace adl counit radios in ri anka do international fundin ended in s forer not belon to the counit but to the state broadcaster and edia researcher the classic iolator of deocratic rihts aid later docuented s odel was not oular within that had historicall hus enuine counit radio reains an disseinated oernent inforation to the asiration in ri anka efors that introduce eole in onewa counication a true deocratisation of the airwaes could one da ake it a realit n and suorted the a roincial ouncil to set u a ounit Sources: adio in andarawela in the adulla hater on ahaweli ounit adio b district one of ri ankas ost underdeeloed aid in assion for adio d districts t was aied at usin lowcost ruce irard httcounicaor diital radio roduction technolo to enable assioncontentsht counities to roduce their own edia content escrition of a ounit adio s art of this strate oun counicators he ounications nitiatie and close to counit olunteers were httwwwcoinitcolobalcontent trained in counit broadcastin and uacounitradio articiator rorae roduction adio sufers as olobo bosses call the shots anos eatures ondon ctober oth and faced serious challenes httanosorukfeaturesradio of sustainabilit erreliance on forein sufersascolobobossescalltheshots assistance was a istake resources were he olitical cono of lectronic edia later taken oer b and the serices in ri anka ilak aaratne and arath discontinuedRebuilding Public Trust ellaotha httoolua State plan for 2 06 spectrum allocation ensures optimal use for the public interest

he sectru is a scarce ublic resource that needs to be anaed well to CLICENSING Tensure ecient and euitable access for the diferent serices AND ectru use has becoe ore SPECTRUM cole due to the rowin nuber of alications ALLOCATION ertheair broadcastin which started in the s oernent and research uses which include defense ublic safet aritie air olice resource anaeent transort and radio astrono oercial counications serices to the ublic oice data hoe networkin and ndustrial scientic and edical serices which include eleedicine and reote control serices roadcast licensin is an efectie wa of achiein diersit his factor needs ectru anaeent is the rocess of to be taken into account when licensin reulatin the use of radio freuencies to broadcast outlets t is also iortant not roote ecient use and ain a net social onl to ensure the euitable allocation of benet he ter sectru ticall licences between the diferent tes of refers to the freuenc rane fro k broadcasters but also a sucient allocation to that a be used for wireless of freuencies to broadcastin in the rst counications he urose of sectru lace as coared to coetin uses anaeent is to itiate radio sectru articularl telecounications ollution and to aiie benet of

Rebuilding Public Trust usable radio sectru he state is onl the fro the teleco industr reulator custodian of the sectru which it needs to is andated to anae and control anae in a transarent anner

ien the diferent sectors and users coetin for the nite sectru a national n ri anka edia licensees freuenc allocation lan is used b hae no ters or conditions the to allocate freuencies to diferent serices can rett uch do whateer the lease ur radio freuenc reuenc assinent is the identication sectru has been rossl of suitable radio freuencies or channels for isanaed and we hae now secic uses in accordance with sectru run out of freuencies e know enineerin rinciles national reulator er well how freuencies were olicies and international standards assined

his has not been done roerl in ri anka here are wellestablished ro the tie artial broadcast liberaliation ethodoloies for otiall started in the earl s freuencies anain this ublic resource he hae been handed oer to indiiduals and best wa is to auction freuencies coanies without an due rocess which is what roose for ri anka t ies all interested arties s a result the nite sectru is now the chance to bid and it accrues crowded in certain seents e the one to the oernent radio band n soe cases freuencies are also bein ket resered b certain - Dr Rohan Samarajiva, inuential arties Former Director General, TRCSL (1998-99); and on receiin the licence fro edia Founder Chair, LIRNEasia inistr all radio and broadcasters in ri anka need to et their freuenc allocation

Rebuilding Public Trust the use of the freuenc sectru and he ublic does not know how it atters relatin to the stationar satellite oerates there is no transarenc his has orbit has the ower where it dees to chane e need an oen and accountable necessar to withdraw or susend its use sectru anaeent sste lso once we or rohibit an such use of freuencies It switch fro analoue to diital broadcastin deries leal authorit fro the ri anka there will be oortunit for ore arties elecounications ct o of includin uniersities and ciic rous to also al and receie freuencies for niche has ublished uidelines on channels freuenc reseration allocation onitorin and annual renewal nce a edia n the ediu to lon ters howeer coan has been issued with a broadcast the scarcit of sectru rationale for licence would assess its technical oernent reulation is increasinl reuireents and allocate freuencies fro less releant sas r ohan aaraia seents that are still aailable he edia e arues ri anka should oe coan would then be asked to a a eeditiousl to diital broadcastin freuenc fee which is an annual aent t should reconie that increasinl that aries based on the kind of freuencies broadcastin will be relaced b fors of souht and the intended transitter ower narrowcastin oer nonscarce sectru and the nternet and that current audience ublishes on its website the areation oeration will increasinl shift freuenc allocations with technical to those modes or will die.” secications his rocess b itself does not ensure the sectru is otiised for the nne lists all entities that hae been ublic interest issued with broadcast licenses in ri anka

rof haika ananath issanaake a forer chairan of both uaahini and ri anka sas ur radio freuenc sectru is currentl anaed b the

75 httwwwtrcolk 76 httwwwcoonlii 78 reuenc 79 httwwwtrcolk sectruanaeent orlkleisnuact reseration fees aetted freuencassinents sectruanaeentin sltao on oeber html srilankahtl under the ri anka 77 httwwwtrcolk elecounications ct freuenclicensinhtl o of htt wwwtrcolkiaes storiessectruaette pdf

Rebuilding Public Trust State plan for 2 07 spectrum allocation promotes diversity of ownership and content

he nternational elecounications Recommendations nion a secialied aenc of the nited ations has established here should be a clear and transarent T a lobal fraework for the otial use lannin rocess for the eneral of the sectru t sets standards for the allocation of the sectru and anaeent of sectru allocation and then secic licensin rocesses in anaes the lobal sste of allocation accordance with that lan to actuall ational lans should follow rules to allocate it he roosed indeendent ensure otial use of the sectru for the broadcast reulator should closel countr coordinate with the oernent on how broadcastin freuencies are he website sas takes into allocated so as to ensure an euitable account the chanin needs of societ and allocation of those freuencies between secure oortunities that atch eistin ublic serice coercial and deands with new alications throuh counit broadcasters innoatie uses of technolo when forulatin the sectru lans80 he udatin of the freuenc sectru lan should be an oen s a technical aenc of the state consultatie rocess allowin for inut ais to assin freuencies in an ecient b ciil societ and other interested and efectie anner b eloin a state stakeholders he lan which eeres of the art sectru anaeent tools fro this rocess should include that utilise internationall reconised indicatie suballocations of freuenc roaation criteria and terrain data base as blocks such as the sectru well as other administrative databases”.81 aon diferent tes of broadcasters hese suballocations should suort oweer the aboe suests a urel the oal of rootin diersit in technical aroach it does not take the broadcastin he sste should be broader iew of usin the coon roert carefull desined to work in tande resource of the sectru for nurturin edia with the counit broadcastin licensin sste described aboe 80 httwwwtrcolk 81 reuenc sectrulanninhtl assinent rocedure httwwwtrcolk freuencassinents html

Rebuilding Public Trust luralis or an inclusie inforation societ uch uidance needs to coe fro an Recommendations oerarchin olic on this which has not et been ut in lace in ri anka he udatin of the freuenc sectru lan should be an oen he assinent of freuencies for and consultatie rocess allowin for inut radio broadcastin in ri anka as at b ciil societ and other interested a has been ublished on the stakeholders he lan which eeres website.82 fro this rocess should include indicatie suballocations of freuenc chares an annual fee fro licensees blocks such as the sectru for freuenc use he current rates were aon diferent tes of broadcasters aetted on oeber and cae into hese suballocations should suort efect fro oeber reiew of the oal of rootin diersit in these fees shows no diferentiation between broadcastin he sste should be coercial and noncoercial users of carefull desined to suort the freuencies here are no concessionar oals of the counit broadcastin rates for eale for ublic serice licensin sste described aboe broadcasters or counit broadcasters83 he ublic resource of the electroanetic sectru should be anaed ecientl in the ublic interest for broadcastin and telecounications he should throuh a consultatie rocess with all interested stakeholders and in keein with international best ractice deelo a clear ision and national lan for the otiu use of the electroanetic sectru

he oernent should roote dierse 82 httwwwtrcolk 83 httsectrutrco ownershi tes in the broadcastin freuencassinentsin lkroadcastin soundfandteleision downloadaettedf sector throuh the introduction of a three tbroadcastininsri tier sste of broadcast ownershi i lanka.html riatel owed coercial broadcastin editoriall indeendent ublic serice broadcastin and indeendent counit broadcastin

Rebuilding Public Trust Independent 2 08 and transparent regulatory system

here is no roer sste for issuin ct o of he ct denes broadcast licences let alone it bein telecounication serices broadl Tindependent and transparent. as those that cone essaes usin roadcast licensin to date has been inconsistent and not roerl docuented t has also coletel lacked transarenc n order to uarantee the eistence ince three laws hae been used in of a wide rane of indeendent broadcast licensin for radio and teleision and autonoous edia in the broadcastin sector it is essential ri anka roadcastin ororation to roide for adeuate and ct o of hile it was enacted roortionate reulation of that rinciall for transforin the then sector his will sere to uarantee eartent of roadcastin into a state the freedom of the media while at owned broadcastin cororation the ct the sae tie ensurin a balance also eowers in ection the inister between that freedom and other in chare of edia to issue licences for the leitiate rihts and interests establishment of ‘private stations’. erhas ost iortantl in order to resere broadcastin ri anka uaahini ororation as art of the deocratic rocess ct o of his ost coers oernents should ai to the descrition and reulation of the create indeendent reulators national teleision broadcaster but also for broadcastin en in er contains soe rules ections and sall urisdictions where the onl coerin the licensin and reulation broadcaster is tate funded and of all other ublic and riate teleision budets are liited reulation broadcast stations which is indeendent of the tate is ital to resere the riht to elecounications ct o of freedo of seech and elecounications endent - Guidelines for Broadcasting Regulation, By UNESCO & Commonwealth Broadcasting Association (CBA), 2006 httotunesco ciortraininresource lroductionuidelines broadcastinreulation

80 Rebuilding Public Trust an sinal or cobination of sinals for eal analsts ishali intoaawardena the broadcastin of usic conersations and ehan unetilleke wrote in seeches lectures stae erforances oreoer ection which confers writin facsiiles iaes ictures or extensive powers on the Minister to make for actuation or control of achiner or reulations oernin the functionin aaratus of such stations both in ters of their coosition and the nature of roraes one of these laws hae been fraed to has also been seerel criticised as address a luralistic edia sector lso as facilitatin ecessie state control oer the one researcher has noted in a case stud edia ence interest rous hae actiel of a aor disute oer broadcastin the ursued the establishent of an indeendent at case there is er little secic broadcastin authorit to reulate the reference in either ct or eleco rantin of licences to riate broadcasters ct to the diferent broadcast technoloies thereb ensurin that the ri ankan edia and the secications for which licences enos rocedural as well as substantie each kind of broadcaster ust obtain in freedo fro state control86 order to create and run a station in abidance with the law.”84 awer turned actiist eliauna a forer eecutie director of ransarenc his status uo oses robles for nternational ri anka once described freedom of expression and media broadcast freuenc allocation in ri luralis s a edia sector assessent anka as a for of rand orrution in noted he discretionar n a oernance analsis of freuenc broadcast licensin sste has allocation and sorts rihts in ri coletel lacked transarenc anka he sinled out the case of arlton accountabilit and consistenc s a orts etwork a riatel owned conseuence of this soe editorial channel that coenced oerations ositionin risks to becoe dictated b on arch he channel was owned the business and olitical riorities of b forer resident aaaksas second media owners and editors.” son and business associates eliauna

84 n nestiation into 85 runnet enrik ebbe 86 eal ndustr and the losure of at akoob ar eiss as ducational efors and lications for ri ssessent of the need for ertainin to the rint ankan roadcast edia a adio and ournalist edia aer b ishali uha eanesan trainin unit in ri anka intoaawardena ehan httwwwcalanka he ri anka ress nstitute unetilleke edia efor orninestiationinto ril Sri Lanka website. theclosureofcbnsatand httoolwbu ilicationsforsrilankan broadcastedia

Rebuilding Public Trust 81 has shown how was riileed not onl in bein ien a broadcast license and Recommendation freuenc allocation but also bein chosen without coetitie biddin b ri anka ll licensin rocesses and freuenc ricket the oernin bod of the sort allocation should be based on clear to hae eclusie broadcast rihts for all criteria and rules set out in adance international cricket atches inolin ri and should be oen and allow for ankas national tea for three ears ublic articiation

87 https://www. colobotelerahco indehsurrenderin airwaesandlibertto nepotism/

82 Rebuilding Public Trust Table 1: Overview of Media Regulatory Framework in Sri Lanka

Relevant legislation Arrange/Covers Regulatory Body Assigned Rights

ational edia olic alies to inistr of Media/Content/ olic the media and Media roadcast rihts broadcastin

Sri Lanka eislation elecounications ectru elecounications applies to the eulator rihts ct o of establishment and Commission of Sri as amended operation of radio anka b ct o of freuenc 1996 transmitters and broadcastin

Sri Lanka Laws and inistr of Contents/ roadcastin reulations Media roadcast rihts Corporation are currentl ct o of to reulate ri anka uaahini broadcastin Corporation content ct o of

dated fro oada for the ransition fro naloue to iital errestrial eleision roadcastin in ri anka

Rebuilding Public Trust 83 Stakeholder comments

hen ou take radio and broadcastin are ublicl auctioned so that the hihest the countrs freuenc sectru is nite bidder can bu the ri anka needs a and it is a ublic roert reuencies do not roadcast uthorit for which we can belon to or broadcaster n iew consider and adat odels used in outh the state as custodian of this roert should frican and ndia onl lease or rent freuencies and neer ie - Saman Athaudahetti, Additional Secretary the for outriht ownershi on the (Media) to the Prime Minister of Sri Lanka eistin laws in ri anka the stronest is the elecounications ct e drafted a ublic n ri anka the state onool oer roadcastin ct and a iital roadcastin broadcastin has been relaced b an ct durin but these were not oliool where a arket or industr is adopted.” doinated b a sall nuber of laers - Charitha Herath, Former Secretary, his is not benecial to societ at lare oe Ministry of Media and Information (2012- of these laers are trin to kee the ublic 14) inorant and this is wh the new iht to nforation law is er iortant n ri ankas broadcast licensin has been iew we dont need a cateor called state haenin on an underthetable and hihl edia oethin like broadcast edia irreular basis which needs to be coletel licences hae been issues in ri anka todate oerhauled ook at ndia which has a but we onl hae state edia and riatel transarent sste of broadcast licensin owned edia he airwaes are a ublic ndias broadcast licences are not oen roert and there is een a court udeent ended like ri ankas but for a secied arin this ut no ublic interest rous eriod here are clearl dened conditions hae been able to access these airwaes of licence if these are iolated the licence his is er wron ndeendent ciil a be reoked at an tie n ri anka societ rous should also be able to obtain broadcast licences hae been ien on the broadcast licences and oerate channels basis of kinshi or friendshi or for olitical - Thilina Samarasooriya, Director – Training connections ow we hae alost run out of & Foreign Relations, Sri Lanka Broadcasting freuencies n soe countries freuencies Corporation (SLBC)

84 Rebuilding Public Trust State uses taxation 2 09 and business regulation to encourage media development in a non-discriminatory manner

ike other coercial entures edia coanies need business incororation DTAXATION Lwith the oernents reulator the eistrar of oanies he coliance AND rocess is as with an other coan lin an annual return alon with the audited BUSINESS annual accounts oe ciil societ rous are reistered as charities while others ot for REGULATION reistration with the eistrar of oanies as coanies liited b uarantee

edia coanies do not receie an industrsecic ta concessions here are no referential iort duties on newsrint rintin ink or broadcast euient oweer state owned edia houses soeties benet fro iort dut concessions e when euient is receied under as bilateral aid arraneents

or ears edia coanies hae been hihlihtin issues such as the hih cost of newsrint arious iort duties and other taes that afect edia oerations and econoic iabilit s the olobo eclaration on edia reedo and ocial esonsibilit noted newsrint at the tie accounted for of the total cost of roducin a newsaer in ri anka in coarison to in estern countries88

88 s noted in the olobo eclaration on edia reedo and ocial esonsibilit section httwww ccsllksitesdefault lesolobo eclaration nlishdf

Rebuilding Public Trust here is no consensus howeer on whether worr that it iht be another wa for there should be secial treatent such oernents to eert inuence on edia as dut concessions for the edia oe heir osition is edia should be treated the sae as eer other industr no secial concessions and no secial burdens

n recent ears oernents hae iosed he ri anka oernent soe leies and taes secic to edia and ioses taes on forein oies or teleco industries causin uch concern roras and coercials to be shown on teleision eeral broadcasters were adersel afected ranin fro s b a controersial and discriinator aroiatel iort dut introduced in on iorted for an iorted nlish teleision content eendin on where the lanuae oie to s content oriinated fro an iort dut had aroiatel er half hour to be aid to the oernent for broadcastin of a foreinlanuae rora it locall thus akin their iortation and dubbed in the local lanuae use coerciall uniable as broadcasters inhala orein teleision could not recoer the added cost fro coercials are taed at s adertisin durin such broadcasts aroiatel er ear ates for nonnlish forein his rotectionist ta tareted both nlish rorain are hiher lanuae content coin fro the est as - US Trade Representative (USTR) well as indi and ail lanuae content National Trade Estimate Report oriinatin fro ndia t not onl reduced on Sri Lanka, 2013 httsustr content diersit aailable to ri ankas ositesdefaultles ulticultural audience but also led to riankainaldf the loss of doens of obs as soe saller channels were forced to downscale operations.89

89 ri anka industr hit b enal ta tor b anka usiness nline on ul now archied at: https://shaqmark. wordressco srilankatindustrhitb enalta

86 Rebuilding Public Trust his le was discontinued b the new oernent in urin nearl a decade it was in force accordin to one industr leader it would hae accuulated around billion with the state hese funds were oriinall eant to benet the local teleision content roduction industr but there is no accountabilit on its use Recommendation

he oernent should not iose taes or leies secic to an industr or a technolo e taretin onl obile hones or cable teleision which can be discriinator aainst secic technoloies coanies and their consuers

Rebuilding Public Trust State does 2 10 not discriminate through advertising policy

dvertising is the largest and most important source of revenue for print ADVERTISINGE Aand broadcast media in Sri Lanka. Media industry watcher Nielsen Sri Lanka estimated Sri Lanka’s total advertising spend on the media to be approximately LKR 77 billion in 2014 (USD 520 million at April 2016 exchange rate).90

The state – covering government departments, state corporations, state owned businesses, the judicial system and the armed forces – has long been, and still remains, the largest single advertiser. One industry source placed the proportion of state advertising as 30% of the total, but this ure aries fro ear to ear

The state does discriminate in how its adertisin atronae is ien to diferent media houses. The state-owned print and broadcast houses historically receive an assured chunk of state advertising, irrespective of their circulation or audience ratings.

A bigger concern is how successive governments have used state advertising as a leer of inuence oer riatel

90 This is based on ‘rack rates’ for above-the-line media only. According to an industry leader, in reality the advertising industry (print, radio and TV) is around LKR 30 billion. Digital advertising in 2014 was worth around LKR 1 billion, but this amount is steadily increasing. 88 Rebuilding Public Trust owned edia he threat of cuttin of state Sri Lanka: Total ad spend of LKR 77b in 2014 advertising is always present, even though it (mostly in mainstream media) has been exercised only occasionally. 80 6 As Rasika Manobuddhi, Arjuna Ranawana Billions and Kshama Ranawana noted in a critique 70 6 16 in 2014, “In the case of the ‘private’ 7 media there seems no choice but to co- 60 15 exist with the government. The state 5 13 55 controls nearly 70% of the economy and 50 5 12 is the single biggest advertiser. There 49 10 45 are no laws – such as in India -- which 40 regulate the government advertising 4 40 8 36 which ensures a fair distribution based 30 5 on circulation figures. Arm-twisting the 7 27 private media is a common occurrence 4 20 and has been the practice for many 6 21 decades. Any private media outlet which 16 runs afoul of the government will have 10 state advertisements (which makes up an 0 important part of the company’s revenues) 2007 2008 2009 2010 2011 2012 2013 2014 pulled, and thus causing a catastrophic Year effect on its survival. All major business Print Radio TV conglomerates in the country have no Source: Nielsen option but to work with the government. Based on monitored activities & rate card cost There have been instances when large scale businesses have been pressured to pull out advertising from media organisations that have been critical of the government.”91

91 ri ankas edia e years after the end of war. By Rasika Manobuddhi, Arjuna Ranawana and Kshama Ranawana. Groundviews.org 13 May 2014. http://groundviews. org/2014/05/13/sri- lankasediaeears after-the-end-of-war/

Rebuilding Public Trust 89 B O Restricting Newspaper X 10 Advertisements by Government Institutions

he interim budget presented in TParliament by the Minister of Finance on 29 January 2015 contained the Using public funds of state agencies to following: promote politicians and political projects reached unprecedented heights under 9.43 The publication of newspapers the previous government. Shortly after advertisements by government being elected in January 2015, President institutions based on political rhetoric Maithripala Sirisena directed state seems to be excessive in many instances. institutions not to continue this practice. It appears that many advertisements so publicized with a political background are only creating a burden to the Recommendations government expenditure. 9.44 Hence, I propose that all Ministries The provision of state advertising and departments should immediately should be regularised through a set of stop the publication of political guidelines which allocate advertising advertisements in newspapers, except based on objective criteria, such as in secic situations where the can reaching the intended audience, and publish with the approval of the that apply to all state agencies and state Secretary to the relevant line Ministry. owned companies. Such guidelines 9.45 I also propose that all the Chairmen are needed to eliminate the current and Board of Directors of the public discriminatory practices in state institutions not only should refrain advertising patronage and ensure state from publishing such newspaper sector advertising is given to media advertisements with political houses on a fair and objective basis. rhetoric but also they will be held personally responsible for any cost on The Media Ministry should introduce unauthorized advertisements, which legal restrictions and penalties against will have to be borne by them in the the use of state and public sector event they had approved same. advertising and other state resources to inuence threaten or reward edia 9.46 The restriction of politician based outlets. pictures and material appearing in Calendars, diaries etc also will be applicable in the future pertaining to such material printed and published by public institutions.

Source: http://www.treasury.gov.lk/ images/depts/fpd/docs/ budgetspeech/2015-jan29/ InterimBudget2015-20150129-eng.pdf (page 39) 90 Rebuilding Public Trust ective 2 11 regulation governing advertising in the media

o be efectie adertisin ust eno advertising can – and does – manipulate the a high level of consumer trust and public on some occasions. Tcondence it ust be leal decent honest and truthful. If consumers are misled or the oent there are a few secic by advertising, they will not buy such laws or regulations in relation to advertising roducts or serices aain if it ofends the concernin secic oods or serices the will not bu in the rst lace Examples:

Bad advertising, even though it may account he National Authority on Tobacco for only a small percentage of the whole, can and Alcohol Act No 27 of 2006 placed raduall underine consuer condence a complete ban on promotions and and all adertisin can sufer o it is in the advertisements of alcohol and tobacco in interests of the advertising industry to ensure print and electronic media as well as in that advertising is properly regulated. public places.93

Traditionally, there have been two ways of he Food Act No 26 of 1980 has doing this: one is through laws passed by provisions saying, “No person shall label, governments, and the other is called self- package, treat, process, sell or advertise regulation.92 any food in a manner that is false, misleading, deceptive or likely to create In Sri Lanka, there is no comprehensive an erroneous impression, regarding its regulation governing the advertising character, value, quality , composition, industry as a whole. There is no advertising merit or safety.”94 standards authority, nor a self-regulation mechanism by the advertising industry. iilar restrictions are also in force There is also no code of conduct for in relation to pharmaceuticals, advertising in Sri Lanka. cosmetics and related devices under the Cosmetics, Devices and Drugs Act Consumer protection laws exist, but as No. 27 of 1980. These are enforced by their enforcement is weak and fragmented, designated state bodies, but the process

92 Why regulate advertising? 93 http://www.sundaytimes. 94 http://documents.gov.lk/ European Advertising lk/061203/FinancialTimes/ Acts/1980/Act%20No.26/ Standards Alliance (EASA): ft313.html Act26%28E%29-1980.pdf http://www.easa-alliance. org/page.aspx/165

Rebuilding Public Trust 91 B O X 11 Too Much Advertising?

edia outlets have to strike a Mhealthy balance between editorial content and advertising. Carrying too is inadequate due to capacity and much could drive consumers away, technical limitations. and too little could threaten nancial viability. nder the ontrol of esticides (Amendment) Act No 6 of 1994, media In the past, newspapers used to follow advertising of pesticides, weedicides a ratio of 60% editorial content and and other hazardous agrochemicals is 40% advertising in a given issue. But regulated. this is no longer strictly adhered to, and the matter is complicated by the he onsuer fairs uthorit ct steady rise of ‘advertorials’ – content No 9 of 2003 empowers the Consumer written b ublic relations rs that fairs uthorit to inestiate are carried without being marked as marketing and advertising that misleads promotional material. consumers.

In broadcast, audiences are increasingly en thouh it is not a law the ri weary of excessive advertising. In the Lanka Bureau of Foreign Employment United States, major networks used to (SLBFE)’s Code of Ethics for Licensed limit television commercials to a total Foreign Employment Agencies/ of 10 minutes per hour, but these limits Licensees (Nov 2013) has an entire have been breached. section on advertisements related to foreign employment vacancies. It spells In Sri Lanka, indiscriminate scheduling out the need for accuracy, clarity and of commercials regularly reduces the necessary level of detail for vacancy 95 content. Some channels have so many advertisements. commercial breaks that programmes appear to interrupt advertising! The use of children in media advertising Perhaps the worst transgression is has long been contentious, with child when a commercial overrides actual rights groups and others calling for playing time during a key cricket some restrictions. A study by research match. 95 http://www.ilo.org/ Media industry clearly needs to strike a wcmsp5/groups/public/- --asia/---ro-bangkok/--- better balance between advertising and ilo-colombo/documents/ content. publication/wcms_233369. pdf

92 Rebuilding Public Trust and advocacy group Centre for Policy advertisements were not allowed to scare Alternatives (CPA) in 2008 recommended people. Certain advertisements were not introducing strict advertising codes, with allowed to be broadcast around meal times. clear modes of redress and complaint if Rupavahini also developed its own TV transgressed. It also suggested setting up advertising code during its early years. There an arbitration body that advertisers and was also an understanding that private TV marketers can go to if they felt they are being channels had to emulate this advertising unfairly targeted for criticism.96 This has not code -- but it has long been forgotten.” been done. Mohan Samaranayake, a former Chairman The media has no common framework of the Rupavahini Corporation, highlighted or guidelines on the kind of advertising a problem faced by state broadcasters: “We to carry or decline to carry. Some media at Rupavahini tried to maintain certain houses have developed their own in-house quality standards in our programme content guidelines. For example, state broadcasters and even the advertisements we permit. SLBC and SLRC have their own codes But when we rejected some TV commercials covering advertising, but these norms are (considered sub-optimal), those advertisers not observed across the broadcast industry. went to private channels that readily In recent years, there has been a surge of carried them -- thus eroding Rupavahini’s advertising promoting astrology, sooth- revenue.” saying, faith healing and other para-normal activities that are not covered either by the Public complaints about advertising country’s consumer laws or any advertising codes. Sri Lanka does not have any public complaints mechanism concerning Senior broadcaster Newton Gunaratne, uestionable or ofensie adertisin whose last position was as Chairman of ITN cet for secic cateories coered b a Sri Lanka, recalls: “When I worked at SLBC, law (tobacco, alcohol, pharmaceuticals, etc.) there was a code of ethics for advertisements there is no recourse for a concerned citizen to known as the ‘Green Book’. For example, rotest a secic adertiseent

96 Children in Advertising in Sri Lanka – A Media Study. CPA, 2009. http://www.cpalanka. org/children-in-advertising- in-sri-lankaa-media-study/

Rebuilding Public Trust 93 “We don’t know how many copies are printed of each newspaper. Some don’t print even 5,000 copies but claim to be selling lakhs! This misleads the public. In other countries, there are independent bodies for auditing newspaper In the absence of statutory regulation and magazine circulation. Many and self-regulation, activists and years ago Sri Lanka had a system advocacy groups sometimes publicly like that and we must revive this react to adertisin caains or secic good tradition.” advertisements they feel are unethical or - Vijitha Yapa. Founder Editor, unacceptable. The Island, Sunday Island and The Sunday Times For example, the Alcohol and Drug Information Centre (ADIC), an advocacy “In my view, media profession in group, keeps monitoring soft promotion ri anka has died we are talkin and sponsorships by tobacco and alcohol about reviving a dead body! The companies, whose direct advertising has broadcast ratings company must been prohibited since 2006.97 be held responsible for all this. They are biased and work for More spontaneous consumer protests are self-gain. Broadcast ratings need also taking place. An example was the to be done by an independent, indignation voiced on social media in late professional group like a 2014 against a TV commercial for a biscuit university. Ratings methodology brand that suggested fair-skinned women needs to be transparent. And were ‘more appealing’ to men than dark- we need at least three such skinned ones he ofendin coercial companies.” was withdrawn within three days and the - Priyantha Kariyapperuma, company concerned apologised publicly.98 Advisor to Siyatha TV (private broadcaster) In the face of increasing societal concerns – some expressed through social media -- “Advertisers make their decisions marketing professionals and the advertising based on broadcast ratings. industry are recognising the need for self- We need better regulation of regulation. Some media commentators have the ratings system in Sri Lanka also echoed the same view.99 that often ranks low quality

programming as the most 97 http://www.adicsrilanka. 99 For example, see: popular.” org/2013/05/30/ Regulating Advertising, world-no-tobacco- Business Times, 10 - Rosmand Senaratne. Former day-2013-ban-tobacco- March 2013 http://www. Chairman, ITN Sri Lanka; advertising-promotion-and- sundaytimes.lk/130310/ sponsorship-press-release/ business-times/regulating- Former General Manager, advertising-35523.html Swarnavahini. 98 http://www. globalpressjournal.com/ asia/sri-lanka/responding- public-outrage-sri-lankan- biscuit 94 Rebuilding Public Trust The Accredited Advertising Agencies Association (4As) was founded with a Recommendations vision to foster a vibrant self-regulated industry. However, self-regulation by the The government, with the cooperation advertising industry would be tedious as of the advertising industry, should media advertising happens not only through set up an independent regulatory advertising agencies but also directly body to regulate advertising in the between individual advertisers and media public interest. This statutory system companies (this is especially the case with should have enforcement powers, the recent sure in classied adertisin in and set overall standards and ethical both newspapers and television). guidelines for advertising in all public media (called ‘above the line’ in the Given the failure so far by the advertising advertising industry) and other forms and media industries to agree on common of advertising and marketing (called standards and ethics, it is unclear whether an ‘below the line’). entirely voluntary self-regulatory mechanism would be sucient Until the statutory regulatory body is set up, the advertising industry should develop its own self-regulation system to become more responsible, sensitive and responsive to consumer protection and sentiments. The media houses, on their part, should adopt have reasonable limits to advertising content in proportionate to their overall content (air time or print space).

Rebuilding Public Trust 95 CATEGORY 2 Plurality and diversity of media, a level economic playing feld and transparency o onersip Collation of Recommendations

Indicator Relevant Recommendation

2.1 State takes 1. The government should launch an inclusive, multi positive stakeholder discussion to determine the laws and policies measures needed to foster genuine pluralism and diversity of media to promote in Sri Lanka. This should be done more as a matter of pluralist media increasing the democratic communicative power in an inclusive public sphere rather than merely providing for consumer choice and market competition.

2. The government should adopt a new regulation that makes it mandatory for all media ownership details to be open, transparent and regularly disclosed to the public. (For example in India, it is a legal requirement for all media companies to publish ownership and principal shareholder details on a regular basis). Until this happens, the media industry can increase its own public accountability by voluntarily disclosing ownership details on an annual basis.

3. Parliament should adopt a law to limit the concentration of media ownership, as well as cross-ownership of media (i.e. one company or group owning multiple print, radio, TV and online media in the same market).

4. Researchers and civil society groups should expand their media monitoring work to go beyond content analysis and ethical considerations of editorial practice, to also include the ublic trackin of olitical aliations and the nonedia business interests of media owners. Media advocacy groups and media researchers should develop a system of placing this information online on a dedicated website or blog.

2.2 State ensures 5. The government should launch an inclusive, multi compliance stakeholder discussion to determine the policies needed with measures to foster genuine pluralism and diversity of media in Sri to promote Lanka. This should be done more as a matter of increasing pluralist media the democratic communicative power in an inclusive public sphere rather than merely providing for consumer choice and market competition. 96 Rebuilding Public Trust Indicator Relevant Recommendation

2.3 State actively 6. The government and media industry should promotes a collectively make a fundamental commitment to diverse mix of increasing content diversity in the media, measured not public, private in terms of the multitude of media outlets but rather in and community terms of greater inclusivity and representation of the media fullest range of social, political and culture viewpoints within existing media outlets. Among other things, such content diversity can be promoted by the proposed PSBs commissioning independent content producers to create niche media products that are unlikely to be produced by entirely market driven media.

7. The legislation applicable to broadcasting should be formulated to include rules promoting diversity of ownership as well as media content. The law should suggest, among other measures, a way to promote ownership diversity through broadcast licensing.

2.4 Independent 8. The government should take urgent steps to establish and transparent an Independent regulatory body to regulate the regulatory broadcasting sector in the public interest. The system regulatory body should be accountable to the public and be independent from political and business interests This regulatory body should take urgent steps to streamline the broadcast licensing process to make it open, competitive, fair and accountable. The entire process should be managed by an independent regulator, with clear provisions allowing public scrutiny and comment. The discretionary and ad hoc process followed since 1992 should be discontinued as soon as possible, and standardised licensing conditions should be imposed retroactively on all existing broadcast licensees.

Rebuilding Public Trust 97 Indicator Relevant Recommendation

2.4 Independent 9. A comprehensive system for licensing community owned and transparent and operated broadcasters should be put in place, overseen regulatory by an independent regulatory body. A key aim of this should system be to promote diversity and inclusiveness in the broadcasting sector o this end the sste should include secic rules on the licensing of community broadcasters, which involve simple application processes that are processed either free or at a low cost. All licensing processes should be based on clear criteria and rules set out in advance, and should be open and allow for public participation.

2.5 State and 10. A comprehensive system for licensing community owned CSOs actively and operated broadcasters should be put in place, overseen promote by an independent regulatory body. A key aim of this should development be to promote diversity and inclusiveness in the broadcasting of community sector o this end the sste should include clear denitions media of what ualies as a counit broadcaster secic rules on the licensing of community broadcasters, which involve simple application processes that are processed either free or at a low cost. All licensing processes should be based on clear criteria and rules set out in advance, and should be open and allow for public participation.

11. A range of broadcast frequencies should be reserved in the frequency plan for low power community broadcasting thus maximising the use of frequencies at diferent locations and reentin interferences fro hih power broadcast transmissions.

2.6 State plan 12. There should be a clear and transparent planning for spectrum process for the general allocation of the spectrum (and allocation then secic licensin rocesses in accordance with that ensures optimal plan to actually allocate it), The proposed independent use for the broadcast regulator should closely coordinate with public interest the government on how broadcasting frequencies are allocated so as to ensure an equitable allocation of those frequencies between public service, commercial and 98 Rebuilding Public Trust community broadcasters. Indicator Relevant Recommendation

2.6 State plan 13. The updating of the frequency spectrum plan should be an for spectrum open, consultative process, allowing for input by civil society allocation and other interested stakeholders. The plan which emerges ensures optimal from this process should include indicative sub-allocations of use for the freuenc blocks such as the sectru aon diferent public interest types of broadcasters. These sub-allocations should support the goal of promoting diversity in broadcasting. The system should be carefully designed to work in tandem with the community broadcasting licensing system described above.

14. The public resource of the electromagnetic spectrum should be anaed ecientl in the ublic interest for broadcastin and telecommunications. The TRCSL should, through a consultative process with all interested stakeholders and in keeping with international best practice, develop a clear vision and national plan for the optimum use of the electromagnetic spectrum.

2.7 State plan for 15. The government should promote diverse ownership types in spectrum allocation the broadcasting sector through the introduction of a three tier promotes diversity system of broadcast ownership, viz: privately owed commercial of ownership and broadcastin editoriall indeendent ublic serice content broadcastin and indeendent counit broadcastin

2.8 Independent 16. All licensing processes and frequency allocation should be and transparent based on clear criteria and rules set out in advance, and regulatory system should be open and allow for public participation.

he oernent should not iose taes or leies secic to 2.9 State uses taxation an industry or a technology (e.g. targeting only mobile phones and business or cable television), which can be discriminatory against regulation to secic technoloies coanies and their consuers encourage media development in a non-discriminatory manner

Rebuilding Public Trust 99 Indicator Relevant Recommendation

2.10 State does not 18. The provision of state advertising should be regularised discriminate through through a set of guidelines which allocate advertising advertising policy based on objective criteria, such as reaching the intended audience, and that apply to all state agencies and state owned companies. Such guidelines are needed to eliminate the current discriminatory practices in state advertising patronage and ensure state sector advertising is given to media houses on a fair and objective basis.

19. The Media Ministry should introduce legal restrictions and penalties against the use of state and public sector adertisin and other state resources to inuence threaten or reward media outlets.

fectie reulation 20. The government, with the cooperation of the advertising governing industry, should set up an independent regulatory body to advertising in the regulate advertising in the public interest. This statutory system media should have enforcement powers, and set overall standards and ethical guidelines for advertising in all public media (called ‘above the line’ in the advertising industry) and other forms of advertising and marketing (called ‘below the line’).

21. Until the statutory regulatory body is set up, the advertising industry should develop its own self- regulation system to become more responsible, sensitive and responsive to consumer protection and sentiments. The media houses, on their part, should adopt have reasonable limits to advertising content in proportionate to their overall content (air time or print space).

100 Rebuilding Public Trust Category D TAXATION AND BUSINESS REGULATION

Media as a platform for democratic 3discourse

Rebuilding Public Trust 101 KEY INDICATORS

A MEDIA REFLECTS DIVERSITY OF SOCIETY 3.1 The media – public, private and community-based – serve the needs of all groups in society edia oranisations reect social diersit throuh their employment practices

B PUBLIC SERVICE BROADCASTING MODEL he oals of ublic serice broadcastin are leall dened and guaranteed 3.4 The operations of public service broadcasters do not experience discriination in an eld 3.5 Independent and transparent system of governance 3.6 PSBs engage with the public and CSOs

C MEDIA SELF-REGULATION rint and broadcast edia hae efectie echaniss of self-regulation 3.8 Media displays culture of self-regulation

D REQUIREMENTS FOR FAIRNESS AND IMPARTIALITY fectie broadcastin code settin out reuireents for fairness and impartiality fectie enforceent of broadcastin code

E LEVELS OF PUBLIC TRUST AND CONFIDENCE IN THE MEDIA he ublic dislas hih leels of trust and condence in the edia 3.12 Media organisations are responsive to public perceptions of their work

E SAFETY OF JOURNALISTS 3.10 Journalists, associated media personnel and media organisations can practice their profession in safety 3.11 Media practice is not harmed by a climate of insecurity

102 Rebuilding Public Trust “Democracy after all is based upon public opinion. But public opinion is very often based upon what they hear from the media and if the media gives them a slanted view, then public opinion itself gets slanted…As highlighting the importance of an ethical code, the law cannot stipulate every duty of a journalist but the journalist themselves can. The journalists have got to get together and work out a code of ethics for themselves.”

- Dr Christopher G Weeramantry Former Vice President, International Court of Justice. Speaking at 10th anniversary conference of Press Complaints Commission of Sri Lanka

Rebuilding Public Trust 103 he media has an important role in also why regulators distinguish between the sustaining and nurturing democracy, responsibilities of print and broadcast media, Tgood governance and human rights. and allocate a secic deocratic role to But there is no consensus about how this is public broadcasters. to be done, although there is a clear body of international standards as to regulatory Media organisations have much power to requirements for this. shape a society’s experience of diversity which has many facets: gender, age, race, This is complex partly because the media has ethnicity, caste, language, religious belief, two overlapping but distinct roles. It is a place physical ability, sexual orientation, income where democratic debate happens, where and social class etc or the edia to full information is exchanged and where cultural its democratic potential, it should, at least expression manifests. But it is also a social rouhl reect the diersit of its societ actor in its own right, acting as a watchdog over powerful institutions (both public and Media’s conduct in relation to social private) and holding government to account. diversity can also be a matter of formal regulation e.g. requirements on public As a social actor media can also be a partisan service broadcast media to serve all sectors of force, and sometimes even an instrument of society and to give fair access to all political societal olariation and conict or this parties. Media conduct may also be regulated reason, the media should be accountable for by laws, such as those against hate speech. its actions, like any other social actor. Yet as a place where social debate happens, it Media diversity is further rooted in an is crucial that the media is allowed to carry institutional culture of self-regulation, debate and information without control by peer scrutiny and responsiveness to the any government or other agency. audience. Increasingly, through the spread of new technolo social diersit can nd This is why the media community often expression in blogs, citizen reporting, user- resists attempts to regulate the media: to generated content and other forms of direct ensure that it behaves responsibly. This is audience engagement with the media.

104 Rebuilding Public Trust The media – public, 3 01 private and community-based – serve the needs of all groups in society

he history of Sri Lanka’s mass media (in the currently known form) goes MEDIAA Tback two centuries he rst rinted periodical, the Ceylon Government Gazette, REFLECTS was started by the colonial administration in it continues as the ournal for DIVERSITY oernent notices he rst newsaer in English was launched in 1832, while OF radio broadcasting commenced in 1925 and television broadcasting in 1979. Commercial SOCIETY Internet services arrived in 1995.

The number of media companies, organisations and products has increased over the decades. However, this growth in numbers has not led to a corresponding increase in the diversity of media products and content catering to the ethnic, religious and linguistic groups in the country’s multicultural population. There are also content gaps and anomalies for certain demographic groups and geographical areas.

As two experienced broadcasters noted in a recent commentary, “There exists a huge imbalance in both media coverage and media education as regards minorities and the marginalised. This does not come as a surprise, as it is known that media in

Rebuilding Public Trust 105 Sri Lanka, both print and broadcast, cater speaking viewers in the Northern Province mainly to the elite, irrespective of racial and in the country’s plantation estate sector diferences100 in the Central Province prefer South Indian TV channels received via satellite more than Newspapers, magazines as well as radio national level Tamil channels originating and TV channels are produced in all three from Colombo. The use of satellite dish languages (Sinhala, Tamil and English). But antennas for receiving trans-boundary media outlets and products are not available broadcasts is especially notable in the estate and accessible equally from all parts of the sector. country. Residents in the Colombo District and the Western Province can access more Anecdotal evidence suggests there is limited terrestrial radio and TV channels than those multicultural content in most national living elsewhere in the country. newspapers. Sinhala newspapers, on the whole, cater almost exclusively to their A large majority (over 80%) of the country’s ethnic group, as do Tamil newspapers to media production is carried out in the their own. Muslims who speak either Sinhala metropolitan Colombo district, which leads or ail lanuaes are often not secicall to some urban biases. According to the engaged by such media content (except Census 2012, urban residents made up 18.2% through Tamil periodicals aimed at a Muslim and rural residents 77.4% while the rest 4.4% readership). Similarly, the cultural needs of lived in the estate sector.101 However, the Christians – found among both Sinhalese narrow adinistratie denition of urban and Tamil ethnic groups – are under-served areas used in Sri Lanka ignores many areas by the national media. This needs further that have urbanised in recent decades. study and attention of media managers and One policy maker estimates the true urban professionals. population to exceed 40%.102 There is a fair amount of media content When the urban-centric media are not meant for children, which probably responds responsive to their needs, some communities to 25.2% of the population being under 14 nd alternaties or eale soe ail (2012 census).

100 Putting the Citizen First: 101 Results of Census of New Approaches to Media Population and Housing, Literacy, by Tilak Jayaratne 2012 http://www.statistics. and Sarath Kellapotha, gov.lk/PopHouSat/ in Embattled Media: indehle Democracy, Governance ame=FinalPopulation&gp= and Reform in Sri Lanka Activities&tpl=3 (Sage Publications, 2015), pp 281-293 102 http://www.dailymirror. lk/94975/let-s-get- real-about-sri-lanka-s- urbanization 106 Rebuilding Public Trust However, many other demographic segments are currently un-served or under- Recommendations served: The government should promote Older persons (aged 60 and above), who media pluralism in Sri Lanka through make up 13% of the population – and whose appropriate policies, regulations proportion is growing the fastest – do not and other measures to ensure that have too many dedicated programmes. the particular needs of demographic groups like children, women, ethnic Indigenous people’s cultural needs are met and religious minorities, older persons, by one dedicated radio service: Dambana FM residents of the estate sector and 95.4 run by the state broadcaster SLBC. It is those with disabilities are served by meant to serve the Veddah community, who the media. This can be accomplished are considered to be descendents of original through inclusive media policies, inhabitants of the island with their hunter- secic licensin conditions for gatherer lifestyle and own language.103 broadcasters, independent regulators fostering diversity in the broadcasting The media needs to increase their usability sector, and by enacting laws for those with various disabilities. There is recognising a three tier broadcasting one weekly magazine in Braille104, but use of system (public service, commercial and sign language on TV channels is infrequent. community), and by fostering content Accommodating the needs of persons with diversity through funding support to disabilities should become a greater priority. independent producers.

On the whole, media’s accommodation of The media, particularly radio and diverse needs of the audience needs a vast teleision stations should ofer ore improvement. spaces to foster cultural and language diversity and gender equality, and to address issues of interest to secic and/or vulnerable groups. Women should be portrayed avoiding stereotypes. For this purpose, more 103 http://www.slbc.lk/ 104 www.wijeyanewspapers. women journalists should be involved index.php/tamil-news- lk/?page_id=41 update/3497-leader-of- in the news production processes. the-veddah-community- Public media should equitably commends-the-service- rendered-by-the-dambana- represent the opinions of the entire service-of-the-slbc-to- political spectrum. protect-the-language- of-the-indigenous- community.html

Rebuilding Public Trust 107 Media 3 02 organisations reect social diversity through their employment practices

he media’s capacity to represent social The IFJ Report on Media and Gender in Sri diversity partly depends on the make- Lanka in March 2015, noted: “The number Tup of its workforce e.g. the number of of women journalists in Sri Lanka has journalists and media executives who are increased and several women, particularly women, or who come from minority groups. in the English language media, hold senior ositions esite their sinicant Unfortunately, there is no regular data presence women still continue to struggle in collection across the print and broadcast environments that are either unsafe or not media sectors covering state and private conducive for women media professionals. institutions. The government’s Department n addition robleatic workin conditions of Census and Statistics conducts an annual lack of oortunities for uward obilit survey of industries, which includes a and the strong male bias in the newsroom category named “Publishing, printing and makes the media industry a challenging reproduction of recorded media” – it does workplace for women.”106 not provide disaggregated data on the media industry alone. In this category, the survey Anecdotal evidence and interviews for counted a total of 82 establishments in this study indicate that the Lankan media 2012/13, with a total of 14,975 employed in industr does not adeuatel reect the them. There is no data analysis on diversity society’s diversity. of backgrounds or skills.105

oe data is aailable secicall on ender Recommendation A study commissioned by Sri Lanka Press The media industry should endorse Institute in 2011 found 192 female journalists the notion of media pluralism, and working in 31 newspapers (in Sinhala, Tamil commit to it at editorial, personnel and and English languages), compared with 464 management levels. While following male journalists, i.e. 29.5% were women merit-based recruitment policies, journalists. (The study did not cover the media companies should consider the broadcast or entirely web based media). oerall need for their staf to better reect the ethnic diersit of ri anka and adopt policies to recruit more 105 Annual Survey of 106 http://www.ifj.org/ journalists from minority ethnic and Industries 2013. http:// leadiniaessia www.statistics.gov.lk/ acicreorts language groups, as well as more industry/ASI%202013%20 etc/Gender_and_Media_ women and persons with disabilities. report.pdf in_Sri_Lanka

108 Rebuilding Public Trust The goals 3 03 of public service broadcasting are legally defned and guaranteed

ri Lanka has historically evolved state owned radio and television PUBLICB Sbroadcasters, but they are not public service broadcasters in the internationally SERVICE acceted denition see bo

BROADCASTING he ri anka roadcastin ororation Act No 37 of 1966 transformed the MODEL Department of Broadcasting (Radio Ceylon) into a statutory corporation.107 The Act mandates SLBC to “carry on a broadcasting service within Sri Lanka and from time to time develop, extend and improve that service in the public interest”.

he ri anka uaahini ororation Act No 6 of 1982 set up the national television broadcaster. Its mandate includes “to carry on a television broadcasting service within Sri Lanka and to promote and develop that service and maintain high standards in programming in the public interest”.108

Both SLBC and SLRC are state owned and funded in part by taxpayer money (and the rest by advertising revenue).

There is no room for editorial independence in their current legislation. For example, the

107 http://www.commonlii. 108 http://www.commonlii. org/lk/legis/consol_act/ org/lk/legis/num_act/ slbc365375.pdf slrca6o1982386/s7.html

Rebuilding Public Trust 109 SLBC Act has a provision that says: “5. In the company, but soon taken over by exercise of its functions and powers under the government and converted to a this Act, the Corporation shall comply with government owned business undertaking. the general policy of the Government with In 1992, it was turned into a company fully respect to broadcasting, and shall comply owned by the state. Its ownership has with any general or special directions given never been broad-based even though that by the Minister pursuant to the policy of the was discussed at times.109 Government in relation thereto.” None of these broadcasters has legally Independent Television Network (ITN dened or uaranteed indeendence in their Sri Lanka) was started as as a private editorial practice and content generation. All have been used for ruling party propaganda for decades. B O Public Service he ublic interest is often conated with X 12 Broadcasting (PSB) the interests of the oernent in oce and the ruling party. Direct governmental has dened ublic interference in editorial decision-making is Uservice broadcasting (PSB) as commonplace. broadcastin ade nanced and controlled by the public, for the All owners of radio and television receivers public. It is neither commercial nor had to pay an annual licence fee (or user fee), state-owned, and also free from which income was distributed by the state political interference and pressure among SLBC, SLRC and ITN. This practice from commercial forces. Through PSB, was discontinued from January 2000, citizens are informed, educated and ostensibly to remove a government levy also entertained. When guaranteed that was a ‘burden’ to citizens. Some media with pluralism, programming watchers have argued that the real objective diversity, editorial independence, was to relieve the state media of their PSB appropriate funding, accountability obligation, since the fee-paying public was and transparency, public service

broadcasting can serve as a cornerstone 109 http://www.itn.lk/about- of democracy. itn/

Source: http://www.unesco.org/ new/en/communication-and- information/media-development/ public-service-broadcasting/

110 Rebuilding Public Trust entitled to certain rights. This right was whereas private media may tend to go solely established in the judgement of the landmark by the market logic of catering to the largest case, Wimal Fernando v. SLBC (1996).110 audiences or the highest ratings.

What kind of PSBs? Ideally, the PSB’s function is to provide an engaging public sphere with the following As part of restructuring the state media features: into s ri anka needs to redene their satisfin eoles riht to receie ualit goal to suit its socio-cultural and political information, there by setting programme contexts. True PSBs play an important standards for all broadcasters democratic role in assuring diversity, nourishin reresentatie luralis including catering to special interests which a not hae a lare audience B serin educational and cultural O PSBs: Clarify purpose X dimensions, which includes elevating 13 frst cultural levels of the society and fostering understandin of other cultures rof Dhammika Ganganath the editorial urose consistentl showin PDissanayake, a former chairman the ability to become the society’s voice of both state TV stations (Rupavahini (which should include opportunities for and ITN Sri Lanka), calls for clarity independent producers to use the PSB as a of purpose in pursuit of PSBs in Sri latfor and Lanka. hain otiated and ublic interest minded professionals producing and He said in an interview: “First we managing content. have to decide whether we really need PSBs in Sri Lanka. There is no point The rationale for PSBs’ existence is that adopting enabling laws for PSBs if they it ofers content diferent fro that of are going to be totally dependent on commercial broadcasters. For example, the market forces. So we as a society commercial broadcasters might promote should be willin to allocate sucient taxpayer funds to maintain PSBs. Such 110 Wimal Fernando v Sri PSBs should only be accountable to Lanka Broadcasting Parliament and not to the executive Corporation [1996] 1 Sri branch of government. Private sector Law Reports 157 articiation in broadcastin is ne as long as the industry is properly regulated by an independent regulator. This is what many other countries are doing.” Rebuilding Public Trust 111 superstition (if such content boosts ratings) motivated appointments by successive but a PSB is obliged to foster rational oernents to hea and inecient thinking. efors would entail the dicult challene of rationalising this situation. Wijayananda Jayaweera, former broadcaster and ocial sas that a trul At the moment, the main income of independent PSB is not merely a media SLRC and ITN is the sale of airtime for latfor for diferent content but an commercials and sponsored programmes. essential institution for democratic Educational and other public interest content engagement. has to compete directly with commercially generated content. In 2012, for example, He adds: “It is not about transforming SLRC reported making LKR 1.85 billion SLBC/SLRC to become a BBC. Also, the BBC income from selling its airtime, and LKR 168 is not the only model of a PSB. There are million from other sources which included a number of PSB traditions and models in LKR 11 million as a ‘government grant’.111 Europe, especially in France, Germany, the SLBC, in contrast, is sustained mostly Nordic countries as well as in Japan. We can by taxpayer money coming through the learn much from how Poland transformed its Treasury. state broadcasters into successful PSBs.” Adequate and sustained funding is crucial Jayaweera believes that PSBs should become for both the independence and good a Constitutional requirement -- as a tool performance of PSBs to be created in the to guarantee democratic engagement by future. Taxpayer funds allocated for PSBs citizens demanding responsive government may be considered as an investment in performances in between elections. the public good, taking into account their potential for promoting education, culture Funding PSBs and media diversity.

All state owned media at the moment are oweer other nancin strateies are heail oerstafed result of oliticall needed to diversify PSBs’ funding base.

111 Sri Lanka Rupavahini Corporation Annual Report 2012. http:// www.parliament.lk/ uploads/documents/ paperspresented/ annual_report_ srilanka_rupavahini_ corporation_2012.pdf

112 Rebuilding Public Trust Lottery funding might be one way of content which would support the production fundin secic roraes with a ublic of “meritorious content that is unlikely to interest dimension which would not attract be produced by private producers under commercial support. Other public funding commercial considerations”. He explained in options include: a radio or television user a recent essay: “A fund and a management fee on households a odest le on a hih structure would be established to olue roduct e asoline or etroleu responsibly, fairly and transparently disburse or taxes on certain consumer products. subsidies to any media producer wishing to create meritorious content. The money For example, the main source of income will have to come from Treasury because for Thai PBS comes from taxes on tobacco any kind of levy on private producers will and alcohol, which are transferred to its then result in them wanting protection from cofers directl b the custos and ecise web-based competition. If the content is tax agencies without having to go through necessary for a decent society and we value the noral budetar rocess hat nancial it, we should pay for it. We can make an arrangement was originally designed to efort to ake undue inuence dicult but ensure that the public broadcaster would not it will not be possible to guarantee success. be subject to political interference.112 he diference is that the bad thins that can haen in a oliticallinuenced ublic Communications scholar Dr Rohan media content fund are limited. It is unlikely Samarajiva said an interview: “The SLBC and that this money will be spent on propaganda SLRC Acts are completely out of date. They per se. The worst that can happen is that were drafted in response to an economy, crony producers will get more money than society and technology that prevailed independent ones.”113 decades ago. They need to be updated. I am not sure, however, whether we in Sri Lanka are capable of sustaining ‘independent’ public service media like the BBC.”

Instead, he has proposed a fund for media

112 http://www. 113 Public media or public nationmultimedia.com/ media organisations opinion/Thai-PBS-belongs- in Sri Lanka? Rohan to-the-people-not-those-in- Samarajiva. Lanka power-30282141.html Business Online (LBO), 14 January 2015. http://www. lankabusinessonline.com/ public-media-or-public- media-organizations-in-sri- lanka/

Rebuilding Public Trust 113 The rules should also place a positive Recommendations obligation on the public media to remain accountable to the people The government should initiate of Sri Lanka, including through the legal reforms to transform the state- Parliament but also in more direct owned and state-managed broadcast ways, for example through establishing media (SLBC, SLRC and ITN) into audience councils and conducting truly independent public service direct public interactions to assess the broadcasters (PSBs) so as to serve the response to their programming. public interest without any political interference. PSBs must be independent from government in their governing structures and have full editorial autonomy. The PSBs’ independence from the state should be legally guaranteed, including through the appointment of independent governing boards and the editorial independence of the broadcaster and its professional and editorial staf fro the oernin board should also be protected. Drafting a PSB law should take into account a range of PSB models in Europe, Canada and Asia.

The government should ensure that PSBs’ public funding is secure, long term and stable to protect them from arbitrary political interferences and market forces. There should be public funding mechanisms for PSBs.

The rules should set out clearly the public service mandate of the public edia in soe detail with a secic focus on the particular public service needs of the country.

114 Rebuilding Public Trust Cartoon by W R Wijesoma, originally published in The Island on 3 March 1993

The evolution of electronic media in Sri Lanka - Cartoon by Dharshana Karunathilake

Rebuilding Public Trust 115 The 3 04 operations of public service broadcasters do not experience discrimination in any feld

ri Lanka has no PSBs in the carried on cable TV, IPTV and direct-to- internationall acceted denition he home (DTH) services. However, this is due Sstate owned TV broadcasters SLRC to the audience demand for such channels and ri anka face no dicult or and not arisin fro an secic laws or discrimination in having all their channels regulations.

“For structural reforms to viable, the “I am shocked and appalled by how state media needs to be freed from their certain TV channels cover violence and current reliance on market forces. SLBC death in our society. These tragedies and SLRC have to sustain themselves are highly sensationalized, which is from advertising and sponsorship damaging our entire social fabric. We incomes. Various governments have been need public service broadcasting (PSB) in using state media but without providing Sri Lanka. Our national TV (Rupavahini) funds. So there are enormous commercial was gifted by Japan and we received pressures on state media, which prevent some of Japanese PSB station NHK’s state media from properly performing good traditions. But where are these their duties to the public. now? We have moved far from the founding ideals of Rupavahini, which “Even though SLRC is not explicitly set was meant to have focus on public up as a public service broadcaster (PSB), education.” its act mentions the public service remit. Unfortunately, political interference - Hema Nalin Karunaratne has compromised this ideal. I propose Managing Director, Heritage TV that we go back to the original intent and purpose of the founding Act, and rear the cororations indeendence from political forces. Ideally, SLRC should be transformed into an autonomous PSB, even though it will be a hard task to accomplish.”

- Mohan Samaranayake Journalist and media analyst. Former Chairman, Sri Lanka Rupavahini Corporation (SLRC)

116 Rebuilding Public Trust Independent 3 05 and transparent system of governance

ll members of SLBC’s and SLRC’s governing boards are appointed Recommendations by the Minister in charge of media, A A public consultation should be who may dismiss them at any time and without iin an reason taf ebers undertaken to decide the future are deemed to be employees of a state status of the state-owned print media corporation (i.e. semi-governmental). These organisation (Lake House/ANCL). All arrangements result in biased editorial options, including its transformation coverage by the state broadcasters. into public service media, full privatisation and broad-basing There is no legal requirement to ensure ownership, should be considered. demographic diversity or sectoral reresentation ro tie to tie diferent The State broadcasters should be ministers have appointed boards of transformed into true public service anaeent with diferent leels of ethnic broadcasters subject to oversight by diversity. This arrangement is neither truly independent governing boards independent nor transparent, and has long which are accountable to the public been abused for political purposes. The through Parliament. best example of this is the conduct of state broadcasters during the campaign period of key national elections (see also Box 15).

The need for an independent broadcast regulator is clear and strong (as discussed in 2.8), but it is important to guarantee its independence from the state.

Rebuilding Public Trust 117 PSBs 3 06 engage with the public and CSOs

n the absence of genuine PSBs, Civil society organisations and the public do the comment here is on the state not have any formal opportunity to nominate Ibroadcasters. individuals to state broadcasters’ boards of management. There is no formal complaints The state broadcasters SLBC and SLRC have mechanism concerning any objectionable audience research units that conduct regular content that may be aired by a broadcaster. surveys to gather public feedback. But No accountability system exists for the state accordin to inside sources such ndins are broadcasters through which public can often not heeded by the programme planners inuence their rorae olicies or managers to improve content or enhance audience engagement. Advocacy oriented CSOs like the Women and Media Collective, Transparency State broadcasters (as well as commercial International Sri Lanka and Centre for Policy broadcasters) engage the public through Alternatives monitor and critique the state certain programming formats such as the broadcasters on secic issues or toics e phone-in facility for talk shows that are elections, portrayal of women, etc.) But the broadcast live. But these opportunities broadcasters do not formally engage such are liited and honeins ofered b state groups. broadcasters are ostl suercial the rarely encourage listeners or viewers to express their views on controversial subjects. Recommendation Those who participate in such phone-in programmes are often pre-screened, and CSOs should actively campaign for the conditioned by these procedures. Hence introduction of independent PSBs in they cannot be considered as genuine ri anka and also nd creatie was opportunities for participatory discussions. of generating funding for sustaining PSBs. There are no attempts to use tools such as online surveys, town hall style meetings or other public Public media in Sri Lanka should be outreach options to engage with the public. placed under a positive obligation to enae in creatie and efectie ways with the public, so as to ensure that their programming meets the needs of the public. In particular, the creation of an audience council(s) as a sounding board for the public should be considered.

118 Rebuilding Public Trust edia regulation is the control or guidance of media by statutorily CMEDIA Mestablished regulatory bodies. Such regulation may be done through: SELF-REGULATION laws rules or rocedures throuh arious oals e interention to rotect a stated ublic interest b encourain coetition and an efectie edia arket establishin coon technical standards

here are diferent tes of edia reulator mechanisms in the world, as shown in Table 2.

ale ierent media regulatory mecanisms Regulatory method Description Example/s

Governmental When a regulatory body is either set up Sri Lanka Press regulation by a law, or otherwise controlled by the Council Act No 5 of government. The models of government 1973 which set up reulation difer worldwide and are not the Sri Lanka Press customised to a set formula. Council

Independent Implies independence from both the media Press Council of Statutory and government but set up by law. Denmark Regulation

Self-regulation A peer review system operating within a set Press Complaints of self- imposed rules by the media. It consists Commission of Sri of representatives from media profession Lanka (PCCSL), passing judgement of matters of journalistic operational since reporting using a Journalistic Code of Ethics... 2003

Co-Regulation A legally empowered regulatory Indonesia’s body chosen by media producers and Independent Press professionals, which is independent Council (Dewan from both the government and corporate Pers) created by interests. Press Law 1999

Rebuilding Public Trust 119 Print and 3 07 broadcast media ave eective mechanisms of self- regulation

or the past dozen years, Sri Lanka’s Council (DRC). The High Court of Colombo print media institutions have developed is empowered to enforce an arbitration Fa self-regulation arrangement which award made under the Act. keeps evolving. However, the broadcast sector has yet to come up with a comparable The DRC comprises 11 members, six of one. whom represent civil society and the balance of e senior ournalists he ethical ri anka was the rst outh sian countr standard for editorial content is set by the to introduce self-regulation, with the broad Code of Professional Practice of the Editors’ support of the newspaper industry. The Guild of Sri Lanka, which has been adopted Press Complaints Commission of Sri Lanka by PCCSL. Last revised in 2014, it provides (PCCSL) is a voluntary self-regulatory an ethical framework in which print media mechanism started in October 2003 by the can operate while striving for accuracy and media industry to resolve inaccuracies that upholding the public interest (see box 14).115 may appear in newspapers, magazines, journals and online editions of newspapers. Its co-founders are the Newspaper Society of Sri Lanka, the Editors’ Guild of Sri Lanka, Free Media Movement and the Sri Lanka “There is also more public 114 Working Journalists Association. awareness now, of the Editors’ Code of Professional Practice. But PCCSL works on the principles of there is more to be done.” conciliation, mediation and arbitration under the Arbitration Act No 15 of 1995. It - Kumar Nadesan is meant to dispense with public complaints Chairman, Board of Directors on media content on a ‘Free, Fair, Fast’ basis. Press Complaints Commission It is to adjudicate progressively through of Sri Lanka (in Annual Review conciliation, and if that did not work, 2014) through mediation and only lastly, by way of arbitration through a Dispute Resolution

114 http://www.pccsl.lk/

115 http://www.pccsl.lk/ sitesdefaultlesode English.pdf

120 Rebuilding Public Trust B O X 14 Code of Professional Practice for Lankan Media

he Code of Professional Practice was Toriginally developed in 2003-2004 to serve as an ethical framework for the There is also an older Code of Ethics drafted Lankan media, against which the public by senior journalists in the early 1980s. That could assess any (real or perceived) Code was published as ‘Rules made by transgressions. the Sri Lanka Press Council, under Section 30(i) (a) of the Sri Lanka Press Council Law, The Code opens with these words: No 5 of 1973, and approved by Parliament “This code of practice, which is binding under Section 30 (3) of the said Law’. It was on newspaper publishing companies, published in the government gazette on 14 Editors and their journalists and October 1981.116 contributors both in print format and online, aims to ensure that the Sri PCCSL: A Dozen Years of Performance Lankan press is free and responsible and sensitive to the needs and By 2015, a majority of newspapers in Sinhala, expectations of its readers, while Tamil and English languages had accepted maintaining the highest standards of PCCSL’s self-regulation system. From 2003 journalism.” to the end of 2014, PCCSL received close to 1,700 complaints – the number averages At the outset, it says that the Code around 150 per year. “both protects the rights of the individual and upholds the public’s According to its last published annual report, right to know. It should be honoured PCCSL received a total of 291 complaints not only to the letter but in the spirit – durin hen analsed across diferent neither interpreted so narrowly as to languages, it comprised complaints compromise its commitment to respect concerning: the rights of the individual nor so inhala lanuae newsaers broadly as to prevent publication in the ail lanuae newsaers public interest.” nlish lanuae newsaers There were also 7 complaints not concerning The preamble also says that “Editors the print media (thus falling outside the should co-operate swiftly with the scope of PCCSL). Press Complaints Commission of Sri

Lanka (PCCSL) in the resolution of 116 http://www. complaints. Any publication judged mediareformlanka.com/ sitesdefaultles to have breached the Code must print archiallesri the adjudication in full and with due Lanka%20Press%20 Council%20Code%20 prominence, including a headline of%20Ethics%20for%20 reference to the PCCSL.” Journalists.pdf

Rebuilding Public Trust 121 With over 80% of complaints resolved during the past decade, PCCSL says the concept of self-regulation is now accepted by both the “Neither the Editors’ Code, media and the public. nor the PCCSL are the ideal. There is, no doubt, room The PCCSL Secretariat has also noted how for improvement. But the more complaints are being resolved directly principle of self-regulation between afected readers and newsaer remains steadfast and true. The editors, without involving PCCSL. alternative – a statutory body of Government appointees is not As the 2014 Annual Review says, the answer. It is a sine-quo-non “The increased number of corrections, for a Free Press in Sri Lanka, or clarications aoloies and riht of relies what is left of it, that its well- published by Sri Lankan newspapers being is in its own responsible without formally involving the PCCSL hands. It is up to those in the indicates that the advocacy work done by the profession, and the industry, to Commission has made readers write direct protect it and foster it in their to editors and have their ‘Right of Readers’ own interests and in the interests published outside the PCCSL process and the of their countrymen.” observing of violations of the Code which - Sinha Ratnatunga, are reported to Editors to pay special care are Deputy Chairman of the Board, positive and helps reach the objective of a Sri Lanka Press Complaints 117 professional media.” Commission (at 10th anniversary conference, However, Sri Lanka’s radio and television January 2014) broadcasters as of yet has neither an industry http://www.pccsl.lk/sites/ alliance nor an industry-wide self-regulation defaultlesinal mechanism. On the tenth anniversary of Report.pdf PCCSL, there was a mention of contacts being made with the advertising profession,

117 PCCSL 2014 Annual Report. http://www. pccsl.lk/sites/default/ lesnualeort Englis%28Updated%29.pdf

122 Rebuilding Public Trust broadcast industry and Internet users “to get consensus for a broader code”.118 This has yet to happen. “The history of self-regulation in Sri Lanka is essentially a response Speaking at PCCSL’s 10th anniversary to excessive State control and international conference, Ian Beales, attacks. We do not want the Secretary of the Editors Code Committee, power of the press to undermine UK, said journalistic self-regulation and democracy, and self-regulation ethics should set sensible, simple, and is part of the answer to that. deliverable standards that can be reasonably Another key element is media required and enforced. Individual editors independence, which can help and publishers are free to set higher moral prevent self censorship. The State standards, if they wish. should not see independence as a threat, because it helps ensure a He added: “The system should be genuine roer ow of inforation to the self-regulation, in which the independence people. from the state and from other vested interests is guaranteed. Strong lay membership should “The idea that ‘comment is free’ be vital to ensure fairness – and not least to is still bounded by the need to protect individual editors from being over- respect human rights values. Bias harshly judged by their commercial rivals. in the media is not acceptable, The sanctions should be proportionate, not whether aainst woen diferent excessive. These fundamental principles rous or diferent iewoints 119 allow freedom for cultural variations.” But journalists need some sort of institutional support, like Sri Lanka Press Council: Contentious from lawyers enjoy through the Bar the Start Association. In Sri Lanka, self regulation serves this role and In 1973, the then government set up also provides support to freedom a statutory body called the Sri Lanka of expression.”

118 http://www.pccsl.lk/ 119 Self Regulation and Ethical 100 - Prof. Savitri Goonesekere,100 sitesdefaultles Reporting: Report on the Professor Emeritus of Law, PCCSL%2010%20th%20 Conference Celebrating Anniversary%20Souvenir. 10th Anniversary of University of Colombo pdf PCCSL. January 2014. Speaking at 10th anniversary http://www.pccsl.lk/ sitesdefaultles conference of Press Complaints Final%20Report.pdf Commission of Sri Lanka

Rebuilding Public Trust 123 Press Council (SLPC, http://slpc.lk/) a slow start, the council, whose purview with considerable powers to investigate covers all types of media outlets, began complaints against the media and impose operating and handing down judgments in penalties. It has been despised by most 2012.121 journalists for over 40 years. The Sirisena-Wickremesinghe government Under the Press Council Law No 5 of that took over in January 2015 did not 1973, the government nominates all seven appoint members to the Press Council for Council members, even though that must several months. The media community include a representative of the journalists’ was taken aback, therefore, when President associations in Sri Lanka, and another person Sirisena suddenly re-activated the Press representing the interests of the employees Council on 2 July 2015 by appointing of newspaper businesses. The Press Council members. has quasi-judicial powers (comparable to a District Court) to impose prison terms and In protest, the Newspaper Society of Sri other punitive measures on journalists and Lanka, the Editors’ Guild of Sri Lanka, the editors found guilty. The Act also prohibits Free Media Movement and the Sri Lanka the disclosure of certain scal defense and Working Journalists Association issued a security information by media. statement saying the President’s action was illegal and that he did not have the “basic The Press Council has been used by courtesy” to consult stakeholders. governments as a mechanism to intimidate the media. In 2002, it was rendered It added, “The re-establishment of the inoperative through a bipartisan resolution government appointed Press Council, re- in Parliament. The relevant law, however, introduces dormant legislation that provides remained and was used by the Rajapaksa for wide ranging punitive powers including government to revive the Press Council in that of imprisoning media personnel. June 2009, soon after the civil war ended. Completely reversing an election promise This was widely condemned by media of his to ensure the stoppage of direct and organisations and advocacy groups.120 After indirect threats and intimidation against

120 http://www.wsws.org/ 121 https://freedomhouse. en/articles/2009/07/ org/report/freedom- sril-j01.html and press/2014/sri-lanka#. http://www.bbc. VUL0uvDkqSo co.uk/sinhala/news/ story/2009/06/090627_ press.shtml

124 Rebuilding Public Trust “The Media Ministry receives a large number of complaints from citizens about Lankan broadcast media content deeed unaccetable or ofensie ut the Ministry does not have any legal powers to act on these. We can only instruct state broadcasters to comply with certain norms, but have no print media personnel and their owners, the authority over private broadcasters. question arises if this is the short-term and long-term programme he promised in his “This highlights the need for a public election manifesto to protect freedom of all complaints or grievance mechanism media personnel.”122 for all broadcasting in Sri Lanka. In the Broadcast Authority Bill we are Permanently deactivating the state’s Press currently drafting, there is provision Council and repealing the enabling law for setting up such a complaints must remain on the media reform agenda. mechanism. In drafting this Bill, we However, politicians and the public can be hae faced soe conicts with the convinced of the redundancy of the state’s Broadcasting Corporation Act (1966) Press Council ONLY IF the alternative self- and Rupavahini Corporation Act reulator echanis works efectiel (1982) because these have not been and credibly, covering all media outlets. updated for decades. Certain policy This presents a clear case for strengthening related provisions in those acts need PCCSL and for expanding its scope to cover to be removed for a new Broadcast other media. Authority to be viable. The experience thus far suggests that “When licensing radio or TV cannot be efectie b bein a urel broadcasters, the Media Ministry takes voluntary body. PCCSL needs enforceability into consideration two key factors: of its rulings so as to be taken seriously by does the alicant hae sucient both the media and the public. With a view nances for oeratin a channel to achieving this goal, a revamping of PCCSL and also the technical competence structure is recommended by adopting the necessary for doing so? We do such co-regulation model. checking to prevent someone from obtaining a license and then selling it to other parties…It seems that broadcast licenses in the past have been given out for indenite eriods which is problematic. I believe that broadcasting 122 Media groups slam Sirisena licensing should be taken away from for bringing back Press political authority and handed over to Council. The Sunday Times, 5 July 2015. http:// a legally-based regulatory mechanism.” www.sundaytimes. lk/150705/news/media- groups-slam-sirisena- - Mr B K S Ravindra, Additional for-bringing-back-press- Secretary, Ministry of Media council-155671.html (interviewed in May 2015) Rebuilding Public Trust 125 Recommendations

The Sri Lanka Press Council Act No 5 of 1973 should be repealed, and the state apparatus known as Sri Lanka Press Council should be abolished.

The media industry should strengthen the Press Complaints Commission of Sri Lanka (PCCSL) and also explore expanding its scope to cover broadcast and entirely web-based news media outlets. A national consultation should be held with all relevant stakeholders to determine how best to proceed. The co-regulation model -- as is done in Indonesia with Dewan Pers (“Press Council”) -- is recommended. The revamped PCCSL should have legal powers to enforce rulings.

If the broadcasters are not agreeable to be part of PCCSL, they should set up their own public complaints and grievance mechanism covering broadcast content. One option is for this to be part of the proposed independent broadcast regulator.

126 Rebuilding Public Trust Cartoon by Awantha Artigala, Wijeya Newspapers

What every FM radio channel wants listeners to do - Cartoon by Dharshana Karunathilake

Rebuilding Public Trust 127 Stakeholder Views on “Sections of our media report rape and Sri Lanka’s sexual crimes with a certain relish. They Media Self-Regulation sensationalise and dramatise the incident with no consideration for the victim and family. Contrast this with the gang rape (December 2012) of a young woman in Delhi – what we know as the Nirbhaya case. Hundreds of Indian media outlets had the restraint not to disclose the ictis nae or fail secics e only know her by the media assigned pseudonym Nirbhaya. But here in Sri Lanka, some newspapers will carry all details, and even display the victim’s photos across front pages! Instead of sensitive and investigative reporting, Sinhala language newspapers engage in crude and impulsive reporting of violence – but our English language newspapers do observe some restraint and decorum!”

- Sumitra Rahubaddha. Formerly of Sri Lanka Administrative Service; author and publisher

“I advocate media self-regulation, rather “In the recent past, when journalists than the state forcing it with laws and or activists demanded freedom of regulations. At one point (2003), we expression, they ran a real risk of being deactivated the state’s Press Council ‘disappeared’ the next day! People were and allowed the newspaper industry to subjected to threats, verbal and physical form its own self-regulatory body. The attacks and murder for speaking up. This Press Complaints Commission emerged is no longer the case in Sri Lanka. PCCSL thereafter, but it has not been a perfect is a good self-regulatory arrangement arrangement. Some newspapers and for newspapers in Sri Lanka. But it can media companies have not become part only act when it receives a complaint. of PCCSL.” Its rulings are only voluntary and not binding. I would like to see PCCSL being - Saman Athaudahetti, Additional strengthened, and also broadcast media Secretary (Media) to the Prime Minister being brought under its purview (or that of Sri Lanka industry develop its own self-regulation mechanism).” “PCCSL needs greater powers and greater coverage (of all newspapers). If a - K Kunarasa, News Editor, Thinakaran newspaper is proven to have violated newspaper, Lake House/ANCL the Code of Professional Practice, PCCSL 128 Rebuilding Public Trust should be able to impose a penalty. deall we should hae an efectie sste PCCSL should also be able to mediate of self-regulation in our media so that between newspapers and aggrieved the state does not need to get involved. parties so that billion rupee defamation We have the PCCSL since 2003, but it is law suits are not led aainst edia not et a full efectie sste because it is voluntary, not obligatory, to abide - Vijitha Yapa, Founder Editor, by its rulings. Perhaps PCCSL should be The Island, Sunday Island and The eowered to iose nes or hae other Sunday Times punitive powers on media that does not correct proven lapses. We also need a “We do need a regulatory system for complaints mechanism and self-regulatory media in Sri Lanka. First of all, we need body for radio and television broadcasters media owners and managers with some in Sri Lanka. During 2009-2011, some education and training in media and discussions were held on setting up such a journalism. Right now, almost all media body, but it has not happened.” organisations and companies allow politics to meddle with their industry – - Focus Group Discussion with Sri this needs to change. We need to raise Lanka Muslim Media Forum (8 June standard of journalism so that more 2015) joined by M S Ameen Hussain, responsible information and more balance Media trainer and consultant; Javed opinions can be disseminated by the Munawwer, Assistant Treasurer; and media. Thaha Muzamil, Vice President

“Likewise, we need to ensure editorial “We have concerns whether Press independence by blocking opportunities olaints oission is sucientl for media owners to interfere with media empowered to act when a media outlet content. There needs to be independent violates ethics and defames individuals monitoring of media. or entities. In our view, the PCCSL itself needs to be monitored and regulated. “Sinhala and Tamil language newspapers Every media company should be required report on our national question (ethnic to adopt its own code of ethics, which issue) based on their ethnic and religious should be disclosed to the public. Media divides. It is such partisan reporting that consumers can then assess their conduct prolonged and worsened the war. In against it. Every media company should Singapore, four main ethnic and religious also have their own Ombudsman who rous coeist without conict ut can look into staf rieances and reader we have not been able to achieve such complaints, and resolve as many of these harmony. Language barriers have been as possible at that level.” one cause for our divisions. We still don’t have good enough translations between - Focus Group Discussion with Sri Sinhala and Tamil to build cultural and Lanka Press Association (8 June 2015) linguistic bridges between our two joined by Upul Janaka Jayasinghe, communities.” National Organiser; Narendra Rajapakse, Vice President; and Pushpa - Justice C V Wigneswaran. Chief Ilangatilake, Executive Committee Minister, Northern Provincial Council member

Rebuilding Public Trust 129 Media displays a 3 08 culture of self-regulation

majority of newspapers published in Private, public and community media Sri Lanka now recognise the right of should create and guarantee diverse A reply, but publication is at the editor’s mechanisms for citizen participation, discretion. In practice, according to PCCSL’s beyond interactivity, ensuring that monitoring, the right of reply is respected citiens can inuence the rorain over 70% of the time (among those that and working toward educational subscribe to PCCSL). processes.

Recognition has also been growing within The associations and unions of media organisations for clearer ethical journalists should actively promote guidelines for individual conduct and the profession’s code of ethics (or editorial content. Some media organisations code of conduct) focusing on accepted have voluntarily developed their own in- principles, such as the respect for truth house guidelines. and the public’s right to know all sides of a matter, the right to fair comment For example, the Ravaya weekly newspaper and criticism, factual and objective has introduced its own ethical guidelines, reporting, the use of fair methods which are comparable to the Code of to obtain information, etc. The code Professional Practice drawn up by the Editors’ should also nurture a media culture Guild. Ravaya was the rst ankan edia where media organisations are willing organisation to have an inhouse ombudsman: to correct mistakes, and respect the it was discontinued due to logistical condentialit of their sources diculties but a reial is bein lanned The associations of journalists and the media owner representatives Recommendations should develop agreements on the rights and duties of the editors, as an The private, public and community efectie echanis to ensure editorial media should implement mechanisms independence within media companies. for journalists codes of ethics, provisions to ensure editorial independence, and The media should ensure they have editorial guidelines. One option is a codes of ethics and editorial guidelines system of receiving public complaints and publicize them widely so that there through a Reader’s Editor (or its is more transparency and they are used broadcast equivalent) in each media in actual practice. All journalists should house, who can establish how public receive a copy, or know where to consult complaints will be processed and such materials readily. Journalists’ disclose the changes, punishments or associations and unions should more claims that have happened as a result. actively promote such practices. 130 Rebuilding Public Trust ective 3 09 broadcasting code setting out requirements for fairness and impartiality

here is no broadcasting code followed by all radio and television broadcasters REQUIREMENTSD Tin Sri Lanka. The Media Ministry’s attempt in 2013 to standardise terms of FOR broadcast licences was resisted by some broadcasters. FAIRNESS An early restriction that disallowed private AND broadcasters from covering or carrying any news was removed in 1994. There IMPARTIALITY is no licensing requirement for editorial impartiality and fairness. However, during times of elections, the Commissioner of Elections issues guidelines for both print and broadcast media to ensure fairness, balance and impartiality. These guidelines coer news and current afairs talk shows and all other programming that could involve a political party or candidate or their promoters.

These guidelines, which only apply during election periods, are not always followed. For example, despite clear guidelines issued by the Commissioner of Elections soon after announcing the last presidential election in January 2015123, these were ignored and violated by the state broadcasters that openly supported the incumbent president (who ultimately lost despite this) and also

123 http://documents.gov. lk/Extgzt/2014/PDF/ Nov/1890_02/1890_ 02%20E.pdf

Rebuilding Public Trust 131 allowed the then ruling party to malign periods combined with a more general rule the other candidates. On election day, the on balance and impartiality in between Commissioner had to personally intervene to elections. stop state TV from carrying false reports.124 Some private broadcasters had their political Prevailing election laws do have a few allegiances too, but at least tried to maintain provisions relating to the media. For a semblance of balance and refrained from example, Presidential Election Act No 15 of attacking any candidate (as state media did). 1981, in section 117, covers broadcasts by the candidates, and spells out the obligations of Transparency International Sri Lanka, which national broadcasters (e.g. in giving equal monitors state media’s conduct in terms of free airtime to all candidates). But these were governance, has recently recommended: drafted in the pre-web era and need to be “Once an election is declared all State updated.126 media institutions should come under the supervision of the Election Commission or However, there is no statutory limit to the the Commissioner. Laws should be amended volume or frequency of paid advertising to enable the Election Commissioner to by any political party or candidate during appoint a competent authority to oversee elections lso the state edia nd arious State media institution. The Commissioner other means to promote candidates from should also be authorised to supervise the ruling party, for example in the guise and issue guidelines to all private media of interviews, programmes on national institutions to prevent election malpractices.” development or talk shows, etc. 125 In formulating codes of ethics and n ractice it would be dicult to ileent professional conduct for Lankan broadcast this and it would clearly interfere with media, existing guidelines by All India editorial freedom of broadcasters. A suitable Radio 127 and the British Broadcasting middle ground needs to be found, perhaps Corporation 128 may be considered. in giving the Election Commission more teeth to enforce its rulings during election

124 http://www. 126 http://www.commonlii. 127 All India Radio Code: ft.lk/2015/01/09/ org/lk/legis/num_act/ http://www.newsonair. polls-chief-reads-riot- pea15o1981280/s117.html com/full_news. act-to-rupavahini-over- asp?type=link&id=71 sajith-crossover-story-on- polling-day/ 128 BBC Editorial Guidelines: http://www.bbc.co.uk/ 125 http://www.tisrilanka. editorialguidelines/ org/?p=12828 guidelines

132 Rebuilding Public Trust B O X 15 State Media’s Conduct During Presidential Election 2015 tate media institutions (SLBC, SLRC, each candidate whether such news ites SITN Sri Lanka and Lake House) being ealted or deated the candidates iae misused for ruling party propaganda whether focus was on the main issues and reaches its peak when a key national policies of candidates rather than personal election is declared. When the last ualities and inforation on oter Presidential Election was declared on 20 education. November 2014, the civil society group Transparency International Sri Lanka ere are soe of their ke ndins that (TISL) started monitoring state media to conr hihl artisan conduct of state gather evidence of the extent and scale of media: such misuse. here was clear eidence of state edia promoting or discrediting a presidential This was done under TISL’s Programme candidate, thus violating the guidelines for Protection of Public Resources (PPPR), presented by the Commissioner of an initiative by to combat corruption and Elections. for the protection of public resources ews coerae tie set aside for during elections. PPPR seeks to uphold the UPFA candidate (the incumbent the integrity of the electoral process by President) was several times more than ensuring that public resources are not the common opposition candidate (who misused and abused for propaganda ultimately won). purposes during the election period, and wo state owned edia wherever possible to take preventive institutions, SLRC and the ITN, action in partnership with the relevant aired an unprecedented number of authorities. advertisements both during peak and of eak hours on behalf of the “All state-owned and state-controlled candidate (who was the incumbent media therefore have an important President), without receiving the due obligation to provide citizens with accurate, payments. impartial and balanced coverage regardless urin the last few das of the election of which political party or parties are in campaign, PPPR noted 40 commercials power. It is proper and even necessary for being aired in a single hour promoting citizens’ organizations, political parties the UPFA candidate both on ITN and and candidates to insist on media fairness, SLRC. balance and accuracy and to call upon learl iolatin the uidelines issued government authorities to manage public by the Commissioner of Elections, media in a way that safeguards citizens’ SLRC and ITN broadcasted live the rights to the information they need as nal rallies of the candidate on voters,” TISL said. and 5 January 2015.

TISL/PPPR monitored all state media Source: channels in Sinhala, Tamil and English Electoral Integrity: A Review of the Abuse from 21 November 2014 to 10 January of State Resources and Selected 2015 (including Election Day of 8 January). Integrity Issues during 2015 Presidential Both quantitative and qualitative data was Election in Sri Lanka (TISL, March 2015). collected through primary and secondary http://www.tisrilanka.org/during-an- sources. Among the factors studies were election-all-state-media-institutions- the number of news items allocated for should-come-under-election-commission/Rebuilding Public Trust 133 Recommendations

The broadcast media should be regulated by a modern legislative framework that is implemented by an independent body made up of ualied ersons who reresent the public interest, and who are independent of political and commercial interests. This regulator should establish and enforce guarantees of editorial independence, and develop a broadcasting code which sets out fairness and impartiality rules for all broadcasters. The broadcasting code, however, should not compromise the editorial independence of the media by becoming a cloak for censorship or interference. The broadcasters should actively participate in the preparation of this code.

The codes of conduct governing the print and broadcast media should address, in particular, their conduct during elections, as well as in between elections, including the need for requirements of fairness and impartiality, taking into account the Elections Commission’s own guidelines issued during each election campaigning period. The independent broadcast regulator should monitor broadcasts to verify compliance.

134 Rebuilding Public Trust ective 3 10 enforcement of broadcasting code

n the absence of an industry-wide general code, or an independent regulator Recommendation empowered to administer such a code, I The proposed independent broadcast this does not arise. regulator, once established, and The former government drafted a Code of the broadcast industry should Media Ethics which was meant to cover all collaboratively develop and adopt print, broadcast and online media. However, professional guidelines and ethical journalists and advocacy groups expressed standards for all broadcast media in deep concerns that its provisions were Sri Lanka. Such professional standards overbroad and could curtail media freedoms should include an obligation on all already under threat in Sri Lanka. In June broadcasters to be fair and impartial in 2013, the then president Rajapaksa assured their treatment of political issues and editors that the government was not going other matters of public concern. ahead with the code.129

129 Sri Lanka withdraws controversial press code – AFP report dated 23 June 2013. http://bit. ly/1DY74h1

Rebuilding Public Trust 135 Politicians misusing TV - as seen by cartoonist W R Wijesoma, Divaina 24 January 1989

Cartoon by Awantha Artigala, in Daily Mirror - 2 December 2014

136 Rebuilding Public Trust The public 3 11 displays high levels of trust and confdence in te media

his has long been discussed, yet there is inadequate evidence to determine LEVELSE OF Tthe level of public trust of the media in Sri Lanka. More research is needed. PUBLIC A countrywide survey in 2010 on public TRUST perceptions on climate change, which was based on a random sample of 1,000, found AND that the mass media serve as the main sources of inforation for current afairs CONFIDENCE and events for most Lankans (led by TV and followed by radio and newspapers in that IN THE order). When asked about which sources of information they trust, an overwhelmingly MEDIA high percentage of respondents cited TV, Internet, radio and newspapers (over SMS alerts, educational institutions and their own peers).130

A citizens’ feedback survey commissioned secicall for this stud coerin randol selected 800 respondents across Sri Lanka, found of resondents are satised with the credibility of media messages while 49% opted for the answer ‘neutral’. The same survey found that the most trusted types of media was television (56%), followed by newspapers (20%) and the Internet (21%). Findings of this survey are summarized in Annex 7.

130 Survey on Public Perceptions on Climate Change in Sri Lanka, 2010. Conducted for Ministry of Environment. http://www. academia.edu/2921623/ Survey_on_Public_ Perceptions_of_Climate_ Change_in_Sri_Lanka_2010

Rebuilding Public Trust 137 Media 3 12 organisations are responsive to public perceptions of their work

here is no industry-wide practice in Sri Lanka of media houses regularly Tsurveying the public or their respective SAFETYF audiences for feedback. OF The state broadcasters have historically evolved audience research units to conduct JOURNALISTS surveys to gather public feedback . Both SLBC and SLRC maintain such units, but accordin to inside sources such ndins are often not heeded by the programme planners. In fact, research units are considered a low institutional priority and a place to which ‘punishment transfers’ are made.

Some private broadcasters have public outreach programmes – for example, going to schools or trade fairs and talking about their work – but these appear to be subtle marketing exercises rather than serious attempts to understand audience mindsets.

Most mainstream media organisations are unresponsive to public criticism of their content expressed in the social media. Recommendation

The media should respect the highest professional standards to improve citizens’ perception of their (media’s) work.

138 Rebuilding Public Trust Journalists, 3 13 associated media personnel and media organisations can practice their profession in safety

xtra-legal pressures and threats on fourth worst country for journalists (after Lankan media personnel and media Iraq, Somalia and the Philippines) in its Eorganisations restrict their freedom to Global Impunity Index that spotlights practice their profession without fear. countries where journalists are slain and the killers go free. CPJ said, “…the This needs to be placed in the wider context of how the Rajapaksa government related to the media in a frequently adversarial Journalists as Human Rights manner. However, governments are not the Defenders only source of intimidation and harassment of the media. There are also rising levels of “…journalists have a broad intolerance and extremism in society that act mandate to gather information against free and open discussion of ideas. and disseminate it to a public As a platform for debate and messenger audience through print, radio or of news, the Lankan media comes under television media. In their general pressure from many fronts. role, journalists are not human rights defenders. However, many In June 2012, Sri Lanka was one of 16 journalists do act as defenders, countries named by the UN Special for example when they report on Rapporteur on the promotion and protection human rights abuses and bear of the right to freedom of opinion and witness to acts that they have seen.” expression for “attacks against journalists during coverage of street protests and - Excerpted from ‘Who Are Human demonstrations, such as arbitrary arrests igts eenders y fce o te and detention, verbal and physical attacks, UN Human Rights Commissioner conscation or destruction of euient as http://www.ohchr.org/EN/Issues/ well as killings.”131 SRHRDefenders/Pages/Defender. aspx In 2014, Committee to Protection Journalists (CPJ) ranked Sri Lanka as the

131 http://www.ohchr. org/Documents/ HRBodies/HRCouncil/ RegularSession/Session20/ A-HRC-20-17_en.pdf

Rebuilding Public Trust 139 government of Mahinda Rajapaksa has and East continue to face problems with shown no political will to address its law enforcement, military and para-military record of perfect impunity in the nine groups. murders of journalists that have taken lace under his leadershi rst as rie on the ost afected edia minister and then as president.”132 organisations in Sri Lanka is the privately owned Tamil language newspaper Uthayan, In its October 2014 report titled ‘The Road which is based in afna and has the hihest to Justice’, CPJ listed 9 journalists who circulation in the Northern Province. have been murdered in Sri Lanka in direct Between 1987 and 2014, the newspaper’s connection to their work from the beginning staf and reises hae coe under of 2004 through 2013.133 These have not been numerous attacks. adequately investigated and perpetrators not prosecuted, leading to a climate of complete As IFJ’s South Asia Press Freedom Report impunity. 2014-15 notes, “In the long history of media suppression in Sri Lanka, Uthayan has been ustained harassent and ilication droe the subject of the greatest number of attacks. some journalists into exile (see 3.14) and Attacks against the paper stand out even those remaining in the media profession in in the past 10 years, during which media ri anka faced diculties accessin the suppression increased in the name of war former war zones and internment camps, and htin terroris urin this eriod and in covering the resettlement process in serious attacks were launched to suppress the north and east. media and intimidate journalists in the North. Due to measures taken to murder Freedom of the Press 2014 reports how, on ideas with the intention of preventing the several occasions during 2013, foreign news revelation of the plight of people living in teams were prevented from covering stories a war zone, as well as the problems of the in the north and east. These restrictions seem post-war period, journalists in the North to have eased out after the January election, were forced to live in secrecy, hounded as but local journalists working in the North though they were terrorists.”134

132 https://cpj.org/ 134 http://www.ifj.org/ reports/2014/04/ nc/news-single-view/ impunity-index-getting- backpid/33/article/the- away-with-murder.php freedom-frontier-south- asia-press-freedom-report- 133 https://cpj.org/ 2014-15-launched/ reports/2014/10/the- road-to-justice-appendix1- impunity.php

140 Rebuilding Public Trust Sometimes journalists performing their Eknaligoda’s family and human rights eld reortin duties hae coe under groups like Amnesty International claimed indiscriminate attacks by police or armed that the then government played a role in forces. For example, on 1 August 2013, local his disappearance.136 The then government residents in Weliweriya in the Gampaha denied the charge. A fresh criminal district (close to Colombo) demonstrated investigation launched after the change against a factory they claimed polluted the of government has since revealed that area’s groundwater. The former government Ekneligoda was abducted and later killed responded with disproportionate force, b ilitar ocials he udicial case was in killing and injuring unarmed civilians. roress at the tie this reort was nalised Journalists covering the incident were in January 2016.137 threatened and some came under attack by the armed forces.135 Media freedom groups and journalists’ associations engaged President Sirisena During the past decade, certain media during his election campaign to obtain houses or individual journalists were pledges of ensuring media freedom and ublicl ilied or cae under hsical ending the culture of impunity for those who attack by non-state players, such as ultra- suppress such freedom. Some long neglected nationalist groups. criminal investigations have been re-opened under the current government. The January 2010 disappearance of cartoonist and web journalist Prageeth Eknaligoda has Important steps for restoring media freedom been highlighted globally, including at the were taken within days of the current UN Human Rights Council. The freelance government being formed in January 2015. journalist and cartoonist went missing on President Sirisena and Prime Minister Ranil 24 January 2010, two days before the 2010 Wickremesinghe started dismantling the presidential election. He had been active rigidly authoritarian rule of former president in the presidential campaign of opposition Rajapaksa. They sought to end intimidation candidate Sarath Fonseka who challenged of the media, which had become endemic the incumbent Mahinda Rajapaksa. under the previous government, and

135 http://en.rsf.org/ 136 http://www.amnesty.org. 137 http://www.theguardian. sri-lanka-soldiers- uk/write-rights-prageeth- com/world/2016/jan/29/ attack-journalists-05-08- eknaligoda-sri-lanka#. sri-lankas-missing- 2013,45019.html VUL86_DkqSo thousands-one-womans- siearhttondher husband

Rebuilding Public Trust 141 Recommendations

he oernent should take efectie steps to ensure that all attacks and threats against journalists and other media workers, as well as media institutions and printing presses, are investigated properly (through police and judicial processes), and that all perpetrators are held accountable and punished. This would contribute to ending the culture of impunity that has Poster demanding justice for Prageeth Eknaligoda, prevailed for over a decade. missing since 24 January 2010 All media companies should establish reopened an investigation into the 2009 safety and security policies to protect January murder of Lasantha Wickrematunge, the lives of their personnel while chief editor of the Sunday Leader newspaper performing hazardous reporting and a vocal critic of Rajapaksa.138 tasks in the eld and contribute to a Meanwhile, the Cabinet spokesman assured climate of security and independence that private citizens’ telephone conversations of economic interests and/or will no longer be tapped by the state particular political leanings, favouring intelligence services.139 journalistic freedoms and avoiding self-censorship. However, media freedom activists still await legal, administrative and other reforms to ucient resources and attention avoid a recurrence of attacks on the media should be directed towards ensuring and to end the culture of impunity that that all of the journalists’ murders that surrounded attacks on journalists and other have taken place in Sri Lanka are the media workers. subject of detailed and professional investigations. 139 http://www.theguardian. com/world/2015/jan/10/ sri-lanka-president- maithripala-sirisena- promise-change

http://www.reuters. com/article/2015/01/11/ us-sri-lanka-rights-media- idUSKBN0KK0G020150111

142 Rebuilding Public Trust B O X 16 How Self-censorship Corrodes Democracy and Hampers Reconciliation

elf-censorship occurs when journalists By arbitrarily arresting and detaining one Son their own choose not to publish journalist for criticizing the government, certain information or opinions. Journalists the State may silence ten others. The rights resort to self-censorship because they are of the detained journalist to freedom of fearful of what could happen -- being expression and against arbitrary arrest slapped with crippling lawsuits, being and detention have clearly been directly deried of sinicant adertisin bein violated. But, although the government castigated by a powerful section of society, has also violated the right to freedom of injury to themselves and/or families, or expression of the ten other journalists who (in the worst case) death. are intimidated into silence, because that intimidation is indirect, it is much harder Journalists and media organisations in Sri to prove…Thus, they are likely to take the Lanka have self-censored their work for threat to heart and remain silent, which many years, out of fear of (or deference means both that the violation of their to) politicians, military, clergy and freedom of expression goes undetected business interests. The practice reached and the role of the media as watchdog is unprecedented heights during the last few undermined.” years of the civil war and its aftermath. In her view, while violations of freedom Clare Boronow, a postgraduate law of expression and the resulting self- student at University of Virginia School censorship can impair the democratic of Law, studied the phenomenon in 2012. process in every nation, they are Her interviews with many journalists, particularly dangerous in Sri Lanka. editors, activists and lawyers revealed “a The country is only just beginning to pervasive culture of fear-induced self- recover from nearly three decades of war. censorship among the Sri Lankan media Although the LTTE has been defeated, the that prevents the full and open discussion ethnic tensions that fueled the war remain. of the Government and the recent war”. By silencing public discussion of the war and the Rajapaksa administration, she In her resulting paper, she noted: “It is argued, “the Government is hindering the clear, therefore, that despite its express reconciliation and reform necessary for Sri guarantee of freedom of expression, Sri Lanka to move forward to a sustainable Lanka’s Constitution is failing to protect peace.” that right in practice.” Source: Silencing the Media in Sri She added: “While most of the Lanka: How the Sri Lankan Constitution consequences of State violations of Fuels Self-Censorship and Hinders human rights are visible, self-censorship Reconciliation is particularly invidious because it is http://www.vjil.org/assets/pdfs/vol53/ inisible and its efects are unuantiable Boronow-Finalized-v1.pdf

Rebuilding Public Trust 143 Media 3 14 practice is not harmed by a climate of insecurity

hreats of attacks and actual incidents of coverage of the situation in Sri Lanka. physical violence in recent years led to The fall in the number of physical attacks, Ta climate of fear and widespread self- threats and cases of imprisonment is to censorship among journalists in Sri Lanka be welcomed, but it is worrying that the (see also Box 16). authorities are blocking the return of real editorial freedom.”142 Such attacks and the impunity with which perpetrators conducted them were the Journalists who left Sri Lanka are living ke factors behind a sinicant nuber of in diferent countries in uroe ainl journalists going into exile. By end 2014, Sri Switzerland and the UK), the United States, Lanka was among the top 10 countries from and a few in Asia (India, Nepal). Some have where ournalists had ed accordin to opted for various media related jobs, while that tracks threats to working journalists others are working for the already well- around the world.140 established Diaspora media. A few have started their own websites individually or In its Freedom of the Press 2014, Freedom collectively. House said, “Several dozen journalists and media freedom activists have gone into An organisation called Journalist for or remained in exile…leaving the sector Democracy in Sri Lanka (JDS) was founded without many of its most experienced in July 2009 by a group of exiled journalists professionals.”141 living in Europe. By 2012, they had more than 30 journalists among its membership. Reporters Without Borders (RSF) said in Their blog features news about human rights December 2010 that at least 55 Sri Lankan and journalistic freedom.143 journalists -- including many press freedom actiists had ed their countr between A documentary called ‘Silenced Voices’ (60 2008 and 2010 fearing for safety. “RSF mins, 2012), made by Norwegian broadcast condemns the new forms of censorship and journalist Beate Arnestad, highlighted obstruction being used by government to the conditions under which Sri Lankan prevent diverse and freely-reported media journalists live and work in exile and has

140 https://cpj.org/exile/ 141 https://freedomhouse. 142 http://en.rsf.org/sri-lanka- 143 http://www.jdslanka.org org/report/freedom- less-anti-media-violence- press/2014/sri-lanka#. in-2010-30-12-2010,39197. VUL0uvDkqSo html

144 Rebuilding Public Trust heled to raise their role t featured four exiled journalists: Sonali Samarasinghe, Bashana Abeywardane, Sharmila Logeswaram and A. Lokeesan.144

“Exiled journalists and Diaspora groups have established good contacts with the western media through which they are able to take on the Sri Lanka government. Since these groups are comparatively more active in the UK, the media here are able to brin out ore critical stories hese eforts have caused the Sri Lankan government considerable embarrassment,” wrote Swaminathan Natarajan, a BBC journalist who researched on ‘Media Freedom in Post War Sri Lanka and its Impact on the Police investigate scene of attack of privately owned Sirasa TV and radio network which Reconciliation Process’ in 2012.145 took place on 6 January 2009 - Photo Ishara S. Kodikara from AFP In mid 2014, the media minister of the new government, Gayantha Karunathileke, said the new government will investigate Recommendation all journalists’ murders committed since 2005 and create a backdrop conducive for All laws which contain an indemnity ournalis to ourish e has also inited provision which applies to threats “all exiled journalists to come home and or attacks on the media should be practice their craft”. So far, very few have amended to ensure that the truth 146 returned. about human rights violations can be established and made public, and that those who commit human rights violations cannot escape justice. 144 httsilencedoicesl 146 reutersinstitute.politics. com/synopsis.html ox.ac.uk/publication/ media-freedom-post-war- 145 ‘Media Freedom in sri-lanka-and-its-impact- Post War Sri Lanka reconciliation-process and its Impact on the Reconciliation Process’ As quoted in IFJ report of in 2012. Reuters March 2015, p4: http:// Institute for Study of wwwiforleadin Journalism. University iaessiaacic of Oxford, 2012. http:// AP/reports-etc/Gender_ and_Media_in_Sri_Lanka Rebuilding Public Trust 145 Journalists protest attacks on media in Sri Lanka - image courtesy Colombo Gazette

Journalists protest demanding media freedom - Fort Railway Station, Colombo - 23 November 2007 - Photo by Dushiyanthini Kanagasabapathipillai 146 Rebuilding Public Trust CATEGORY 3 Media as a platform for democratic discourse Collation of Recommendations

Indicator Relevant Recommendation

3.1 The media 1. The government should promote media pluralism in – public, Sri Lanka through appropriate policies, regulations private and and other measures to ensure that the particular needs community- of demographic groups like children, women, ethnic based – serve and religious minorities, older persons, residents of the the needs of estate sector and those with disabilities are served by the all groups in media. This can be accomplished through inclusive media society olicies secic licensin conditions for broadcasters independent regulators fostering diversity in the broadcasting sector, and by enacting laws recognising a three tier broadcasting system (public service, commercial and community), and by fostering content diversity through funding support to independent producers.

2. The media, particularly radio and television stations, should ofer ore saces to foster cultural and lanuae diversity and gender equality, and to address issues of interest to secic andor ulnerable rous oen should be portrayed avoiding stereotypes. For this purpose, more women journalists should be involved in the news production processes. Public media should equitably represent the opinions of the entire political spectrum.

3.2 Media 3. The media industry should endorse the notion of media organisations pluralism, and commit to it at editorial, personnel reect social and management levels. While following merit-based diversity recruitment policies, media companies should consider through their the oerall need for their staf to better reect the ethnic employment diversity of Sri Lanka, and adopt policies to recruit more practices journalists from minority ethnic and language groups, as well as more women and persons with disabilities.

Rebuilding Public Trust 147 Indicator Relevant Recommendation

3.3 The goals of 4. The government should initiate legal reforms to transform public service the state-owned and state-managed broadcast media broadcasting (SLBC, SLRC and ITN) into truly independent public are legally service broadcasters (PSBs) so as to serve the public dened and interest without any political interference. PSBs must guaranteed be independent from government in their governing structures and have full editorial autonomy. The PSBs’ independence from the state should be legally guaranteed, including through the appointment of independent governing boards and the editorial independence of the broadcaster and its professional and editorial staf fro the oernin board should also be protected. Drafting a PSB law should take into account a range of PSB models in Europe, Canada and Asia.

5. The government should ensure that PSBs’ public funding is secure, long term and stable to protect them from arbitrary political interferences and market forces. There should be public funding mechanisms for PSBs.

6. The rules should set out clearly the public service andate of the ublic edia in soe detail with a secic focus on the particular public service needs of the country.

7. The rules should also place a positive obligation on the public media to remain accountable to the people of Sri Lanka, including through the Parliament but also in more direct ways, for example through establishing audience councils and conducting direct public interactions to assess the response to their programming.

3.4 The operations of public service broad- casters do not experience discrimi- nation in an eld

148 Rebuilding Public Trust Indicator Relevant Recommendation

3.5 Independent 8. A public consultation should be undertaken to decide and transparent the future status of the state-owned print media system of organisation (Lake House/ANCL). All options, including governance its transformation into public service media, full privatisation and broad-basing ownership, should be considered.

9. The State broadcasters should be transformed into true public service broadcasters subject to oversight by truly independent governing boards which are accountable to the public through Parliament.

3.6 PSBs engage with 10. Civil society organisations (CSOs) should actively the public and campaign for the introduction of independent PSBs in Sri CSOs anka and also nd creatie was of eneratin fundin for sustaining PSBs.

11. Public media in Sri Lanka should be placed under a ositie obliation to enae in creatie and efectie ways with the public, so as to ensure that their programming meets the needs of the public. In particular, the creation of an audience council(s) as a sounding board for the public should be considered.

3.7 Print and 12. The Sri Lanka Press Council Act No 5 of 1973 should be broadcast media repealed, and the state apparatus known as Sri Lanka hae efectie Press Council should be abolished. mechanisms of self-regulation 13. The media industry should strengthen the Press Complaints Commission of Sri Lanka (PCCSL) and also explore expanding its scope to cover broadcast and entirely web-based news media outlets. A national consultation should be held with all relevant stakeholders to determine how best to proceed. The co-regulation model -- as is done in Indonesia with Dewan Pers (“Press Council”) -- is recommended. The revamped PCCSL should have legal powers to enforce rulings. Rebuilding Public Trust 149 Indicator Relevant Recommendation

3.7 Print and broadcast 14. If the broadcasters are not agreeable to be part of PCCSL, edia hae efectie they should set up their own public complaints and mechanisms of self- grievance mechanism covering broadcast content. One regulation option is for this to be part of the proposed independent broadcast regulator.

3.8 Media displays 15. The private, public and community media should culture of implement mechanisms for journalists codes of ethics, self-regulation provisions to ensure editorial independence, and editorial guidelines. One option is a system of receiving public complaints through a Reader’s Editor (or its broadcast equivalent) in each media house, who can establish how public complaints will be processed and disclose the changes, punishments or claims that have happened as a result.

16. Private, public and community media should create and guarantee diverse mechanisms for citizen participation, beond interactiit ensurin that citiens can inuence the programming and working toward educational processes.

17. The associations and unions of journalists should actively promote the profession’s code of ethics (or code of conduct) focusing on accepted principles, such as the respect for truth and the public’s right to know all sides of a matter, the right to fair comment and criticism, factual and objective reporting, the use of fair methods to obtain information, etc. The code should also nurture a media culture where media organisations are willing to correct mistakes, and respect the condentialit of their sources

18. The associations of journalists and the media owner representatives should develop agreements on the rights and duties of the editors as an efectie echanis to ensure editorial independence within media companies.

150 Rebuilding Public Trust Indicator Relevant Recommendation

3.8 Media displays 19. The media should ensure they have codes of ethics and culture of editorial guidelines and publicize them widely so that there self-regulation is more transparency and they are used in actual practice. All journalists should receive a copy, or know where to consult such materials readily. Journalists’ associations and unions should more actively promote such practices.

fectie 20. The broadcast media should be regulated by a modern broadcasting legislative framework that is implemented by an code setting out indeendent bod ade u of ualied ersons who requirements represent the public interest, and who are independent for fairness and of political and commercial interests. This regulator impartiality should establish and enforce guarantees of editorial independence, and develop a broadcasting code which sets out fairness and impartiality rules for all broadcasters. The broadcasting code, however, should not compromise the editorial independence of the media by becoming a cloak for censorship or interference. The broadcasters should actively participate in the preparation of this code.

21. The codes of conduct governing the print and broadcast media should address, in particular, their conduct during elections, as well as in between elections, including the need for requirements of fairness and impartiality, taking into account the Elections Commission’s own guidelines issued during each election campaigning period. The independent broadcast regulator should monitor broadcasts to verify compliance.

fectie 22. The proposed independent broadcast regulator, enforcement of once established, and the broadcast industry should broadcasting code collaboratively develop and adopt professional guidelines and ethical standards for all broadcast media in Sri Lanka. Such professional standards should include an obligation on all broadcasters to be fair and impartial in their treatment of political issues and other matters of public concern.

Rebuilding Public Trust 151 Indicator Relevant Recommendation

3.11 The public displays high levels of trust and condence in the media

23. The media should respect the highest professional standards to improve citizens’ perception of their (media’s) work.

3.12 Media organisations he oernent should take efectie stes to ensure are responsive to that all attacks and threats against journalists and other public perceptions of media workers, as well as media institutions and printing their work presses, are investigated properly (through police and judicial processes), and that all perpetrators are held 3.13 Journalists, associated accountable and punished. This would contribute to media personnel and ending the culture of impunity that has prevailed for over media organisations a decade. can practice their profession in safety 25. All media companies should establish safety and security policies to protect the lives of their personnel while erforin haardous reortin tasks in the eld and contribute to a climate of security and independence of economic interests and/or particular political leanings, favouring journalistic freedoms and avoiding self- censorship.

ucient resources and attention should be directed towards ensuring that all of the journalists’ murders that have taken place in Sri Lanka are the subject of detailed and professional investigations.

3.14 Media practice is not 27. All laws which contain an indemnity provision which harmed by a climate applies to threats or attacks on the media should be of insecurity amended to ensure that the truth about human rights violations can be established and made public, and that those who commit human rights violations cannot escape justice. 152 Rebuilding Public Trust Category D TAXATION AND BUSINESS REGULATION

Professional capacity building 4and supporting institutions that underpins freedom of expression, pluralism and diversity Rebuilding Public Trust 153 KEY INDICATORS

A AVAILABILITY OF PROFESSIONAL MEDIA TRAINING 4.1 Media professionals can access training appropriate to their needs 4.2 Media managers, including business managers can access training appropriate to their needs 4.3 Training equips media professionals to understand democracy and Development

B AVAILABILITY OF ACADEMIC COURSES IN MEDIA PRACTICE 4.4 Academic courses accessible to wide range of students 4.5 Academic courses equip students with skills and knowledge related to democratic development

C PRESENCE OF TRADE UNIONS AND PROFESSIONAL ORGANISATIONS 4.6 Media workers have the right to join independent trade unions and exercise this right 4.7 Trade unions and professional associations provide advocacy on behalf of the profession

D PRESENCE OF CIVIL SOCIETY ORGANISATIONS 4.8 CSOs monitor the media systematically 4.9 CSOs provide direct advocacy on issues of freedom of expression 4.10 CSOs help communities access information and get their voices heard

154 Rebuilding Public Trust “We reiterate our commitment to further co- media professionals coming together in oeration and unity in our eforts to romote 2003 to set up the Sri Lanka Press Institute the freedom of eression in general and media (SLPI). It is an industry platform “to freedom in articular e, therefore, call uon provide direction and leadership in media media organisations to overcome diference of related activities”. Its co-founders are oinion and divergences in style in order to the Newspaper Society of Sri Lanka, the wor together to actualie this common vision Editors’ Guild of Sri Lanka, the Free Media Movement, and the Sri Lanka Working Those were the concluding words of the Journalist Association. Colombo Declaration on Media Freedom and Social Responsibility, issued at the end of a It is against the above backdrop that Sri symposium on Media Freedom and Social Lanka’s media sector capacity building Responsibility, held in April 1998 and jointly needs and support for relevant institutions organised by the Sri Lanka Working Journalists’ can be assessed. Association, the Free Media Movement, the Editors’ Guild of Sri Lanka and the Newspaper Association of Sri Lanka together with the World Association of Newspapers and the Centre for Policy Alternatives.

The document soon became the ‘Media Charter’ on which the country’s publishers, editors, journalists and media activists based their advocacy campaigns for greater media freedom while also developing higher levels of professional responsibility.

One key outcome of the Colombo Declaration was the media industry and

Rebuilding Public Trust 155 B O Media Education, X 17 Media Studies and Journalism Education

he terms media education, media Tstudies and journalism education are used interchangeably, but they actuall hae secic eanins AVAILABILITYA Journalism education provides the foundation as theory, research OF and trainin for the efectie and responsible practice of journalism. PROFESSIONAL As the World Journalism Education Council’s Declaration of Principles MEDIA in 2007 said, at the heart of journalism education is a balance TRAINING of conceptual, philosophical and skills-based content. While it is also interdisciplinary, journalism education is an acadeic eld in its own right with a body of knowledge and theory. (See: http://wjec.net/ declaration-of-principles/) This does not include coursework in public relations, advertising, or other forms of public communication.

Media education or Media Studies is the process of training and learning about media, by acquiring a general competence in the production and reception techniques of the media industry. It gives the learner a better capacity to analyze media texts (written, audiovisual and digital productions) so as to understand their meaning and evaluate their values. This is a discipline in the domain of sociology: while it covers some of the same ground as journalism education, the approach is quite diferent

156 Rebuilding Public Trust Media 4 01 professionals can access training Why Journalism Education and appropriate to their Training Matters for Democracy needs “Professional news media acts as a guardian of public interest. It is an important component of the checks and ompared to 20 years ago, there now balances that form part of a are more journalism/media training democracy. By disseminating Ccourses and providers. information to citizens, the news media enables citizen Some journalist training courses aim to participation in development enhance basic or intermediate skills in and strengthens accountability the craft of journalism. Others provide feedback mechanisms. Citizens theatic trainin on secic issues or cannot exercise and enjoy topics. their citizenship in the absence of crucial information and Despite the proliferation of journalism knowledge, which well-trained and media training courses and providers, journalists are better placed to there are concerns on quality control, provide. ractical releance and afordabilit of such training. “Therefore, society has a responsibility to ensure its There is an urgent need for more and better journalists have the competencies targeted training for journalists and other to seek out and interpret media industry personnel including media information, and the judgment managers. and integrity to communicate it in as objective and unbiased Right now there is a mismatch between what terms as possible. At the core the industry needs and the type of training of journalism is the need for courses available. This has led to a ‘skills newsroos that are stafed decit in an edia rofessionals and by well-trained and critically- contributes to an overall lack of professional minded journalists who are likely standards in media products. to inuence the rocesses of democracy and development in Unfortunately, media education and training their societies.” is not a priority for most media companies. - UNESCO Website, on Journalism Education and Training http://www.unesco.org/ new/en/communication- and-information/media- development/journalism- education-and-training/

Rebuilding Public Trust 157 Human resource management policies of The state media houses have their own many media companies do not explicitly inhouse training divisions (these include support the continuing education needs of SLBC Training Institute150 and the inhouse their journalists. Also, promotions are not training centre at ANCL/Lake House). linked to the acquisition of new skills or ualications Some of SLBC’s training courses – covering topics such as educational broadcasting and Training is often pursued by individual interviewing for radio – are also available to journalists out of personal motivation, and fee-paying outsiders. using their own funds. Institutionalised training funds are mostly made available by A National centre for Sri Lanka’s entities outside the media industry -- such media industry as advocacy organisations and development donors. The need for an independent journalist training facility has been felt for a long There are various courses for aspiring or time. In 2002, the Swedish International entry-level journalists, but opportunities Development Cooperation Agency (SIDA) for mid-career or in-service training are commissioned a study of Sri Lanka’s more limited. The existing courses are not journalist training needs. The three member standardized or benchmarked. According team consulted many stakeholders and to one media industry watcher, there is no wrote: “In Sri Lanka, study programmes on training course that produces good news journalism are found in universities, semi- journalists with quality investigative and government institutions and privately run analytical skills. institutions…There seems to be a variety of privately run programmes of varying quality, Other aspects of training also need attention but it has been dicult to for an idea about and investment. These include the current them during the time that was available to lack of pedagogically trained media trainers, the team. Apart from these, a certain amount and journalism education text books in the of on the job training takes place, although it local context. seems to be of a rudimentary nature.”151

150 http://slbctraining. blogspot.com/

158 Rebuilding Public Trust The SIDA study recommended that a new the media industry. However, it needs a training facility be set up, as a “combined serious evaluation and reorientation to relate efort in which coetencies fro diferent to the evolving socio-political opportunities. sources – universities, NGOs and the media SLPI has been drastically scaled down -- – take a joint responsibility would have the including the training arm -- due to funding necessary credibility and capacity to create a constraints. basis for a new development. This alternative seems also to be supported by media Sri Lanka College of Journalism (SLCJ) proprietors, newsroom managers, journalists and government representatives. It is also The Sri Lanka College of Journalism (SLCJ) strongly emphasised by non-governmental was established in 2004 to improve the organisations involved in the struggle for a quality of journalism education in Sri free media sphere in Sri Lanka.”152 Lanka. Its curriculum was designed by senior professionals in the media industry SIDA’s mission coincided with the Lankan with inputs from FOJO media institute, the media industry’s own initiatives following journalism training arm of the University of 153 the Colombo Declaration of 1998. These Kalmar in Sweden. processes led to the setting up of SLPI in 2003, with policy level backing by the then Historically, SLCJ has catered to to three Ranil Wickremesinghe government, and categories of journalists: entry-level supported by Scandinavian aid donors. journalists, working journalists in and around Colombo, and provincial journalists. Today, SLPI provides the institutional Its courses may be summarized in Table 3: framework for the self-regulatory body, the Press Complaints Commission of Sri Lanka (PCCSL) and the training arm, Sri Lanka College of Journalism (SLCJ). A dozen years after its establishment, SLPI remains the only platform of its kind that could potentially bring together various stakeholders within

151 Journalism Training and 152 Op cit 153 http://www.slcj.lk/about/ Research in Sri Lanka. Stig background/ Arne Nohrstedt, Sunil Bastian and Jöran Hök. April 2002. SIDA. http:// www.sida.se/contentasse ts/2596a99da6904293b210 766eb7735640/journalism- training-and-research-in- sri-lanka_784.pdf

Rebuilding Public Trust 159 ale ierent courses oered y ri ana ollege o ournalism ourse type rainee profle escription and current status

Diploma course High school Aims to produce multi-skilled journalists (print, in journalism: leavers keen to radio, TV and web) with a sound theoretical Pre-service pursue careers in and ethical grounding. Includes a two-month 12 months: media internship at a media company for practical Full time eosure fered in inhala and nlish ail strea susended due to insucient deand

Refresher Early to mid These used to cover various thematic and courses: career journalists specialized topics of use to journalists. No longer In-service and other ofered due to lack of deand but a onth Short-term (3- media industry certicate course in resentation skills is bein days of full-time personnel planned. training)

Training for Aimed at These are conducted occasionally and provincial provincial level opportunistically, often in partnership with journalists journalists, often development organisations. In-service held away from Short-term Colombo

Media ethics are strongly emphasized in all According to its management, over 600 courses. Since 2010, the Diploma and mid- young people have graduated from SLCJ career training also covers new media tools, with the diploma since 2005. During the opportunities and challenges. rst few ears s courses were in hih

160 Rebuilding Public Trust deand as it lled a lon felt need hose reporting and Parliamentary reporting. graduating with SLCJ’s diploma found ready The reasons for this drop are not clear, as employment in the news media as well as newsrooms continue to need training in advertising and public relations industries. these skills. SLCJ’s annual review for 2014 noted that “the employment rate of previous batch of There is also a mismatch between the students directly involved in media work newsroom driven needs of the media still remains fairly high at approximately industry (e.g. balance reporting on 90%”. A few students have also opted to elections, violent crime, sophisticated acts of pursue higher studies. corruption, etc.) and what themes or topics are preferred by development donors for urin the rst few ears s courses provision of funding (e.g. climate change, were in hih deand as it lled a lon felt ostconict rebuildin need. Since around 2010, there has been a decline in student demand for the diploma n the curriculu of s ashi course, and also a drop in market demand diploma course was reviewed and revised for those qualifying. SLCJ management through a consultative process involving attributes this to two factors: a panel of editors, senior journalists and the edia industr has not eanded fast media academics. This was facilitated by enouh to absorb ore entrants and an expert from the Thomson Foundation, donor suort that subsidied course UK, which has a detailed curriculum for fees in early years) has been phased out. the media profession established, which in Students now pay LKR 185,000 (around turn is based on a widely-used UNESCO USD 1,250) for the diploma course. model curriculum for teaching journalism in developing countries.154 There has been a similar decline in numbers registering for various mid-career refresher Currently, SLCJ’s diploma course is being courses. The early years saw SLCJ organizing followed by 16 students. The management various thematic courses on topics such as considers this number to be ‘about right’ for democracy, human rights coverage, elections the media industry’s employment needs.

Rebuilding Public Trust 161 Two other training facilities are worth provides both pre-service and in-service highlighting: training to the media industry at technical and editorial levels. SLTTI was set up in Media Resources and Training Centre with eran technical and nancial (MRTC) aliated to the niersit of assistance, and has evolved over the afna has ioneered ournalist trainin ears s at anuar it was oferin in the North since 2004. Set up with initial a rane of courses at certicate diloa funding support from UNESCO/IPDC and higher diploma levels. Courses followed by Scandinavian funding, MRTC cover topics such as presentation and conducts two courses in journalism: a news readin skills teleision news part-time diploma course in journalism for ournalis nlish for edia diital working journalists and a full-time course cineatorah teleision rorae for university students. Both courses roduction and diital ostroduction cover a range of key topics and include technolo oe courses are ofered in theoretical as well as practical aspects of Sinhala, Tamil and English.156 journalism.155 MRTC has already trained many journalists who are active in the Thematic Training and Bilateral afna edia shere but the tical Exchanges political polarization within the media sector has also afected this institution Besides the above described institutionalised Due to the administrative structure under arrangements, various short duration the university system, the institution workshops and seminars are conducted sometimes is subjected to bureaucratic from time to time by government, non- rocesses that liit its eibilit government or inter-governmental (UN) organisations to build journalists’ capacity Sri Lanka Media Training Institute on thematic issues (e.g. HIV/AIDS, tobacco (SLMTI), under the Media Ministry, control, biodiversity conservation, good was until recently known as Sri Lanka governance, gender equality, intellectual Television Training Institute, SLTTI. Its property laws, human rights, etc.). scope has been expanded, and it now

154 http://www. 155 http://mrtc-uoj.blogspot. thomsonfoundation. com org/news-and- features/2013/04/04/sri- lanka-shaping-the-future- of-journalism-training

162 Rebuilding Public Trust No centralised data is available on the Institute for Broadcasting Development content of these ad hoc training activities, or (AIBD) in Malaysia, BBC Trust, BBC the numbers trained over the years. Media Action, Deutsche Welle of Germany, Fojo Media Institute of Sweden, InterNews he situation has not chaned sinicantl and Radio Netherlands Training Centre from what was noted in a 2005 study on (RNTC). the media in Sri Lanka: “The NGO sector is currently the key provider of training for Journalists and other media personnel at journalists and media personnel. However, state edia houses also benet fro bilateral much of the training provided by these exchange programmes with leading media organisations have thus far been sporadic houses like NHK of Japan, All India Radio and often limited to a few workshops, and Doordarshan both of India. There is also resulting in the training not being continuous the SAARC Audio Visual Exchange (SAVE) (thereby ensuring maximum impact) that networks state broadcasters of South and available only to a small portion of Asian countries. the almost 3,000 journalist in Sri Lanka. Provincial journalists in particular often Training for Provincial Journalists have very limited access to these training programmes. Therefore the need for here is no reliable ure for the total comprehensive and continued training number of provincially based journalists in for journalists and media personnel still Sri Lanka. One source, a decade old, listed 157 remains.” over 2,100 provincial journalists “attached to Newspapers, Magazines, Training Institutes, Some technical and/or thematic training Radio and TV Stations from all over Sri is also provided by international media Lanka”.158 development organisations either through in-country workshops or by inviting According to industry sources, provincial and sponsoring Lankan professionals journalists generate 30 - 50% of news and to overseas training programes. These current afairs related content for both sources and partners include: Asia Pacific print and broadcast outlets (especially in

156 http://www.sltti.lk 157 A Study of Media in Sri 158 Sri Lanka Directory of Lanka (excluding the Provincial Journalists, North and East). April Sep 2005. http://www. 2005. Centre for Policy environmentaljournalists. Alternatives, Colombo. org/images/Sri_Lanka_ http://www.cpalanka. Directory_of_Provincial_ org/a-study-of-media-in- Journalists.pdf sri-lanka-excluding-north- and-east/

Rebuilding Public Trust 163 the Sinhala and Tamil language media). Yet most provincial journalists have not had any formal training in the basics of journalism. For many, newsgathering and reporting are part time activities: “Provincial media and journalism is not their primary source of journalists are much closer to income. They are professionally engaged the grassroots than the national elsewhere (e.g. teaching, postal service), media. We need to enhance which raises concerns such as conicts of the education and skills of interest and lack of professionalism. provincial journalists and raise the status of provincial media. For its 2005 study on the media in Sri Such media can play a key Lanka, CPA interviewed several dozen role in articulating the views provincial journalists spread across the and aspirations of people in country. CPA found that none of the media diferent roinces so that institutions had provided any training for development can be more provincial journalists over the last two meaningful. Development years, including initial training. is not just building roads or buildings!” The study report said: “None of the provincial correspondents have received a - Justice C V Wigneswaran, copy of the Professional Code of Conduct Chief Minister, from their respective media organizations, Northern Provincial Council nor have they received any training on the code of ethics. For example, each journalist had led at least one stor related to suicide. However, they were not aware of any guidelines on suicide sensitive reporting. Most provincial correspondents lack even a basic training in journalism and

164 Rebuilding Public Trust are keen to attend a journalism course in their area.”159 Media House running Anecdotal evidence suggests that the Training College situation remains largely the same today. The Asian College of Journalism Some years ago, SLCJ carried out a needs (ACJ) in Chennai, India, is a good assessment of provincial journalists example of an industry-supported based on which some short-term training training school which, with programmes were designed. These odications iht be a odel enhanced skills for one-person operation of for Sri Lanka. video news reporting, ethical considerations in news gathering, and basic radio Originally started by the B. production skills. D. Goenka Foundation, it was taken over by the Media Strengthening the provincial journalists’ Development Foundation, a capacity and deepening their notforrot ublic trust set u professionalism are crucial steps for media in 1999 to “foster journalism as reforms in Sri Lanka. But there has never an independent, investigative, been an industry-wide, systematic approach socially responsible, and ethical to the training of these journalists. Says profession”. The Hindu media Dr Ranga Kalansooriya, former Director group has invested substantially General of SLPI: “Training provincial in this enture whose benets journalists in Sri Lanka has always been are for the entire Indian media a donor-driven or agenda-driven activity. industry and society. Plenty of (thematic)_ workshops are conducted, but without addressing basic http://www.asianmedia.org/ skills development. I have met some aboutus/mdf.asp provincial journalists with decades of experience who did not know the 5 Ws and

159 A Study of Media in Sri Lanka (excluding the North and East). April 2005. Centre for Policy Alternatives, Colombo. http://www.cpalanka. org/a-study-of-media-in- sri-lanka-excluding-north- and-east/

Rebuilding Public Trust 165 H of news gathering! Also due to the lack of understanding on basic principles and ecoendations ethics of journalism, issues like corruption The mismatch between the media are commonplace.” industry’s needs and what is being provided by way of training should be Training and self-learning of provincial studied further to identify strategies for journalists is also hindered by the lack of making future training more relevant good quality reading material on journalism and responsive. At the same time, both in Sinhala and Tamil languages. media and journalist training should take into account rapid changes taking English Language and ICT training place in media content production and consumption so as to prepare Lankan Many journalists in Sri Lanka, both at media practitioners and managers to roincial leel and in edia head oces cope with such change. The government can also benet fro idcareer trainin and development donors should suppot in nlish lanuae rocienc and in a ediu ter e ear trateic lan computer and new media skills. A needs for training in the country. assessment would reveal the extent to which such enhancement is required. The media industry needs to better recognise the value of greater professionalism and human resource development as integral to media sector’s development. As part of this, media companies should assign a higher priority to in-service training (but not necessarily in-house training) including subject specialisation of its journalistic, editorial and anaerial staf he should also allocate more resources, and also actively look for more training opportunities and scholarships.

Media companies should also review and revise their human resource policies and practices. Among other things, emphasis should be placed on continuing education of journalists. Salary increments and promotions should be linked more logically and transparently to work 166 Rebuilding Public Trust performance and acquisition of new skills. Media companies, the government and international aid donors should support the existing media training facilities – such as the Sri Lanka College of Journalism (SLCJ), Sri Lanka Media Training Institute (SLMTI) and the Media Resources and Training entre in afna to roide subsidized training of a quality standard which many individuals cannot aford on their own his should include funding to train more media trainers, and to produce some journalism education text books in the local context. A trust fund created by government through Parliament could do this without compromising editorial independence.

Under a new broadcast licensing system, the proposed independent broadcast regulator, should consider making it an obligation for all licence holders to support a certain level of media training – whether inhouse or in secic institutions

The Sri Lanka Press Institute (SLPI), as the print media industry’s umbrella organisation, should expand its ability to strengthen capacities of journalists with the support of development donors, media companies and international advocacy groups. This can transfor into an efectie platform for implementing media sector reforms.

Rebuilding Public Trust 167 Media 4 02 managers, including business managers can access training appropriate to their needs

edia companies have two University of Colombo’s Department of Mass types of management: business edia ofers a ostraduate diloa cu Mmanagement and editorial or masters in mass media which encourages newsroo anaeent he secic needs media practitioners, researchers, and related of these two kinds of media managers are professional to explore theory and practice rarely addressed in available media training in both mass media analysis and mass media courses (which focus mostly or largely on research. This course is aimed at middle level editorial content and conduct). media managers.160

As a result, Sri Lanka has a shortage of Some media professionals interviewed for rofessionall trained and ualied edia this study held the view that many currently managers. Often, companies promote senior holding management positions in Lankan journalists or broadcasters to managerial media companies do not see the need for positions after years of service, yet many of specialized training in media management. them lack strategic thinking and managerial This is because many do not understand the skills. concept of newsroom management, which is diferent fro edias adinistratie and Some Masters in Business Administration business management. (MBA) courses, marketing courses or design courses include elements relevant to management challenges in the media ecoendation industry. While these are useful, they are insucient here is no centralied data on Media companies should invest more the training courses, or numbers trained. in recruiting and further training professional media managers with a hen was oferin newsroo view to developing media management management courses until 2009, there was capacity in the industry. industry demand. But as trainers had to be sourced from overseas, it proved too costly to continue.

160 http://spc.cmb. ac.lk/?q=PG_Dip_ MAinMass_Media

168 Rebuilding Public Trust Training 4 03 equips media professionals to understand democracy and development

verall, many journalists and editors were “supporting terrorists” and claimed lack knowledge, understanding and that the “workshop was to train people conceptual clarity on how issues to give evidence against Sri Lanka in an O 161 like democracy, human rights, economic international investigation”. Several other development and corruption are connected, incidents were also reported where national and the role of media in strengthening or international NGOs providing training processes and institutions of governance (see to journalists was misinterpreted as ‘anti- also Box 18 on what every journalist ought to national’ activity. know). Case study: Media’s lack of As mentioned in 4.1, short duration understanding of UNHRC processes workshops and thematic seminars organised by government, non-government or The Lankan media’s lack of capacity to grasp inter-governmental organisations partly and report on international politics and their addresses this need. Groups like TISL have impact on Sri Lanka is evident from their been engaged in providing media capacity coverage of United Nations Human Rights building on governance issues – for example Council (UNHRC)’s on-going engagement on making use of the right to information, or with Sri Lanka. investigative journalism techniques. In its resolution A/HRC/25/1 adopted in Certain political elements have not March 2014 on “Promoting reconciliation, welcomed such capacity building in the accountability and human rights in Sri media. In 2013-2014, for example, some Lanka”, the UNHRC requested the UN of ournalist trainin eforts cae under High Commissioner for Human Rights to threat from extremist (Sinhala ultra- “undertake a comprehensive investigation nationalist) groups and police intervention. into alleged serious violations and abuses In June, TISL’s investigative journalism of human rights and related crimes by training workshop for Tamil and Muslim both parties in Sri Lanka during the journalists was disrupted thrice by organised period covered by the Lessons Learnt and protesters who claimed the organizers Reconciliation Commission (LLRC), and

161 Transparency International condemns repeated intimidation at investigative journalism workshop. 10 June 2014 http://www.transparency. org/news/pressrelease/ arbitrary_disruption_ of_transparency_ international_sri_lankas_ investigative Rebuilding Public Trust 169 to establish the facts and circumstances of independent investigations as driven by such alleged violations and of the crimes radical elements of the Tamil Diaspora, perpetrated with a view to avoiding while others attributed this secic robe impunity and ensuring accountability, with as ‘Western interventionism’. Such lack of assistance from relevant experts and special understanding within newsrooms on the procedures mandate holders”.162 basic rocedures of the its aliated institutions and other multilateral bodies In accordance with this mandate, the High promotes misconceptions and apprehensions Commissioner for Human Rights established among the public. the OHCHR Investigation on Sri Lanka (OISL), based in Geneva. Its two reports were Journalists often cover such important released in September 2015 during the 30th and sensitive issues without context and session of UNHRC: substance that leads to confusion and rootin reconciliation misunderstandings in society. Thus, given accountability and human rights in Sri the current political environment in the anka eort of the ce of the nited country, it is extremely important that the Nations High Commissioner for Human capacity of every newsroom is enhanced Rights163 on Sri Lanka’s inter-governmental eort of the commitments and obligations arising from OHCHR Investigation on Sri Lanka various human rights and other treaties (OISL)164 tat te country as signed and ratifed as a responsible member of the global Only a handful of Lankan media reported community. Processes of reconciliation and accurately and with clarity and balance political reforms cannot succeed with the on this process during 2014-15. Most high levels of insularity and insecurity that media outlets simply failed to understand pervade large sections of the media. complexities and procedures involved in inter-governmental processes in which Sri Lanka, as a UN member state since 1955, plays an integral part. Some labelled all

162 http://www.ohchr.org/ 164 http://www.ohchr. EN/HRBodies/HRC/ org/EN/HRBodies/ Pages/OISL.aspx HRC/RegularSessions/ Session30/Documents/A_ 163 http://www.ohchr. HRC_30_CRP_2.docx org/EN/HRBodies/ HRC/RegularSessions/ Session30/Documents/A_ HRC_30_61_ENG.docx

170 Rebuilding Public Trust ecoendation From a Focus Group discussion with Sri Lanka Muslim Media Forum Lankan media companies, in held on 8 June 2015, involving M partnership with international S Ameen Hussain, Media trainer media development organisations, and consultant; Javed Munawwer, should come up with appropriate Assistant Treasurer; and Thaha training programmes for journalists Muzamil, Vice President: to better understand the issues and ur ournalists need trainin and interlinkages of democracy, governance capacity building in knowledge, and development. This should include skills and ethics but this is not going non-technical and non-legalistic to be accomplished by random coverage of Sri Lanka’s obligations short-duration workshops. We under international human rights and need a more systematic approach to humanitarian treaties that it has signed training. Some media organisations and ratied and journalists do not see the value of training, so we need to promote the demand side too. o atter how hard we tr to train journalists, some of them have an attitude problem (that they don’t need any training). This must change. edia owners robabl dont like their journalists’ capacity being built and the standard of journalism going up – because then journalists will have to be paid better!

Rebuilding Public Trust 171 B O X 18 What Every Journalist Ought to Know…

he media is an important part Constitutionalism: The Tof democracy. A good test of empowerment and limitation of democracy is citizen participation. government by an enforceable Civic awareness enables both media written or unwritten constitution. practitioners and users to appreciate the Constitutionalism includes the idea role of journalism and media in building of the rule of law. Constitutionalism democratic societies. The normative also respects the principle that a law nature of the media opens up avenues should be considered illegitimate for negotiating what the media can do if it is incompatible with the to deepen the democratic experience of constitution. developing countries. Equality: The right of all persons in a UNESCO advocates that journalism society to be treated equally. education should result in a thorough understanding of the basic indices Majority rule/minority rights: of democracy. All journalists need to The rights of the majority to understanding these concepts: rule, constrained by the rights of members of the minority to Popular sovereignty: All legitimate eno the sae benets and share power ultimately resides in the the same burdens as those in the people. majority.

The common good: The promotion Justice and fairness: Governmental of what is good for the polity as decisions about burdens and a whole and not the interests of a benets should be based on criteria portion of the polity at the expense of that are not artial to secic rous the rest of society. These procedures must be derived

172 Rebuilding Public Trust throuh rocedures that reect fair Political competition: iferent play’ or ‘fundamental fairness’. political parties and organised groups should be able to compete for Political rights for citizens: The ower and inuence in societ authority to control government and hold it accountable as embodied Political and societal pluralism: in political rights, such as freedom There should be multiple, alternative of seech and of the edia the sources of information and vehicles right to association, assembly, for the expression of interests and deonstration and etition and ideas in society. the right to vote in open, free, fair, regular elections. Freedom from fear: The right of individuals and groups to be secure Independent judiciary: The judicial under the rule of law from exile, system providing decisions on an terror, torture, invasion of privacy impartial basis in accordance with by state actors, and arbitrary or the law as the supreme criterion unustied detention of judgement. As such, the judicial system must operate independently Source: Civic education for media of any other agency of government professionals: A training manual (separation of powers), social (UNESCO, 2009) oranisation or corrutin inuence http://www.unesco.org/new/en/ communication-and-information/ Civilian control of the military and resources/publications-and- police: The military and police must communication-materials/publications/ be subject to the control of civilian full-list/civic-education-for-media- authority. professionals-a-training-manual/

Rebuilding Public Trust 173 B O X 19 Raising professional standards in Sinhala and Tamil language media

r Ranga Kalansooriya, who worked “Thus, they clearly violate the acceptable Din the print media (Sinhala and norms and ethics in journalism. The English) and later served as Director ethnically non-diverse newsrooms General of Sri Lanka Press Institute, of both sides have further fuelled the wrote in an op-ed article in February polarisation of society on ethnic lines, 2015: and this phenomenon has led the media in serving its own clientele with ‘what “Unlike its English counterpart, the it wants to know’ than ‘what it needs to Sinhala and Tamil print media - either know’. This trend continues even after state or private - is facing numerous the completion of the war. challenges that could be categorised into two main segments – professional and “The broadcast media has some ownership. advantage in this context compared to the print. Not that it has total “In my doctoral research – which was professional standards but given the mainly on the professional standard short time frame to a story, it seems to of the Sinhala and Tamil print media manage professional standards to some – I tried to argue on the fact that the extent. poor professional status of these two local language print media has been an “In this backdrop I strongly feel that inherited syndrome within the Sinhala the Sinhala and Tamil press lack and Tamil newsrooms even before the professional capacity in making use of coenceent of the ethnic conict this new opportunity and providing The reporting format has hardly gone strong, in-depth and analytical stories beyond single sourcing and has failed to to its readers. It still continues to bring strong analytical and journalistic report day-to-day events with a single skills to a story by bringing contrasting source and provides yesterday stories viewpoints. to the today’s market in this heavily

174 Rebuilding Public Trust information savvy society. Thus, with but in all sectors. Building capacity - of all these factors accumulating, the thin both journalists and their gatekeepers line between activism and journalism - is paramount. In a parallel move, the gets extensively blurred and patriotism countr needs a dnaic and efectie surpasses professionalism. Sometimes, regulatory mechanism that ensures this articular aruent could well t the implementation of professional into some sectors of English journalism standards.” as well. Source: aily irror, 27 February 2015 “But this scenario is not a unique http://www.dailymirror.lk/64923/pm- feature to Sri Lanka. The status of the ranil-kick-starts-focus-on-media-protocol local language press in any developing country would be the same, mainly when it comes to professional standards. In India it would mostly be nationalism and in Pakistan radicalism would over-run professionalism. Lack of exposure, language barriers, poor working conditions that attract lesser quality human resources are a few reasons behind this situation. Corporate ownership would manipulate this weakness to achieve its economic, political or otherwise goals.

“We need a paradigm shift in professional standards in the Sinhala and Tamil media – not only in print

Rebuilding Public Trust 175 s Audio-visual t Outdoor training session programme to give - Photo courtesy mental and physical Bertram Nihal training for TV journalists - Image courtesy SLRC

176 Rebuilding Public Trust s Broadcast t Radio interview production training training by MRTC at ana ana - Image courtesy - Photo courtesy Media Helping www. Media mediahelping media.org

Rebuilding Public Trust 177 “Sri Lanka’s media industry is characterized by the absence of AVAILABILITYB international standards in journalism, i.e. accuracy, impartiality and responsibility. OF ACADEMIC These are directly attributable to the state of journalism education in the country COURSES – or the lack of it. Given how the mass media have become an integral part of our IN MEDIA society today, the need for well structured journalism education is greater than ever.” PRACTICE - Dr Pradeep N Weerasinghe, Senior Lecturer in Mass Media Studies, Department of Mass Media Studies, University of Colombo (Sri Palee Campus)

“In a country scarred by years of civil war and the polarisation of ethnic communities, the role of journalism is paramount. The media should point out the duties of the state—and its failures—and provide guidance to students, journalists and in particular to civil society. In achieving this aim, media education has an important role to play.” - Dr S Raguram, Dean, Faculty of Communication and Business studies at the Eastern University’s Trincomalee Campus

178 Rebuilding Public Trust Academic 4 04 courses accessible to wide range of students

“The political crisis in Sri Lanka has ass communication has been taught had tremendous contextual impact at tertiary level since 1973, when on the discourse on media education. MKelaniya University launched the There are limits to what Sri Lankan countrs rst deree course on the subect reformers can achieve in the legal and Today, many academic courses are available institutional spheres in that regard. for full-time and part-time students, but Many of the issues highlighted…have there are concerns about the quality and dimensions that may be addressed industry relevance of some of these. only through long-term educational reform. For example, the profession’s Journalism, mass media or mass apparent insensitivity to gender issues counication related courses are ofered at or partisanship in terms of ethnicity several public universities at undergraduate cannot be transformed overnight. and/or postgraduate levels. There also a s identied b conteorar nuber diloa and certicate courses reform initiatives, such fundamental challenges may only be addressed he state hiher education institutions oferin in the classroom, where the future these are (listed in no particular order): generation of journalists and media eartent of ass ounication personnel is being moulded.” University of Kelaniya ournalis nit of the acult of rts - Kishali Pinto-Jayawardena and University of Colombo Gehan Gunatilleke, in Embattled eartent of ass edia ri alee Media: Democracy, Governance Campus, University of Colombo and Reform in Sri Lanka (Sage eartent of inhala and ass Publications, 2015) Communications, Sri Jayewardenepura University acult of ocial tudies en niersit of Sri Lanka (OUSL) eartent of anuaes Sabaragamuwa University

Rebuilding Public Trust 179 eartent of inuistics acult of and video content production). But in rts niersit of afna recent years several universities have been eartent of anuaes and equipped with digital media studios as part Communication Studies, Trincomalee of a modernisation process. Campus, Eastern University eartent of ocial ciences outh The reasons for continuing mismatch have Eastern University ore to do with concetual diferences eartent of uanities aarata Most university teachers handling media University and ournalis subects lack rsthand professional experience in the media At undergraduate level, university education industry. Another limitation is that many is provided free at public universities by university courses are focused on mass the state investing tax payer funds. At post- communication rather than on journalism. graduate levels, fees are levied but hundreds With a couple of rare exceptions, Sri Lanka of students enrol every year as they consider does not hae roerl ualied uniersit it a worthwhile investing in advancing their teachers on journalism who also have had professional careers. newsroom experiences.

A common observation of many academic Conversely, many journalists with long courses is the insucient coerae ien to years of experience in the media industry practical needs and realities of the media lack foral hiher education ualications industry. Instead, universities have emphasis and sometimes also the pedagogical skills on teaching mass communication theories to be engaged as university teachers either that are more in the domain of sociology. on a visiting or full-time basis (after their Such learning does not build in students the retirement from the media). The university core competencies required for journalism. bureaucracy often insists on advanced degrees, not taking into consideration In the past, this emphasis on theory was decades of practical experience in the largely due to the lack of facilities for newsrooms. This exacerbates the gulf practical teaching (especially for audio between universities and media industry.

180 Rebuilding Public Trust In 2012, researchers Kishali Pinto- Jayawardena and Gehan Gunatilleke carried out a curricula review of tertiary level journalism education and mass media education in Sri Lanka. In their report, they wrote: “A uniform perception appears to be that media education in Sri Lanka is weak due to a wide gap between what is being taught and the reality of the functioning of the media. It is rightly observed that media training must focus on ethics, principles and following a professional code. There is, however, broad agreement that little of the training available at these institutions caters efectiel for ournalists in rioritisin ethical standards.”165

There are several reasons for this gap, including: ack of ournalis ualied and industry-experienced university teachers (especially those with newsroom eerience eail outdated curricula in uniersities (instead of being at least a couple of years ahead of the existing situations, many courses la behind b a eneration and bsence of a roer link between the media industry and academia (probably due to the conservative nature of the Lankan university system)

165 Media Education: A Curricular Review, by Kishali Pinto-Jayawardena and Gehan Gunatilleke, in Embattled Media: Democracy, Governance and Reform in Sri Lanka (Sage Publications, 2015), pp 245-266

Rebuilding Public Trust 181 B O X 20 Evaluating academic Media education and Journalism education in the North and East courses in journalism Sri Lanka’s Northern and Eastern provinces he following criteria may be used have had a long tradition in journalism Tfor evaluating Lankan higher both in Tamil and in English, catering to the education institutions that are engaged in regional readers. However, structured media journalism education: education was introduced in universities urricula and their releance to core in these provinces much later than in other competencies and emerging needs universities. of journalism (based on the three axis mentioned in UNESCO model Dr S Raguram, Dean of the Faculty of curriculum) Communication and Business studies at the eachin caacities whether teachers Eastern University’s Trincomalee Campus, are knowledgeable, capable and have attributes this to the long-drawn war and peer recognition in the journalism its impacts. Education as a whole was community disrupted, and the regional media operated ternal links of the institution ublic under many pressures. perception and acceptance by the media industry he were not eneratin lare rots eloabilit of the students and journalism was a dangerous and poorly graduating from courses (and where paid profession. In general, Tamil families they gain employment: in the media encouraged their children to go into better industry or elsewhere) paid professions and trades rather than uortin ctiities other than taking their risks involved in entering the teaching, e.g. public debates, edia eld he traditional indset of journalism review magazines, Tamil families towards seeking government authored publications, etc. jobs also made them steer clear of a media ustainabilit of courses education,” he says. uture lans

182 Rebuilding Public Trust t afna niersit we teach investigative journalism (among other media topics). But it is evident that media practitioners lack knowledge and understanding of investigative Universities in the North and East also journalism. This highlights the need face diculties in ndin teachers fro for in-service or professional training among the academic community. At the of journalists. Media organisations same time, Dr Raguram says, “there are do not take an interest in developing veterans of media without degrees who the secialied skills of their staf are willing to serve from the local regions Many seem to think that investigative but there are administrative obstacles to journalism entails trouble that must obtaining their services. Among the barriers be avoided. If we can change this to the recruitment of personnel from the perception, we will see a marked rofessional edia eld as has been improvement in the quality of our noted, is an inadequate pay structure. The media content. universities cannot justify this disparity between those with degrees and those with “We need to promote greater exchange 166 practical experience.” and collaboration between media outlets in the North (of Sri Lanka) and the South. There is not enough such contact, partly due to the language barrier, but I know that private level exchanges happen all the time. We also arrange for our undergraduates to isit edia oces in olobo ut we need to expand and institutionalize such collaboration to promote both personal and professional links among journalists in the North and South.”

- Ms Krithika Dharmaraja, Lecturer in journalism & Fr Ruban Mariyampillai, Visiting lecturer; niversity o ana

166 Media Education and the Tamil Community: A View from the North and the East, by S Raguram in Embattled Media: Democracy, Governance and Reform in Sri Lanka (Sage Publications, 2015), pp 267-280

Rebuilding Public Trust 183 Universities and media advocacy ecoendations groups should collaborate in producing a series of text books on journalism The Ministry in charge of Higher in Sinhala and Tamil languages that Education, along with the University are contextualised for Sri Lanka. Grants Commission and other Adaptations from internationally stakeholders, should review all acclaimed journalism text books may curricular related to journalism, mass also be considered. These should be media and mass communication at made available widely, including public universities with a view to online in e-book formats. identifying the gaps in knowledge, skills and resources. After such a Universities engaged in journalism review, these institutions should education/training should adopt a long- embark on a process of curriculum term vision for faculty development and reform and facilities upgrading so as institutional development. Strategies to enable formal journalism education for this may include: opportunities at to meet intellectual challenges and to overseas universities reputed for good be responsive to the needs of media ournalis education roraes industry and society at large. collaborative research projects with outh sian and other uniersities and Higher education institutions and the organisation of regional conferences media training centres should expand on current concerns in journalism. their scope to include new modes of learning, including online training Universities teaching journalism modules and e-learning courses, so and/or mass media courses should that students have the option of more strengthen their links with the media eible learnin uture trainin industr so as to benet fro ractical should include elements of computer experiences available in the industry assisted journalism. while providing more intellectual rigour to the industry.

184 Rebuilding Public Trust Academic 4 05 courses equip students with skills and knowledge related to democratic development

s mentioned in 4.4, there often Summing up their 2012/13 curriculum exists a gap between academic review of the university courses on Acourses and practical demands of journalism and mass media, Kishali Pinto- the media industry. This also extends to Jayawardena and Gehan Gunatilleke wrote: skills and knowledge related to democratic “The absence of an enlightened educational development which are not adequately framework in Sri Lanka certainly weakens covered in current curricula for mass the potential of future journalists and media communication or journalism (see Box 18: personnel to engage the state on key issues What Every Journalist Ought to Know). that afect their rofession his absence will ultimately impact on the quality of Many university and other tertiary level reform work in future. It is thus strongly courses also fail to address the political recommended that educational institutions economy of media or the role of media in actively seek to include in their curricula democratic governance. Some university a critical examination of current legal curricula still carry obsolete Cold War era and institutional structures. Such frank arguments and long discarded theories discussion on these contentious issues will of development journalism (interpreted no doubt equip media workers to pursue simplistically as the media uncritically refor far ore efectiel cheering government-driven development projects). These curricula have not been They also commented on the mismatch udated to reect current realities to coer of course units and faculty members: for example, how to enhance government “Furthermore, the situation in terms of transparency and accountability through education in media law and policy appears investigative journalism. Modern-day to be deplorable. Interviews that the research journalism is increasingly seen as a process tea conducted in abaraauwa afna of critiquing development rather than and Trincomalee Universities as well blindly promoting any kind of development as conversations with media and mass activity. Such nuances are largely ignored in communications lecturers in the Colombo Lankan university teaching. Universities revealed that media law is taught by lecturers who are not lawyers and

Rebuilding Public Trust 185 have no knowledge of how the law works ith the ecetion of afna no other in practice, and is generally dealt with in a Lankan university teaches key industry suercial anner167 requirements like investigative journalism, journalists’ safety, impunity related For the most part, journalism or mass issues or conict sensitie ournalis communication or mass media curricula Both students and teachers often lack the at Lankan universities are not holistic in conceptual understanding on basic issues their conceptual framework. From the such as Freedom of Expression and Right to information available, it is only at the Sri Information, etc. Palee Campus of the University of Colombo that a concerted attempt is being made to strike a healthy balance between mass ecoendation communication and journalism, while also providing students with a rights-based The universities, in partnership with framework to position the media’s role in international media development a democracy. Their curriculum too requires organisations, should come up with further renin and udatin appropriate curricular revisions and modules that can enable students to understand the issues and interlinkages of democracy, governance and development. Teaching of development journalism should go beyond simply promoting state- driven development to taking a critical examination of development outcomes for the people.

167 Media Education: A Curricular Review, by Kishali Pinto-Jayawardena and Gehan Gunatilleke, in Embattled Media: Democracy, Governance and Reform in Sri Lanka (Sage Publications, 2015), pp 245-266

186 Rebuilding Public Trust B O X 21 Ideal Curricula for Journalism Education?

he curricula should be designed to of journalism’, which are designed to Tprepare students to do journalism promote intellectual and craft skills. rather than to understand how These foundations include: ournalis ts into the eld or sste an abilit to think criticall of mass communications. A strict incorporating skill in comprehending, denition of ournalis education analyzing, synthesizing, and does not include coursework in public evaluating unfamiliar material relations, advertising, or other forms of quickly and well enough to explain communication. it to others, as well as a basic understanding of evidence and Journalism education in universities research ethods is normally organized around three an abilit to write clearl usin curricula axes or lines of development: narrative, descriptive, and analytical an ais corisin the nors alues ethods tools, standards, and practices of a knowlede of local reional ournalis national and international political, an ais ehasiin the social economic, cultural, religious, and cultural, political, economic, legal and social institutions and issues and ethical asects of ournalis ractice a knowlede of current afairs and and issues, and a general knowledge of an ais corisin knowlede of history and geography. the world and preparation to meet journalism’s intellectual challenges. Source: Model Curricula for Journalism Education. UNESCO, 2007 A fundamental understanding of the http://www.unesco.org/new/en/ curricula is that the practice of journalism communication-and-information/ is intellectually challenging, especially resources/publications-and- in the way it requires journalists to communication-materials/publications/ assimilate unfamiliar information rapidly full-list/model-curricula-for-journalism- and well enough to report on it with education/ authority.

A curriculum in journalism education should include units in the ‘foundations

Rebuilding Public Trust 187 Media 4 06 workers have the right to join independent trade unions and exercise this right

ri Lanka’s Constitution recognises the right to organise. The organised labour PRESENCEC Srights movement goes back a century, and on the whole, the country has strong OF TRADE trade unions in both public and private sectors. UNIONS AND However, trade union activity is not evenly PROFESSIONAL distributed across Sri Lanka’s media industry that employs several thousand people ORGANISATIONS (which includes journalists, media managers and other media workers).

Trade unions are active and visible at the state-owned publishing house (ANCL/Lake House) as well as at the state broadcasters (SLBC, SLRC, ITN). These institutions have branches of national level trade unions aliated with arious olitical arties as well as soe unions secic to each institution.

In contrast, most privately owned media companies do not allow internal trade unions to be fored their eloees are also prevented from taking part in countrywide or industry-wide trade unions. There are well documented cases where journalists or other media workers face disciplinary action and even losing their

188 Rebuilding Public Trust jobs for simply participating in routine trade union activities such as meetings or signing collective statements of concern. Trade Unions vs Editorial Independence? Lasantha Ruhunage, President of the Sri Lanka Working Journalists Association Sometimes, trade unions can work (SLWJA) said during a focus group against the larger ideals when they discussion: “In our media companies, get trapped within narrow political much of administrative and personnel agendas. management work is done informally through connections and favours. Some Sumith Chaminda, Senior Analyst journalists are happy with this and don’t and Head of politics at Verite even see the need to organize as trade Research, an independent think tank, unions. But we need such evolution to has documented something that professionalize the sector.” happens at state media institutions each time a government changes. He He emphasized the need to “move beyond says: “…Lake House is accustomed placard-carrying, slogan-shouting kind of to dramatic changes in its internal trade union activism” to one that is based hierarchies, trade union leadership on negotiations with all stakeholders -- and patronage networks - usually includin edia owners e identied ri within days of a regime change. Lanka Press Institute as the platform for this Soon after the election results begin process. to show that a new regime will come into power, prominent trade In another focus group discussion, with the union leaders of the winning party National Collective of Provincial Journalists, come forward and forcibly remove its President Kanchana Kumara Ariyadasa existing editors and administrators, said: “We are struggling to get organised. even occupying their seats in a self- Even registering our collective has been appointed manner! delayed for three years by many bureaucratic

Source: Sri Lanka. Politics and Ideology in the Sinhala Press: A Site of Power and Struggle. By Sumith Chaminda. 1 June 2011. http://divergences.be/spip. php?article2534&lang=fr

Rebuilding Public Trust 189 procedures. Eventually, we want to evolve to a trade union.” ecoendation

Across the board, media sector trade unions All media organisations should have a low representation of women. recognise and respect the basic human For social and cultural reasons, women right and Constitutional right of journalist’s participation in trade unions is journalists and other media workers limited. to join a trade union of their choice, and to engage in trade union activities, As a recent survey report noted, without fear of disciplinary action or “Increasingly, Sri Lankan journalists are dismissal. apprehensive about joining trade unions due to being penalised by managements that consider trade unions as interventionist forces that dilute their control over employees. Even in media organisations and professional bodies, membership among women tends to be somewhat limited. Women journalists also say that there are two taboo words in their respective homes: ‘feminist’ and ‘trade unionist.’”168

SLWJA has recently registered as a trade union, which its management believes would empower the professional association to better serve their members.

168 Media and Gender in Sri Lanka: Part of the IFJ Media and Gender in Asia- acic esearch roect March 2015. http://www. iforleadiniaes siaacic reports-etc/Gender_and_ Media_in_Sri_Lanka

190 Rebuilding Public Trust Trade unions 4 07 and professional associations provide advocacy on behalf of the profession

here are several professional (2005-2014), some leaders and members of associations and trade unions that these organisations took considerable risks Tbring together journalists and media to personal safety by taking part in such industry workers for asserting their workers’ advocacy and agitation. It was due to their rights. unrelenting campaigning that the erosion of media freedoms and freedom of expression These include: in Sri Lanka stayed a regular topic in ree edia oeent international media rights discussions. At ri anka orkin ournalists ssociation the same time, safety threats during the decade have diluted the dynamism of many ri anka ail edia lliance media associations as several key media afna ress lub freedom activists have gone into self- ri anka usli edia oru imposed exile (see 3.14 for details). ederation of edia loees rade At the end of an all-island conference of nion and Lankan journalists held in Tholangamuwa outh sian ree edia ssociation on 9-11 September 2005, participants issued (SAFMA) – Sri Lanka Chapter a “Charter for a Democratic and Pluralist Media Culture and Social and Professional Besides addressing matters related to better Rights for Media and Journalism in Sri waes benets and workin conditions Lanka”. Now known as the Tholangamuwa some of these groups also advocate larger Declaration, it called for “a mechanism for issues afectin the entire edia industr the SLWJA, FMETU, FMM, SLMMF and They have been at the forefront defending SLTMA to work towards the creation of a press freedom, protesting numerous national media alliance of journalists with a attacks and other pressures on individual view to bringing a resolution to a national journalists or on entire media organisations, congress of journalists within two years. and calling for structural reforms in the This includes exploring the possibility of media. creating a national media centre, and a During the decade of Rajapaksa government national journalists’ trade union”.169

169 Tholangamuwa Charter. http://mediareformlanka. com/tholangamuwa- media-charter-2005

Rebuilding Public Trust 191 A decade later, this has not yet happened, in the media. They have formed into the but it remains a worthy goal for the Young Journalists Association, a purely profession. voluntarily and “revolutionary” group providing alternative voice to the more Trade unions and media associations also conventional. They are grappling with own work on thematic issues. For example in internal ideological issues. YJA members are e edia oranisations predominantly alumni of SLCJ. FMM, SLTMA, SLMMF and FMETU) came together to promote a Charter for Gender One of the biggest advocacy issues for Equality for Media and Journalism in Sri all trade unions and other professional Lanka. This was adopted by the South Asian associations is the stark reality that most Media Solidarity Network (SAMSN) as a journalists and other media workers are regional charter in July 2014. paid low salaries and they work under unsatisfactory working conditions. This, At publishers’ level, the Newspaper Society in turn, leaves room for easy corruption of Sri Lanka – an alliance of six leading and media manipulation by politicians and media publishing houses – advocates higher businessmen. Stories can be ‘planted’ or standards in journalism and media freedom ‘killed’ with relative ease. The more creative in Sri Lanka. (Electronic media companies minds end up in advertising where salaries do not have a comparable industry alliance.) and benets are reater More recently the publishers have been vocal on threats to individual journalists and media companies. They have joined other media advocacy groups in demanding impartial inquiries on attacks on key journalists.170

In recent years, younger journalists have organised themselves to advocate for greater professionalism and more ethical conduct

170 The War Against Media Rages on. The Sunday Times, 6 July 2008. http:// www.sundaytimes. lk/080706/News/ timesnews0019.html

192 Rebuilding Public Trust Excerpts from a Focus Group Discussion with Sri Lanka Working Journalists Association (SLWJA) held on 4 June 2015 at SLPI (attended by Lasantha Ruhunage, President, and Kanchana Marasinghe, National ecoendations Organiser).

Media company proprietors and e have media associations and managers should review their salary societies, but need to evolve into structures and raise salaries for a media sector trade union e journalists and other media workers highlighted this as a ey oint in in order to attract (and retain) talented the “Charter for a Democratic and recruits for the industry. They should Pluralist edia Culture and ocial also reduce and eventually eliminate and Professional ights for edia the sharp disparities that currently and ournalism in ri ana that exist in salaries paid to English we drafted in and is nown as language journalists and those the holangamuwa eclaration recruited for Sinhala or Tamil language media. e need to ensure that ournalists and other media worers are free The trade unions, on their part, to form trade unions in their should engage media owners and wor laces andor oin eisting managers to secure their workers’ trade unions without fearing right through peaceful negotiations. reercussions from their emloyers Trade unions have a right to be or loss of obs aliated with olitical arties but such aliation should not underine e need letters of aointment their commitment to journalistic for all ournalists and other media professionalism and editorial worers, but that is not enough independence. he ower euation between owner and individual emloyee is not Media companies and media advocacy a balanced one hus we need to groups should especially look at ways develo collective agreements with to raise the standard of professionalism media owners his ractice is of provincial journalists. As part of commonlace in other industries, this their aents other benets and so why not in the media facilities need to be urgently upgraded, 157 so the can becoe fulleded e realie that many media members of the media community owners today acnowledge the -- and not simply suppliers of raw need for media reforms e need aterial to edia head oces their suort and articiation for media reforms to succeed

Rebuilding Public Trust 193 CSOs 4 08 monitor the media systematically

n Sri Lanka, Civil Society Organisations (CSOs) monitoring of media content and PRESENCED OF Icoverage trends does happen from time to time. CIVIL SOCIETY Most commonly done is thematic or issue ORGANISATIONS based monitoring. Examples:

ssessin edia coerae fro a gender and women’s rights perspective, as done by the Women and Media Collective171

ransarenc nternational ri anka looks at the media coverage of corruption and governance related topics, such as the conduct of media during election periods.172

nternational edia networks e IFJ), inter-governmental organisations (e.g. Unicef) or international NGOs (e.g. Save the Children) sometimes commission media content analysis related to children, media freedom or human rights.

However, there is no systematic monitoring or discussion of media ownership issues on a sustained, on-going basis. The closest that

171 http://womenandmedia. 172 See, for example, electoral org integrity report on the Presidential Election in January 2015: http:// www.tisrilanka.org/wp- content/uploads/2015/02/ PPPR_2015_ENG_Final.pdf

194 Rebuilding Public Trust exists currently is the media analysis done by Verité Research, a think tank. It is a media ecoendation diest oferin critical and indeth analses on national issues and related discourses, Sri Lanka’s CSOs, advocacy groups which assist its subscribers in obtaining a and academics should intensify their nuanced understanding of local issues, in engagement with the mainstream predicting future political and economic media and monitoring their trends, and thereby in guiding them to performance. This could happen at strategically plan ahead in anticipation of various levels: contributing content, future national developments.173 participating in electronic media programmes, advising the industry Sri Lanka needs a dedicated civil society on raising professional standards, entity or research body for regular media providing deliberative platforms at the monitoring, analysis and documentation grassroots, and through the monitoring in the public interest. Their output can be of media content. data-driven as with India’s Centre for Media Studies (CMS India)174, or discussion based and advocacy driven as with Indian media critique website ‘The Hoot’. 175 uch eforts can help enhance the currently low levels of media literacy in Sri Lanka.

173 http://www. 174 http://www.cmsindia.org/ veriteresearch.org/the- media-analysis.cfm 175 http://www.thehoot.org/

Rebuilding Public Trust 195 CSOs 4 09 provide direct advocacy on issues of freedom of expression

edia rights and human rights The International Movement Against organisations engage in direct All Forms of Discrimination and Racism Madvocacy of FOE issues, sometimes (IMADR), an international human rights on their own, and at other times in network whose president is from Sri partnership with journalists’ associations Lanka, regularly presents FOE related and media sector trade unions. observations to the UN Human Rights Council.181 For example: The Centre for Policy Alternatives (CPA) Journalists for Democracy in Sri Lanka has done considerable research and (JDS) was the rst oranied bod of analysis on: how FOE is coming under journalists, writers and human rights pressure on the Internet in Sri Lanka176 defenders who were forced to ee ri emergence of hate speech against Lanka due to work related persecution. minorities using social media177 and the The group was formed in July 2009 in spread of dangerous speech using social Berlin, Germany, and enages in advocacy media by ultra-nationalist elements in Sri on human rights including FOE through Lanka.178 their website and occasional events.182

Rights Now Collective for Democracy, a Other groups like the Platform for Freedom nonrot and nonartisan oranisation and the Federation of University Teachers has been working with media Associations (FUTA) also take up FOE professionals to improve their capacity related issues from time to time. to withstand legal, physical and digital security threats.179

The Asian Human Rights Commission (AHRC), based in Hong Kong, has sustained global focus on Sri Lanka’s human rights situation, including on media freedom and FOE.180

176 http://www.cpalanka.org/ 178 http://www.cpalanka.org/ 181 http://imadr.org/activity/ freedom-of-expression-on- saving-sunil-a-study-of- srilanka/ the-internet-in-sri-lanka/ dangerous-speech-around- a-facebook-page-dedicated- 182 http://www.jdslanka.org/ 177 http://www.cpalanka.org/ to-sgt-sunil-rathnayake/ index.php/2012-01-30-11- liking-violence-a-study-of- 50-09 hate-speech-on-facebook- 179 http://www.rightsnow. in-sri-lanka/ net/?page_id=4851

180 http://www.humanrights. asia/countries/sri-lanka 196 Rebuilding Public Trust CSOs help 4 10 communities access information and get their voices heard

edia and civil society nexus has ecoendation been strained in recent years due to the previous regime’s antagonism Academic and civil society groups M against NGOs (which sections of the media should increase the depth and breadth alied uncriticall ostilit b the of their media research activity, so as mainstream media led some CSOs and to produce the evidence base on which NGOs to develop alternative communication media policy and practices can be strategies, for example the greater use of improved. These studies should ideally web-based platforms and social media. involve those specialising in mass media and journalism studies as well Away from the mainstream media’s spotlight as sociologists and anthropologists. and without the media’s involvement, some CSOs are promoting ICT literacy, especially at the grassroots. For example, Sri Lanka’s largest development organisation Sarvodaya has a dedicated subsidiary named Sarvodaya Fusion for this purpose.183

Enhancing media literacy

Understanding how the media works has become a skill that all citizens need in the modern world. This is known as media literacy -- the ability to access the media and to criticall ealuate diferent asects of the media and media content (see box 22 for details).

Media literacy is needed not only for those who are keen on media related employment,

183 http://fusion.lk

Rebuilding Public Trust 197 B O X 22 What is Media Literacy?

he proliferation of mass media but for all who consume mass media (which Tand new technologies has brought is most citizens these days). This competence about decisive changes in human is of paramount importance for a healthy communication processes and behaviour. democracy.

Media Literacy aims to empower citizens The last Census in 2012 found Sri Lanka’s by providing them with the competencies total adult literacy rate was 95.7%.184 Even (knowledge, skills and attitudes) though there is no countrywide survey necessary to engage with traditional measuring media literacy, anecdotal evidence media and new technologies. It includes suggests that the levels are low -- even the following elements or learning among some professionals and those who outcomes: teach media studies in secondary schools. nderstand the role and functions of edia in deocratic societies Wijayananda Jayaweera, a former Director nderstand the condition under which of UNESCO/IPDC, says it is important edia can fulll their functions [that] media literacy becomes an engaged riticall ealuate edia content civic education movement in Sri Lanka. “It nae with edia for selferession is true that media itself can be a partner of and deocratic articiation and media literacy campaign, but media literacy eiew skills includin s skills is a fundamental obligation of the education needed to produce user-generated system” he adds. content. For example, he suggests introducing a Access to quality media and information weekly media critique programme broadcast content and participation in media and oer the national or radio as an efort communication networks are necessary to raise media literacy among media users. to realise Article 19 of the Universal Experts, civil society representatives and Declaration of Human Rights. experienced journalists can make provide inputs through such a programme to educate Source: UNESCO website people on media/news ethics.185 http://www.unesco.org/new/en/

communication-and-information/media- 184 Census of Population 185 Developing Sri development/media-literacy/ and Housing 2012: Key Lanka’s Media: The Findings. Department of State’s Obligations. By Census and Statistics, Sri Wijayananda Jayaweera. Lanka. March 2015. http:// Colombo Telegraph, 29 countroceunfaor January 2015. https:// srilanka/?publications www.colombotelegraph. =12333 com/index.php/ developing-sri-lankan- media-the-states- obligations/ 198 Rebuilding Public Trust But in the long run, he adds, there is a education which would help create an active need to focus on formal media education citizenry. at secondary level schools. That process started in 2006, when a new subject called Ideally, media education at secondary level “Communications and Media Studies” should enable the students to understand: was introduced in the school curriculum at unctions attributed to the edia in GCE Advanced Level and GCE Ordinary deocracies Level (secondary school and high school). onditions under which edia can However, a decade later, the impact of such erfor those functions revisions of school curricula is yet to be ow to ealuate a edia reort aainst examined and evaluated. those functions asic skills needed to roduce user In fact, Jayaweera is highly sceptical about enerated content for diferent edia and this curriculum, which he says “has an ow citiens can enae with the edia obvious bias towards communications and In the long term, enhancing media literacy hardly deals with media education”. In his could help narrow Sri Lanka’s Democracy view, the very title ‘Communication and ecit the a in oernance and olitics Media Studies’ given to this subject shows a that needs to be lled throuh citien poor understanding of the purpose of media mobilization and participation. literacy and media education at secondary level. (Media studies should be a university Two senior broadcasters turned media level discipline based on critical theories in researchers, the late Tilak Jayaratne and the domain of sociology.) Sarath Kellapotha, recognised this when they wrote in 2012: Jayaweera suggests that media education “We believe that media education in the at school level should be given a higher country is in a sort of disarray, as it lacks a attention considering that it leads to demand national olic t is too uch conned to side development eventually impacting certain requirements of the industry and not on media performance and the quality of the needs of the country as a whole. Though reporting. It is an essential part of civic wide publicity is given to what ails the

Rebuilding Public Trust 199 media, this aspect receives scant attention een in the edia itself t rst lance it ecoendations may appear that there are more critical and burning issues in the country that need Ministry of Education should greater and more urgent attention. If one undertake an evaluation of the school looks deeper, however, it should be apparent subject of Communication and Media that media literacy has links to both the Studies, introduced in 2006. Based on causes and results of many issues. Thus, in the ndins the curricula should be this sense, media literacy should not be the revised with focus on enhancing media concern of media people and educationalists literacy as an essential part of the civic only, but of a whole range of stakeholders, education of the future citizens. includin edia freedo hters huan rihts actiists leal afairs rofessionals the The government, media industry and civil society, religious leaders, intelligentsia journalists’ professional associations and academia and most of all the citizens” should all promote media literacy (emphasis added).186 among the people. This is vital so that more people will develop the ability to critically examine media content in the mainstream media and also to participate in co-creation of new content using digital media.

The government should develop a national policy on promoting media literacy through formal and non-formal education methods. Enhancing media literacy should become an overall educational objective.

186 Putting the Citizen First: New Approaches to Media Literacy, by Tilak Jayaratne and Sarath Kellapotha, in Embattled Media: Democracy, Governance and Reform in Sri Lanka (Sage Publications, 2015), pp 281-293

200 Rebuilding Public Trust s Dr Harini t K W Janaranjana Amarasuriya speaks speaks at Public at public forum Forum

Rebuilding Public Trust 201 s Politicians t School children dominate access being given a to the media, guided tour of TV depriving ordinary studios citizens a voice - Image courtesy - Cartoon by SLRC Awantha Artigala, Wijeya Newspapers 202 Rebuilding Public Trust CATEGORY 4 Professional capacity building and supporting institutions that underpins freedom of expression, pluralism and diversity ollation of ecoendations

Indicator Relevant Recommendation

4.1 Media 1. The mismatch between the media industry’s needs professionals and what is being provided by way of training should can access be studied further to identify strategies for making training future training more relevant and responsive. At the appropriate to same time, both media and journalist training should their needs take into account rapid changes taking place in media content production and consumption so as to prepare Lankan media practitioners and managers to cope with such change. The government and development donors should suot a ediu ter e ear trateic lan for training in the country.

2. The media industry needs to better recognise the value of greater professionalism and human resource development as integral to media sector’s development. As part of this, media companies should assign a higher priority to in-service training (but not necessarily in-house training) including subject specialisation of its journalistic, editorial and anaerial staf he should also allocate ore resources, and also actively look for more training opportunities and scholarships.

3. Media companies should also review and revise their human resource policies and practices. Among other things, emphasis should be placed on continuing education of journalists. Salary increments and promotions should be linked more logically and transparently to work performance and acquisition of new skills.

Rebuilding Public Trust 203 Indicator Relevant Recommendation

4.1 Media 4. Media companies, the government and international professionals aid donors should support the existing media can access training facilities – such as the Sri Lanka College training of Journalism (SLCJ), Sri Lanka Media Training appropriate to Institute (SLMTI) and the Media Resources and their needs rainin entre in afna to roide subsidized training of a quality standard which an indiiduals cannot aford on their own This should include funding to train more media trainers, and to produce some journalism education text books in the local context. A trust fund created by government through Parliament could do this without compromising editorial independence.

5. Under a new broadcast licensing system, the proposed independent broadcast regulator, should consider making it an obligation for all licence holders to support a certain level of media training – whether inhouse or in secic institutions

6. The Sri Lanka Press Institute (SLPI), as the print media industry’s umbrella organisation, should expand its ability to strengthen capacities of journalists with the support of development donors, media companies and international advocacy groups. his can transfor into an efectie latfor for implementing media sector reforms.

4.2 Media managers, 7. Media companies should invest more in recruiting including business and further training professional media managers managers can access with a view to developing media management training appropriate capacity in the industry. to their needs

204 Rebuilding Public Trust Indicator Relevant Recommendation

4.3 Training equips 8. Lankan media companies, in partnership with media professionals international media development organisations, to understand should come up with appropriate training democracy and programmes for journalists to better understand the Development issues and interlinkages of democracy, governance and development. This should include non-technical and non-legalistic coverage of Sri Lanka’s obligations under international human rights and humanitarian treaties that it has sined and ratied

4.4 Academic courses 9. The Ministry in charge of Higher Education, along accessible to wide with the University Grants Commission and other range of students stakeholders, should review all curricular related to journalism, mass media and mass communication at public universities with a view to identifying the gaps in knowledge, skills and resources. After such a review, these institutions should embark on a process of curriculum reform and facilities upgrading so as to enable formal journalism education to meet intellectual challenges and to be responsive to the needs of media industry and society at large.

10. Higher education institutions and media training centres should expand their scope to include new modes of learning, including online training modules and e-learning courses, so that students have the otion of ore eible learnin uture trainin should include elements of computer assisted journalism.

11. Universities and media advocacy groups should collaborate in producing a series of text books on journalism in Sinhala and Tamil languages that are contextualised for Sri Lanka. Adaptations from internationally acclaimed journalism text books may also be considered. These should be made available widely, including online in e-book formats. Rebuilding Public Trust 205 Indicator Relevant Recommendation

4.4 Academic courses 12. Universities engaged in journalism education/ accessible to wide training should adopt a long-term vision for faculty range of students development and institutional development. Strategies for this may include: opportunities at overseas universities reputed for good journalism education roraes collaboratie research roects with outh sian and other uniersities and the organisation of regional conferences on current concerns in journalism.

13. Universities teaching journalism and/or mass media courses should strengthen their links with the media industr so as to benet fro ractical eeriences available in the industry while providing more intellectual rigour to the industry.

4.5 Academic courses 14. The universities, in partnership with international equip students media development organisations, should come up with skills and with appropriate curricular revisions and modules knowledge related that can enable students to understand the issues to democratic and interlinkages of democracy, governance and development development. Teaching of development journalism should go beyond simply promoting state-driven development to taking a critical examination of development outcomes for the people.

4.6 Media workers 15. All media organisations should recognise and respect have the right to the basic human right and Constitutional right of join independent journalists and other media workers to join a trade trade unions and union of their choice, and to engage in trade union exercise this right activities, without fear of disciplinary action or dismissal.

206 Rebuilding Public Trust Indicator Relevant Recommendation

4.7 Trade unions 16. Media company proprietors and managers should and professional review their salary structures and raise salaries for associations journalists and other media workers in order to provide advocacy attract (and retain) talented recruits for the industry. on behalf of the They should also reduce and eventually eliminate the profession sharp disparities that currently exist in salaries paid to English language journalists and those recruited for Sinhala or Tamil language media.

17. The trade unions, on their part, should engage media owners and managers to secure their workers’ right through peaceful negotiations. Trade unions have a riht to be aliated with olitical arties but such aliation should not underine their coitent to journalistic professionalism and editorial independence.

18. Media companies and media advocacy groups should especially look at ways to raise the standard of professionalism of provincial journalists. As part of this their aents other benets and facilities need to be urgently upgraded, so they can become fully- eded ebers of the edia counit and not simply suppliers of raw material to media head oces

4.8 CSOs monitor 19. Sri Lanka’s civil society organisations (CSOs), the media advocacy groups and academics should intensify systematically their engagement with the mainstream media and monitoring their performance. This could happen at various levels: contributing content, participating in electronic media programmes, advising the industry on raising professional standards, providing deliberative platforms at the grassroots, and through the monitoring of media content.

Rebuilding Public Trust 207 Indicator Relevant Recommendation

4.9 CSOs provide 20. Academic and civil society groups should increase direct advocacy on the depth and breadth of their media research issues of freedom activity, so as to produce the evidence base on which of expression media policy and practices can be improved. These studies should ideally involve those specialising in mass media and journalism studies as well as sociologists and anthropologists.

4.10 CSOs help 21. Ministry of Education should undertake an communities access evaluation of the school subject of Communication information and and Media Studies, introduced in 2006. Based on the get their voices ndins the curricula should be reised with focus heard on enhancing media literacy as an essential part of the civic education of the future citizens.

22. The government, media industry and journalists’ professional associations should all promote media literacy among the people. This is vital so that more people will develop the ability to critically examine media content in the mainstream media and also to participate in co-creation of new content using digital media.

23. The government should develop a national policy on promoting media literacy through formal and non- formal education methods. Enhancing media literacy should become an overall educational objective.

208 Rebuilding Public Trust Category D TAXATION AND BUSINESS REGULATION

Infrastructural capacity is sufcient 5to support Independent and pluralistic media

Rebuilding Public Trust 209 KEY INDICATORS

A AVAILABILITY AND USE OF TECHNICAL RESOURCES BY THE MEDIA 5.1 Media organisations have access to modern technical facilities for news gathering, production and distribution

B PRESS, BROADCASTING AND ICT PENETRATION 5.2 Marginalised groups have access to forms of communication they can use 5.3 The country has a coherent ICT policy which aims to meet the information needs of marginalised communities

210 Rebuilding Public Trust n information society is a society where the creation, distribution, use, integration and manipulation B A O What is Media of inforation is a sinicant econoic X political and cultural activity. 23 Convergence?

Its main drivers are digital information and edia convergence is phenomenon communication technologies (ICTs). These Minvolving the interconnection of have resulted in an information explosion ICTs, computer networks and media and are profoundly changing all aspects of content. It brings together the “three social organization, including the economy, C’s”— computing, communication, and education, health, warfare, government and content — and is a direct consequence of 187 democracy. the digitization of media content and the popularization of the Internet. During the past few decades, Sri Lanka has been evolving faster into an information Media convergence transforms society. The introduction of mobile telephone established industries, services, and work services in 1989 ushered in a new era of practices and enables entirely new forms connectivity, initially for voice services and of content to emerge. It erodes long- later for many other value-added services established media industry and content through data transfer. The mobile phone has “silos” and increasingly uncouples become the default ‘convergent device’ that content from particular devices, which in brings together a growing number of uses turn presents major challenges for public and services. In emerging economies like policy and regulation. Sri Lanka’s, it has also been a great social leveller, enabling millions of poor to get Source: Britannica.com 188 connected. http://global.britannica.com/topic/ media-convergence The emergence of information society accelerated after Sri Lanka obtained a

187 https://en.wikipedia.org/ wiki/Information_society

188 The Mobile Revolution. By Nalaka Gunawardene. Echelon magazine. 8 August 2014. http://www. echelon.lk/home/mobile- revolution/

Rebuilding Public Trust 211 dedicated connection to the Internet in April 1995, increasing the capacity to allow commercial Internet services (whereas the AVAILABILITYA earlier connectivity since 1990 was limited to academic use).189 AND USE OF On the whole, the proliferation and TECHNICAL societal adoption of ICTs has outpaced the governments’ ability to keep up with RESOURCES BY adequate policy and regulatory responses. However, Sri Lanka does have a number THE MEDIA of policies, laws and regulations related to telecommunications, information technology, digital intellectual property and mass media. As these have evolved organically and often in isolation, they lack a coherence to meet new challenges posed by media and digital technology convergence.

Connectivity and basic access issues have dominated the public discourse during the rst doen ears after the introduction of nternet serices s these ease of across socio-economic groups and the urban-rural ICT disparities gradually decline, Sri Lanka now faces a more complex and nuanced set of challenges. These are sometimes known as post-connectivity challenges, akin to ‘growing up pains’ of an information society.

189 INET Colombo 2015 – 20 Years of Internet in Sri Lanka. ReadMe.lk magazine. 16 June 2015. http://readme.lk/inet- colombo-2015-20-years- internet-sri-lanka/

212 Rebuilding Public Trust Media 5 01 organisations have access to modern technical facilities for news gathering, production and distribution

uring their nearly two centuries of The Lankan media on the whole have evolution, Sri Lanka’s modern mass not been early adopters of ICTs for Dmedia owners and practitioners purposes of news gathering, processing have embraced various technologies for and dissemination. The limitations have their editorial operations, production and been artl due to a lack of nancial outreach. capital, but more due to media managers and practitioners being slow to seize In the 1980s, the main newspaper oortunities ofered b diital technoloies publishers modernised themselves by and web-based platforms. switchin to ofset rintin technolo he modernisation started, interestingly, with The mobile phone is probably the most the printing of all-comics (chitra katha) transformative ICT tool for journalists and newsaers that rst innoated with full media industry. By now, all journalists colour reproduction. By now, almost all use mobile phones and many also use the newsaers and aaines are ofset rinted web in their newsgathering or opinion with liberal use of colour, graphics and sourcing. There still are some resource and photographs. capacity limitations among provincial level journalists and those working in the local Although computers were introduced to the languages. Overcoming these require greater production rooms of newspaper publishers investments and capacity building. from the 1980s, these did not enter the newsrooms for a few more years. Larger Multi-platform delivery systems media companies and English language edia were the rst to couterie their The Lankan media’s institutional level editorial operations. Even today, some transition to the newer ICTs has been slower smaller media companies and local language and more incremental. Newspapers started journalists do not use computers for editorial introducing web editions beginning late content generation (and a few write their 1995. Most newspapers now have their copy by hand). own web editions or eaers a few also operate news websites that carry news

Rebuilding Public Trust 213 updates round the clock. Some media have publications print reader comments received introduced their own social media feeds on via text messages (SMS) or through social popular platforms like Twitter and Facebook. media. Many radio and TV stations use live phone-ins, SMS or Facebook pages for Placing radio and TV content online – which audience participation. required high bandwidth for access -- had to wait until the advent of broadband Yet, for the most part, these are peripheral Internet around 2003-4.190 Many mainstream or additional to the core activities within broadcasters now ofer lie audio and ideo media organisations. Journalists and streaming. Currently, Lankan broadcasters producers are still hesitant or resistant to ‘let live-stream and/or archive their audio go’ of complete control over their content. and video content using various methods, Co-creating media content – for example including the use of YouTube. There is no through crowd-sourcing or crowd-testing – standardising of platform or player to be is rarely practised. No major media house accessible from all devices, including mobile or news organisation has successfully phones, tablets, personal computers and integrated blogging or bloggers as part of smart televisions. their online oferin

Sri Lanka’s mainstream media also fall Digital broadcasting short in using the web and social media for actually interacting with their respective In many countries, the technologies for audiences. Most newspapers and broadcast TV content production, transmission channels use their own websites as well and archiving are moving from analogue as social media platforms for additional to digital, with terrestrial broadcasters content dissemination but many have no switching over to digital during the current clear strategies for sustained audience decade iital broadcastin ofers stations engagement.191 many advantages including more channels, lower operating costs and new business On the positive side, newspapers accept oortunities t also ofers sinicant letters to the editor sent via email, and some benets to iewers includin innoatie

190 Internet in Sri Lanka: 191 Why mainstream media The First Five Years. must embrace social Nalaka Gunawardene and media. David Brewer. 23 Chanuka Wattegama. 2000. November 2012 http:// http://www.academia. www.mediahelpingmedia. edu/4378630/Internet_ org/training-resources/ in_Sri_Lanka_The_First_ media-strategy/587-the- Five_Years_book_chapter_ social-network-challenge- written_in_late_2000_ for-traditional-media

214 Rebuilding Public Trust services, such as interactive TV, electronic s hih bit rate akes it currentl rorae uides and hihdenition the only DTTB standard that can provide (HDTV). However, switching over to digital simulcast for all current analogue TV poses policy, regulatory and technology programmes in a limited frequency challenges. channel.

Sri Lanka has been indecisive for years on The report also recommended introducing a when and how to embark on this process. By new category of service provider to centralise end 2015, the island nation had 24 free-to-air the delivery of broadcasts to viewers. terrestrial television channels, operated by 16 To be called Digital Broadcast Network stations, all broadcasting in analogue mode. Operator (DBNO), it will operate a multiplex Some of them produce content digitally transmitter linked to all broadcasters who but the transmission is in analogue as the produce content. receivers are not yet ready to handle digital signals. The report also proposed import tax concessions to help broadcasters acquire new In 2010, the Ministry of Mass Media equipment and some form of a subsidy to appointed a subcommittee to come up a help households by set top boxes (STBs) to policy framework for the digitalization of allow their TVs to receive digital content. terrestrial television broadcasting. The group included seeral enineers and the l In 2011, ITU’s technical experts worked with industry veteran Dr D B Nihalsingha. Their Lankan counterparts to produce Roadmap report later that year recommended using the for the Transition from Analogue to Digital European originated DVB-T2 as the Digital Terrestrial Television Broadcasting in Sri Terrestrial Television Broadcasting (DTTB) Lanka (ITU, Feb 2012).192 Their original standard, for two reasons: timeline for digital transition was as follows: is ore adanced diital nd to id eloent of terrestrial transission sste oferin DTTB pilot transmission services in hiher ecienc robustness and Northern Province and Western Province eibilit id eloent of serices

192 https://www.itu.int/ ITU-D/tech/digital_ broadcasting/project- dbasiaacicoadas db_asp_roadmap_ SriLanka.pdf

Rebuilding Public Trust 215 Digital terrestrial broadcasting standards worldwide - map courtesy Wikipedia, as at March 2016

from eight DTTB principal stations. government announced the adoption of nd naloue shut of in estern Japanese standard of ISDB-T, and soon Province. signed a bilateral agreement with Japan for nd olete analoue switchof a loan of Yen 13,717 million (approximately LKR 17.4 billion) through Japan International However, the above schedule was not Cooperation Agency (JICA) for digitalization followed. In mid 2014, the Rajapaksa of terrestrial television broadcasting.193

193 http://www.treasury.gov. lk/news-and-events/592- digitalization-of-terrestrial- television-broadcasting- project-ru-sankya.html

216 Rebuilding Public Trust ecoendations The government should develop, through a consultative process with the broadcast industry, a clear strategy and timeline for transiting from analogue to digital broadcasting in television. Once adopted, the strategy’s implementation in a fair and transparent manner should be done by the independent broadcast regulator proposed to be set up. It is important to resolve the various analogue era policy and regulatory anomalies before digital transition is completed.

On multi-platform media content dissemination, the Media Ministry should make it a public obligation for the state broadcasters to maintain Digital transition roadmap for Sri Lanka programme repositories online - ITU Report, 2012 (comparable to the BBC’s iPlayer: https://en.wikipedia.org/wiki/ BBC_iPlayer). Such archiving would be For over a year, the new government did not particularly useful for educational and announce its policy on DTTB. In March, the research purposes. media reported that the government would opt for the Japanese standard. The decision Sri Lanka’s media organisations should was attributed to the cabinet economic develop digital media strategies 194 management committee. that take into account the most suitable digital platforms and tools to 194 http://www.sundaytimes. produce content and engage multiple lk/160327/business- audiences through their delivery. times/u-turn-by-sri- lanka-suspended-tv- Digital strategies should also include digitalisation-deal-back-to- institutional policies and best practices japan-187438.html for social media use, intellectual property rights, archiving and capacity building.

Rebuilding Public Trust 217 Marginalised 5 02 groups have access to forms of communication they can use

wnership of media access devices gives an indication of the mainstream PRESS,B Omedia’s outreach in Lankan society. BROADCASTING As revealed by the Census of Population and Housing in 2012, the mobile telephone AND ICT (found in 78.9% of households) has surpassed television sets (78.3%) as the most PENETRATION common communication device. At the third place is radio receivers found in 68.9% of households. Only 42.4% households have ed hones here are deskto couters in 15% of households while laptop computers were in 5.6%.195

There are no longer major disparities between urban and rural areas about owning mobile phones or television sets, but all ownership levels are lower in the plantation estate sector.196

Tracking media consumption is becoming harder with the proliferation of smartphones, over 3.5 million of which were believed to be in use in Sri Lanka by end 2015. Increasingly, smartphones are being used as a convergent device, for voice calls, SMS, radio listening, web browsing, VOIP, and instant messaging services such as Viber and WhatsApp.

195 Census of Population 196 Household Income and and Housing 2012: Key Expenditure Survey Findings (HIES) 2012-13, covering httcountroceunfa sample of 25,000 org/srilanka/?public households: http://www. ations=12333 statistics.gov.lk/HIES/ HIES2012_13FinalReport. pdf

218 Rebuilding Public Trust Latest cumulative telecom statistics (up to 30 This has, in turn, reduced entry barriers for September 2015) showed a total of 2,644,366 low income groups to own and use their own ed telehones in ri anka which has telephones, mostly mobiles.198 declined from a peak of 3,608,392 in 2011). In contrast, there were 23,771,580 active mobile There still are disparities of signal subscriptions (or 113.4 per 100 persons) coverage and resulting ICT access. For which includes multiple accounts held by example, 3G and 4G mobile signals are not some individuals.197 available everywhere on the island. Signal transmissions are concentrated in urban and By end September 2015, there were 3,373,388 rural areas with high population densities mobile Internet subscriptions and another and more users. This is evident from crowd- ed internet subscritions sourced signal coverage maps of Sri Lanka producing a total of 4,004,911 accounts. available at http://opensignal.com. This meant that most (84%) of Internet subscriptions for accessing via mobile oe action research ndins shed liht devices. Since some accounts are shared on how the ‘digital divide’ in Sri Lanka is among users, it is fair to assume there are being reduced by the rapid spread and use between 5 and 6 million Internet users in of mobile phones including smartphones. the country – or around 25% of the total Beginning in 2005, the Colombo-based population. Asian regional ICT policy research institute LIRNEasia has been studying telephone ICT use by marginalised groups use at the bottom of the pyramid (BOP), or the low income groups. These demand- here is no secic inforation on how side studies on ICT use by the marginalized ICT services reaching out to marginalised have shown that when it comes to using communities. However, thanks to the far- hones the are not diferent fro anone reaching telecom regulation introduced in else. Everyone values the enhanced the late 1990s, Sri Lanka has achieved some personal security, including emergency of the lowest oice and data transfer tarifs communications, and social networking in the world (due to market competition). benets fro ownin their own hone

197 http://www.trc.gov. 198 http://lirneasia.net/ lk/2014-05-13-03-59-39/ projects/2010-12-research- statistical-overview.html program/teleusebop4/

Rebuilding Public Trust 219 B O X 24 Community Media for Inclusive Information Societies

n an inclusive information society, Media) have been used to identify Iremote and other marginalised programming specially designed for communities should also have access particular community groups, such to communications, which needs as ethnic or minority groups with special attention and investments from special needs or interests. Other than governments. Community media can this deliberate orientation, little in the play a key role in this respect. production procedure was changed. Topics were chosen in the same way, Community media can take many by professional communicators, and forms: community newspapers, targeted toward the apparent needs community bulletin boards, community and interests of the audience. But…. multi media centres, etc. Until now, the community media are adaptation of ost efectie counit edia has media for use by the community, for been community radio, because radio whatever purpose the community can be used in a highly participatory decides. They are media to which manner, and its operational costs are the members of the community have within the reach of most communities. access, for information, education, and entertainment when they want Access and participation are the access. They are media in which the two most important dimensions community participates as planners, of community media. However, producers, and performers. They are the these diensions difer uch fro means of expression of the community how concerns of the marginalised rather than for the community.” communities are selectively reported in the mainstream media. Source: Community Communications: The Role of Community Media in his diference was elained b Development. Frances J Berrigan. 1994 rances errian in when denin UNESCO. pp7-8. ‘community media’ as follows: “In http://unesdoc.unesco.org/ the past, similar terms (Community images/0004/000440/044035eo.pdf

220 Rebuilding Public Trust (which, in the Lankan context, is mostly mobiles). The surveys also found that men “More and more Lankans are now and women use phones pretty much the using the Internet. There is no longer same way.199 a language barrier: after Unicode fonts were introduced, people can LIRNEasia’s Teleuse@BOP research in Sri browse and read content in Sinhala Lanka and other emerging markets in Asia and Tamil. In blogs, gossip websites have proved useful in making government and other content, language is no understand the sinicance of teleco longer a problem. In my estimate, especially the mobile, at the Bottom of the of ankan oernent oces are raid ts ndins hae contributed now usin nternet for their ocial to debates universal service policies, on work ublic ocials are also usin taxation and even on registration of phones obile hones widel around for security purposes. They have shown use smartphones. Smartphones are the that innovations in technology, business gateway to Internet for many Lankans. models and policy are required to serve the ecientl een ore crucial is dee “Web content generated and insight into the growing demand for telecom published from Sri Lanka is still very services at the BOP.200 low. Content in Sinhala language is even less. We have a long way to go to make the web a platform where our people are producing, exchanging and improving content.”

- Harsha Wijayawardhana, Head of Department/Consultant, University of Colombo School of Computing (UCSC)

199 http://lirneasia. net/2007/12/ docuentarl highlights-telephone- revolution-in-asias- emerging-markets/

200 http://lirneasia.net/ projects/icts-the-bottom-of- the-pyramid/

Rebuilding Public Trust 221 Rise of Citizen Journalism With the spread of broadband Internet services, more have joined platforms like Increasingly, people are using ICT tools and Twitter (micro-blogging), Facebook (social platforms to perform what Dan Gillmor, a networking), Instagram (image sharing) pioneering practitioner and researcher in civic and YouTube (video sharing). More recently, media, once described as “random acts of additional tools have become available, journalism”. This has led to the emergence of such as interactive images and maps, media a new breed of citizen journalists and social sharing services, and mobile chatting apps media users who are bearing witness to events like WhatsApp and Viber. unfolding around them, openly expressing opinions and sharing digital content. Blogging in the public interest has been growing slowly but steadily since the As Krishan J Siriwardhana of the University Indian Ocean tsunami of December 2004, of Colombo Journalism Unit has noted, which marked a turning point for citizen “Media consumers had a very limited journalism. In the decade that followed, opportunity to convey feedback, share the Sinhala, Tamil and English language their views and comments in traditional blogospheres -- involving both Lankans media due to the inherited characteristics of resident within the island and those overseas newspaper, television and radio. Websites, hae eanded and diersied ontent blogs and social media have not only given being shared on these platforms includes the opportunity to its users to comment and prose, verse, imagery and mixed media. share their thoughts, but also users are given oe blos ofer serious olitical and social the opportunity to generate their content as commentary, while others have become journalists. New Media tools have become platforms for nurturing new creative writing familiar to Sri Lankan users and there is and visual arts talent.202 an increasing use of Citizen Journalism platforms in the country.”201 One researcher estimated over 3,000 bloggers in the Lankan blogosphere in 2015 self- Blogging was the original wave of citizen publishing in Sinhala, Tamil or English.203 journalism which emerged in the late 1990s. As at February 2016, Kottu, the most

201 Contribution of Citizen 202 Blogging in Sri Lanka: 203 http://www.slideshare. Journalism as a Tool A New Platform for net/NalakaG/media- for Development Creativity? reforms-in-lanka-big- Communication in http:// picture-ideas-by-nalaka- Sri Lanka. Krishan J nalakagunawardene. gunawardene Siriwardhana. http://arts. com/2015/04/26/a-k-lit- cmb.ac.lk/sites/default/ fest-session-on-blogging-in- lescontenttitledf sri-lanka-a-new-platform- for-creativity/

222 Rebuilding Public Trust B O X 25 popular blog aggregator, syndicates over Sri Lanka’s First Citizen 1,750 Lankan blogs that are self-registered with its automated service.204 Readership Journalists and interactivity varies a great deal across the blogs – some attract modest numbers f the basic denition of citien while reader numbers and comments-driven Ijournalism is ordinary people discussions at popular blogs can be high and expressing themselves in a public space intense. without any ‘gatekeepers’, Sri Lanka has had a long tradition. On the famous loers t into a larer new edia ‘mirror wall’ in Sigiriya, the “rock ‘ecosystem’ of citizen journalism, which fortress in the sky” built by 5th century itself is constantly evolving. Although not King Kasyapa, visitors over time (from well studied by media researchers as yet, 6th to the 13th century AD) have carved this phenomenon is now a part of our public out arious rati eciherin these sphere. provides fascinating insights into their life and aspirations. According to researcher and new media activist Sanjana Hattotuwa, citizen In more recent times, citizen journalists have been playing a major role expressions have taken various forms, in meaningfully reporting deaths, the from aviolayas (sheets of paper humanitarian fallout and hidden social with topical verses) to ele attara costs of Sri Lanka’s civil war that was either (anonymous newsletters, often with glossed over or sensationalised by most of scurrilous content). It is only during the the mainstream media. He acknowledges, last two decades that some cyber-savvy however, that the ready availability of ICTs citizens have taken to using web- alone does not guarantee public-spirited based platforms for bearing witness to citizen journalism. unfolding events, and for discussing ideas, worldviews and solutions. He notes: “Often, this new age of citizen journalism lacks the grammar of age-old

204 http://www.kottu.org/

Rebuilding Public Trust 223 diplomacy and socio-political norms - the tell stories: photography, short form video, conversation is raw, visceral, impatient, long form journalism, of which we are the irreverent, pithy, provocative…. The only platform in the country.”206 potential of citizen journalism, however, is its ability to provide a forum for all citizens Groundviews has grown beyond a single - male and female, of all ethnicities, castes, website. Its curated Facebook and Twitter classes and religions - to express themselves feeds are among the most visible and freely, society will better accommodate ideas consistent eforts of its kind in ri anka and measures that engender peace.”205 complemented by the Sinahala language (Vikalpa.org) and Tamil language (Maatram. In 2006, Hattotuwa created Groundviews. org) websites and social media feeds. org, citizens’ journalism website based Indeed, citizens are constantly experimenting in Sri Lanka intended as a “safe space with new ways of leveraging the for debate and discussion” during and web for public discourse and private after the civil war. The site uses various communications. Since around 2010, genres and media to highlight alternative discussion has been moving to key social perspectives on governance, human rights, media platforms like Facebook and Twitter the arts and literature, peace-building – even regular bloggers now repost their and other issues hile its ain oferin content on one or both these. Ahamed Nizar, is opinion articles from a broad range of an experienced blogger, laments that the rise perspectives, Groundviews has also been of social media has contributed to a decline using techniques of investigative journalism, of blogging activity.207 data visualization and open-data driven journalism. In post war Sri Lanka, those promoting a progressive, egalitarian and equitable “We’ve created…a very rare thing in the society have had to deal with intolerance country, which is a safe space for debate and and resistance stemming from feudalism, discussion and the articulation of diference state authoritarianism and ultra-nationalist in a civil manner,” says Hattotuwa. “We’re etreis or sil holdin a diferent now experimenting with various forms to point of view, they can experience not only

205 WAN-IFRA Blog, 2013 206 Opinion: The Promise 207 http://www.c3magazine. interview with Sanjana of Citizen Journalism, com/a-dying-breed-how- Hattotuwa: http://blog. by Sanjana Hattotuwa. social-networks-killed-the- wan-ifra.org/2013/05/02/ https://www. sri-lankan-blogosphere/ citizen-journalism- opendemocracy.net/ platform-groundviews- the_promise_of_citizen_ thrives-in-sri-lanka journalism

224 Rebuilding Public Trust verbal threats, but sometimes even physical The recent experience of many civil society attacks. Such intolerance has spilled over organisations has been that advocacy into social media as well. Racists, religious caains are ore efectie when the bigots, conspiracy theorists and assorted use a combination of online/social media rabble-rousers have taken cover behind and more conventional approaches such as the web’s anonymity and pseudonymity press conferences, media statements, public to indule in widesread ilication and marches and, where warranted, peaceful demonisation. street demonstrations. Social media use in Sri Lanka ecoendations The diversity, speed of evolution and The government should establish a rowin inuence of social edia ose Media Development Fund and/or a both opportunities and challenges to those Media Diversity and Development engaged in advocacy and activism. Sri Agency to actively support the Lanka lacks an ‘ICT Observatory’ to discern development of a more diverse releant trends and docuent secic media industry through support for examples, so evidence tends to be anecdotal. community media operations and small commercial media entities. A An initiative worth mentioning is Manthri. useful model is the Media Diversity lk -- a trilingual website that tracks the and Development Agency of South performance of the 225 Members of Africa (http://www.mdda.org.za), set arliaent in ri anka t oes b the ocial up by an Act of Parliament in 2002. record (Hansard), analysing and coding each statement which is fed into a customised The ICT Agency should review system developed by the website owner and its policies and strategy for rural operator - Verite Research, a think tank that tele-centres (enasalas), as the provides strategic analysis and advice for spread of mobile phones (especially decision-makers and opinion-formers.208 smartphones) has completely changed the dynamics of how urban and rural Lankans access and share information. 208 http://www.manthri. In doing so, it should evolve a more lk/?locale=en diferentiated aroach addressin information needs of various marginalised groups (including, but not limited to, those with disability and older people).

Rebuilding Public Trust 225 The country 5 03 has a coherent ICT policy which aims to meet the information needs of marginalised communities

s at January 2016, the new government body in Sri Lanka. ICTA is mandated “to has yet to announce a revised ICT take all necessary measures to implement policy. Until a new policy is introduced, the government’s policy and action plan in A 210 it may be assumed that the ICT policy thrust of relation to ICT”. the government is drawn from the e-Sri Lanka project, originally introduced in 2003 by the last ICTA’s facilitation and promotional work for Ranil Wickremesinghe government that was in a doen ears has roduced benets such as oce fro to these211:

The e-Sri Lanka project was launched ‘to use ocal anuaes nitiatie was to ensure ICTs to develop the economy of Sri Lanka, that ICT can be used in Sinhala and reduce poverty and improve the quality of Tamil, based on national, international, life of the people’. That vision was pursued interoperable standards, and to ensure that throuh a e rorae strate i ICT in Sinhala and Tamil is easy to use. It is buildin the ileentation caacit now possible to type in Sinhala and Tamil, buildin inforation infrastructure and an exchange information in Sinhala and Tamil enablin enironent using computers, and browse the web deeloin huan resources in Sinhala and Tamil without having to oderniin oernent and delierin download various fonts. citien serices and leerain for econoic and social n addition to lk the countr code development, through public-private top level domains (ccTLD), it has partnerships. become possible (since 2011) to use Internationalised Domain Names (IDN) A sixth strategy area, on e-society, was added in Sinhala and Tamil. This allows all later.209 people who do not use English to have easier access to Internet resources. Now The Information and Communication registering of domain names can also Technology Agency (ICTA) was set up in be done in Sinhala and Tamil under the 2003 as the apex ICT policy implementing ccTLDs .,xld and. . . 212

209 http://www.icta.lk/index. 210 An overview of Sri Lanka’s 211 Main source: http://www. php?option=com_content& ICT sector is found on icta.lk/attachments/ view=article&id=25&Itemi this World Bank website: article/1247/Ideas%20 d=233&lang=en http://broadbandtoolkit. Actioned,%20v%205.pdf org/Case/lk/3 212 http://fjí.,lajiu.,xld/ index.php/si/

226 Rebuilding Public Trust forts hae been ade to ake s ore has also established the oernent accessible to persons with disabilities. To Information Centre (GIC) to provide bridge the lack of standardization and information related to citizen services teaching tools, a sign language dictionary provided by various government agencies. in Sinhala and Tamil was developed, along This service, which operates a website with an eLearning course that allows http://www.gic.gov.lk/gic/ and a call anyone to learn Sri Lankan sign language. centre short code ofers its free (Sign language used by hearing impaired service in all 3 languages (Sinhala, Tamil, people around the world varies from English).216 country to country.) Impaired Aid is a suite of applications for those who cannot see However, there remain unresolved issues and those who cannot hear. It includes especially on technology standards. Due to software for conversion of local language long delays in adopting Unicode characters text to Braille.213 for the local languages, other systems had been developed by printers who continue to hasha uru hels inhala seakers to use them instead of Unicode compliant ones. learn speaking in Tamil and vice versa. Local language fonts also lack full versatility, This is available for free download from e.g. in functions like optical character the Google app store.214 recognition (OCR). Sri Lanka’s digital content generation and sharing needs full has set u a network of telecentres interoperability, compatibility and versatility named enasala (Sinhala for ‘knowledge of Sinhala and Tamil characters. The centre’), meant to support ICT needs respective keyboards also need streamlining of rural areas. By end 2015, over 1,000 and standardizing. such centres had been set up, albeit with varying degrees of community integration. Internet Infrastructure enasalas are meant to provide information and communications support for poverty ntil recentl ber otic cables hae not reduction, economic development and been used widely in Sri Lanka and the peace-building.215 aorit of the ber networks in the countr

213 http://www.wsis-award. 215 http://www.nenasala.lk/ org/winner/impaired- index.php?option=com_co aid-3720100424 ntent&view=article&id=86 &Itemid=523&lang=en 214 http://www.mobogenie. com/download-bhasha- 216 http://www.icta.lk/index. guru-1184238.html php?option=com_content& view=article&id=1494:gove rnment-information-center- 1919&catid=131:main- projects&Itemid=234& lang=en Rebuilding Public Trust 227 are being used only for the purpose of LIRNEasia’s 2012 study of broadband in transortin backhaul trac ie wholesale Sri Lanka highlighted the quality of service level Internet bandwidth. The regulator issues. As its summary noted: “A key TRCSL has entrusted Sri Lanka Telecom to challenge is…bringing a product of adequate strengthen the National Backbone Network quality to consumers. Budget broadband/ (NBN), so as to cater to future needs of all budget telecom models mean low cost and ICT operators of the country.217 therefore low prices. But they also mean low quality. This is indeed the case with Sri Telecom operators need to ensure that their Lankan broadband. While the Sri Lankan broadband seeds do not dro or uctuate mobile broadband performs better than Sri within a wide range as more users sign up ankan ed broadband arious ualit of and pressures on their network increases. service measures, when compared with the Such increase of backhaul capacity has not developed world Sri Lankan consumers get always happened, leading to consumer less value for money on broadband. Part frustration and complaints. On its website, of the reason is bad advertising (promising ofers a sile broadband seed test broadband speeds that are possible but user awareness is still low on broadband theoretically, but not in reality). But a bigger consumer rights.218 part is the infrastructure – in particular, bottlenecks in international connectivity due Sri Lanka receives its international Internet to high prices.”219 connectivity through two major submarine cable systems: South-East Asia–Middle Enabling greater access East–Western Europe (SEA-ME-WE), and the Fiber-Optic Link Around the Globe (FLAG). The new government has recognized the There are three submarine cable landing need for afordable nternet connectiit stations operated by SLT and Lanka Bell. with a reliable ualit standard wo secic Connectivity is also obtained through two initiatives illustrate this commitment. regional submarine cables, Bharat Lanka and Dhiraagu. Free Public WiFi: In December 2014, Maithripala Sirisena’s election manifesto,

217 Strategies for the 218 http://www.trc.gov. 219 Broadband in Sri Lanka: promotion of broadband lk/2014-05-12-13-25-54/ Glass Half Full or Half services and infrastructure: broadband-speed-test.html Empty? http://www. a case study on Sri infodev.org/articles/ Lanka. ITU and the broadband-sri-lanka Broadband Commission for Digital Development. 2012. http://www. broadbandcommission. org/Documents/ publications/BB_MDG_ SriLanka_Final.pdf 228 Rebuilding Public Trust National Backbone Network (NBN) in its section on media freedom, pledged to “adopt a media development policy for managing communication technology and social media for the good of society” but did not elaborate he onl secic promise was to set up free public WiFi zones at key public places across the island – implementing this commenced in March 2015 with the participation of telecom operators. By mid February 2016, 206 such WiFi zones had been set up according to ICTA.220

Google Loon Partnership: In July 2015, ICTA signed a memorandum of understanding with Google, Inc., to spread wireless Internet access throughout the island through a partnership with Google Project Loon. This involves setting up a network of 13 high-tech balloons strategically positioned some 20 km above the island. hese heliulled and solarowered balloons will act as oatin cell towers that distribute 3G mobile signals wider than ground-based towers can. When commissioned in 2016, ICTA says this system could “make Sri Lanka potentially the rst countr in the world to hae universal Internet access”.221

100220 httwwwfreewilk hubs.php

100221 http://www. lankabusinessonline.com/ google-loon-project-to- cover-sri-lanka-with-3g- internet/

Rebuilding Public Trust 229 Submarine cables connecting Sri Lanka to global information infrastructure. From TeleGeography Submarine Cable Map at http://www.submarinecablemap.com

Open data government development, demographic, statistical and expenditure data available ‘Open Data’ means that certain types of in a useful digital format for researchers, data should be freely available for everyone policymakers, software solution developers to use and republish as they wish, without and the general public”. It proactively places restrictions from copyright, patents or other online machine-readable datasets (i.e. data mechanisms of control. The open data that is not ‘locked in’ and can be analysed aroach is eseciall alied to scientic with other software).222 data and government data. During the past few years, Sri Lanka’s public sector has been As at February 2016, Sri Lanka Open Data slowly moving towards open data. Initiative shared 89 datasets from 9 public sector entities. Nearly half of these came The Sri Lanka Open Data Initiative, started from the Department of Census and Statistics in 2013, is operated by ICTA in collaboration and the Central Bank of Sri Lanka. Among with other agencies. Its goal is to make “core the other participating agencies are the Police

222 https://www.data.gov.lk

230 Rebuilding Public Trust Department, Import and Export Department, Considering the increasingly Board of Investment and the Department of networked economy and society, the otor rac government should ensure that there is adequate international connections While there are many strong arguments for between Sri Lanka and the global opening up public data, there is a need to Internet infrastructure, and that guard against potential misuses, for example the National Backbone Network is on privacy of individuals. User guidelines adequate and robust. At the retail level, and ethical frameworks need to evolve. Sri TRCSL should ensure that all telecom Lanka does not yet have these. operators maintain broadband quality standards so that consumer interests are safeguarded.

ecoendations The government should extend its open data policy, already articulated The government, through the Ministry in the Sri Lanka Open Data Initiative, of Telecommunications and Digital across the entire public sector including Infrastructure, should adopt a clear public universities and public funded and coherent ICT policy which takes research institutes. This would lead to full advantage of digital technologies proactive sharing of data that has been and opportunities for promoting gathered and stored using taxpayer governance, democratic pluralism and funds, leading to a culture of data- the public interest. There is a need driven public discussion and debate. for better awareness at policy and regulatory level of challenges such as Sri Lanka’s public universities privacy protection and cyber security. should considering setting up an Citizen consultations should be held ‘ICT Observatory’ to undertake with a view to developing a new multidisciplinary action research on policy. ICTs’ impact on society, culture, politics and the economy. Such a body can also The ICT Agency should solve all play a leadership role in promoting outstanding issues on Sinhala scripts cyber literacy that is currently low. on a priority basis, as this bottleneck hinders the development of local language digital content. ICTA needs to ensure full interoperability, compatibility and versatility of Sinhala and Tamil characters.

Rebuilding Public Trust 231 s Citizen journalists t Social media cover issues of enables Lankan fellow citizens citizens to while....Cartoon by access stories Gihan de Chickera, that mainstream Daily Mirror 18 media hesitates to June 2014 cover - Cartoon by Awantha Artigala, Wijeya Newspapers 232 Rebuilding Public Trust s sing ofcial proceedings, Manthri.lk asseses Parliamentarians’ performance and ranks them

Rebuilding Public Trust 233 CATEGORY 5 nrastructural capacity is sufcient to support Independent and pluralistic media ollation of ecoendations

Indicator Relevant Recommendation

5.1 Media 1. The government should develop, through a organisations have consultative process with the broadcast industry, a clear access to modern strategy and timeline for transiting from analogue to technical facilities digital broadcasting in television. Once adopted, the for strategy’s implementation in a fair and transparent news gathering, manner should be done by the independent broadcast production and regulator proposed to be set up. It is important to distribution resolve the various analogue era policy and regulatory anomalies before digital transition is completed.

2. On multi-platform media content dissemination, the Media Ministry should make it a public obligation for the state broadcasters to maintain programme repositories online (comparable to BBC’s iPlayer: https://en.wikipedia.org/wiki/BBC_iPlayer). Such archiving would be particularly useful for educational and research purposes.

3. Sri Lanka’s media organisations should develop digital media strategies that take into account the most suitable digital platforms and tools to produce content and engage multiple audiences through their delivery. Digital strategies should also include institutional policies and best practices for social media use, intellectual property rights, archiving and capacity building.

5.2 Marginalised 4. The government should establish a Media Development groups have Fund and/or a Media Diversity and Development access to forms of Agency to actively support the development of a more communication diverse media industry through support for community they can use media operations and small commercial media entities. A useful model is the Media Diversity and Development Agency of South Africa (http://www. mdda.org.za), set up by an Act of Parliament in 2002.

234 Rebuilding Public Trust Indicator Relevant Recommendation

5.2 Marginalised 5. The ICT Agency should review its policies and groups have strategy for rural tele-centres (enasalas), as the access to forms of spread of mobile phones (especially smartphones) communication has completely changed the dynamics of how urban they can use and rural Lankans access and share information. n doin so it should eole a ore diferentiated approach addressing information needs of various marginalised groups (including, but not limited to, those with disability and older people).

5.3 The country has a 6. The government, through the Ministry of coherent ICT Telecommunications and Digital Infrastructure, policy which should adopt a clear and coherent ICT policy which aims to meet the takes full advantage of digital technologies and information needs opportunities for promoting governance, democratic of marginalised pluralism and the public interest. There is a need communities for better awareness at policy and regulatory level of challenges such as privacy protection and cyber security. Citizen consultations should be held with a view to developing a new policy.

7. The ICT Agency should solve all outstanding issues on Sinhala scripts on a priority basis, as this bottleneck hinders the development of local language digital content. ICTA needs to ensure full interoperability, compatibility and versatility of Sinhala and Tamil characters.

8. Considering the increasingly networked economy and society, the government should ensure that there is adequate international connections between Sri Lanka and the global Internet infrastructure, and that the National Backbone Network is adequate and robust. At the retail level, TRCSL should ensure that all telecom operators maintain broadband quality standards so that consumer interests are safeguarded.

Rebuilding Public Trust 235 Indicator Relevant Recommendation

5.3 The country has a 9. The government should extend its open data policy, coherent ICT already articulated in the Sri Lanka Open Data policy which Initiative, across the entire public sector including aims to meet the public universities and public funded research information needs institutes. This would lead to proactive sharing of marginalised of data that has been gathered and stored using communities taxpayer funds, leading to a culture of data-driven public discussion and debate.

10. Sri Lanka’s public universities should considering setting up an ‘ICT Observatory’ to undertake multidisciplinary action research on ICTs’ impact on society, culture, politics and the economy. Such a body can also play a leadership role in promoting cyber literacy that is currently low.

236 Rebuilding Public Trust Annexes D TAXATION AND

Annex 1 Sources and Persons consulted BUSINESS REGULATION Annex 2 Research Support Team

Annex 3 Summaries of Focus Group Discussions

Annex 4 Recommendations to political parties during General Election 2015

Annex 5 Radio and Television Channels in Sri Lanka

Annex 6 Registered Institutions for Radio and TV Licence in Sri Lanka

Annex 7 Highlights of Public Survey on Mass Media in Sri Lanka 2015 Rebuilding Public Trust 237 Annex 1 Sources and Persons consulted

his study was driven by a combination s ana brahi outh sia ree edia of literature review, personal ssociation ri anka hater Tinterviews with key stakeholders, and s ilrukshi andunnetti orer focus group discussions. ssociate ditor Ceylon Today newspaper soka ias ountr eresentatie The literature review took into account sian edia nforation and various books, academic papers, advocacy ounication entre group reports, published news media anaranana hief ditor Ravaya reports, media op-ed articles, blogs and newspaper other sources that are in the public domain. uith haainda enior nalst and Sources going back to the past 20 years were ead of olitics erite esearch consulted in some cases, but most were run rokianathan ditor Sudar Oli published during the past few years. The key newspaper sources and references are given in footnotes. ukuar ockwood ress olaints oission of ri anka For the Rapid Assessment conducted during March – April 2015, a number of persons uar oe ri anka ress were informally consulted by its author nstitute Nalaka Gunawardene through face-to-face a de ila nnoation disor for interviews, phone calls or emails that elicited sia nterews inforation clarications and iewoints n ileea besekera adertisin particular, inputs from the following persons professional are acknowledged with much gratitude s anda alado social arketin (Designations given are those valid at the professional time of interviews). ana alansooria eional disor for sia nternational edia uort arunaratne aranaithana ecretar Ministry of Media For the full assessment, the research team r haritha erath orer ecretar of the Secretariat for Media Reforms inistr of edia and nforation interviewed selected media stakeholders iaananda aaweera edia consultant using a structured questionnaire and later and media rights advocate transcribed them. The following persons ob endel ecutie irector entre granted such interviews (listed in no for aw and eocrac anada particular order): r radee eerasinhe enior Lecturer in Mass Media Studies, niersit of olobo

238 Rebuilding Public Trust ame fliation ntervie date unchihewa riter colunist and critic r ohan aaraia ounications scholar forer irector eneral eleco eulator oission s uithra ahubaddha oelist forerl of ri anka dinistratie erice aantha ernando irector eal enc red aae resident eb ournalists ssociation airika erusinhe orer chairan ri anka Rosmand Senaratne Former General Manager, Swarnavahini and forer chairan ri anka riantha ariaerua orer irector eneral Telecom Regulatory oission disor to iatha ri aan ditor ail irakesari han ietune enior anaer docac ublic elations ransarenc nternational ri anka ineswaran hief inister of orthern roincial ouncil al antha orer eber of arliaent anatha iukthi arauna ndika aaratne irector ews ri anka roadcastin ororation s rithika hararaa ecturer ournalis nit niersit of afna

r uban ariaillai isitin lecturer niersit of afna

usara inal hannel ead irasa aira alue ead of inance and uan esources anka roadcastin etwork

Rebuilding Public Trust 239 unarasa ews ditor hinakaran anchana arasinhe roducer ri anka roadcastin ororation arsha iaawardhana ead of eartentonsultant niersit of olobo chool of outin ackson irector eneral nineerin ri anka roadcastin ororation ewton unaratne orer ahairan ea alin arunaratne anain irector eritae dond anasinhe orer ditor iaina and he sland iitha aa orer ditor he sland unda sland and unda ies ohan aaranaake orer chairan ri anka uaahini ororation coentator on international afairs

Thilina Samarasooriya Director - Training & Foreign Relations, ri anka roadcastin ororation oaratne issanaaka hairan ri anka uaahini ororation incubent at the tie of interiew Saman Athaudahetti Additional Secretary (Media) to the rie inister of ri anka aindra dditional ecretar inistr of ass edia haritha erath orer ecretar inistr of ass edia rof haika ananath orer chairan of ri anka uaahini issanaake ororation and ri anka anda uruttetuweaa hairan ri anka roadcastin ororation arikkar orer hannel ead irasa

n addition those who articiated in the e focus rou discussions are naed alon with summaries in Annex 3.

Rebuilding Public Trust Annex 2 Research Support Team

aluable research and interview assistance for the Rapid Assessment was roided b eer ussain who visited and consulted with several Tamil language media organisations and professionals.

For the full report, the following team provided research assistance and support in various ways, working under the overall suerision of r radee eerasinhe ead eartent of ass edia ri alee aus niersit of olobo

Research Associates: aitha akali ueshi rabashini Dilan Singappuli

Research Assistants: akshiri iesinhe haodi aluarachchi Fathima Shamila inithi ierathne iuna ariawasa ubudu athirana ndira awaauwa

Rebuilding Public Trust Annex 3 Summary of Focus Group Discussions

ocus roup iscussion it ational Collective of Provincial Journalists (9 June 2015) Participating: Kanchana Kumara Ariyadasa, resident oana iriardena ecretary T M Janoo Kichilan, Treasurer

deall roincial ournalists should be engaged in this pursuit on a full time basis. There are a few among us who manage this by contributing news to multiple edia outlets ut ost cannot do so as payments for their reporting is very low. edia outlets for which we reort hae little or no obliations to us e et aid little and hae no other benets e hae no employment contract or salary details, so cannot een al for a bank loan en when one of us dies, there is no expression of condolences fro olobo edia companies. an roincial ournalists are known and resected in their areas he dont need the media accreditation issued by the government to gain access to sources or eents n soe cases roincial ournalists are ore inuential than local politicians. ost roincial ournalists hae established their trust with sources and can access news and information even without legally guaranteed right to inforation ut would ake it easier and faster. oe roincial ournalists think that the cannot criticie oernent ocials or politicians. This is a misconception. The challenge is to gather evidence and report

Rebuilding Public Trust without bias or ideology. Some among us does not ake anone a ournalist hae criticised ublic ocials or oliticians reporter needs to have some grounding in even in the state media. ethics, too. adl we hae no control whatsoeer ur lonter ision is to deelo on the news agenda of media companies our own provincial newspapers and for whom we report. Some media outlets community radio services, so we can want our coverage to be centred on local cover our local stories in greater depth oliticians ut we want to focus on and detail. Market viability of such media eoles robles issues and solutions is a huge challenge. A cooperative can e want to eole into a roincial roide the nancial foundation needed ournalists ooeratie with leal status for such ventures. and reistration with the oernents eartent of ooeraties uch an ocus roup iscussion it ri ana entity can collectively support welfare and Muslim Media Forum (8 June 2015) professional development of provincial Participating: M S Ameen Hussain, Media ournalists trainer and consultant aved unaer roincial ournalists need an enablin Assistant Treasurer; Thaha Muzamil, Vice environment in which they can carry out President their ournalis actiities with freedo dinit and selfresect e are not ur edia is diided alon linuistic aurdhi beneciaries reciients of reliious and olitical lines e need poverty alleviation cash transfers from media reforms to overcome these divisions oernent so dont wish to be treated and evolve as an industry. as such by anyone! ournalists in ri anka face an e need to reular uradin of our diculties in the line of their work here knowlede and skills hile occasional are laws, regulations and procedures in training workshops are useful, we would government that restrict information. like to see a ore ssteatic efort in e are hoeful that when the iht to capacity building. nforation law is enacted this situation e are strulin to et oranised en will improve. registering our collective has been delayed ublic ocials hae historicall been for 3 years by bureaucratic procedures. trained to restrict, not share, public entuall we want to eole to a trade information. They go to great lengths to union. block inforation e need a chane of e are concerned b soe edia outlets such attitudes. rootin an citien to reort their local ournalists hae deised was of accessin events through videos captured using even restricted information, but they obile hones ain a sarthone face enormous risks in reporting such

Rebuilding Public Trust information related to corruption, political television broadcasters in Sri Lanka. scandals and administrative blunders, During 2009-2011, some discussions were etc nsurin the safet of ournalists held on setting up such a body, but it has and media organisations is a vital part of not happened. promoting democracy. ust as we deand and eect reater an restrictions were iosed durin transparency in the government, we also the civil war on freedom of expression. need greater transparency in the media Now, more than six years after the sector itself. For example, appointments war ended, why are these curbs being and promotions in many media companies continued e are no loner under lack clear policies and procedures. erenc eulations ut soe ublic e need to better enae and inole sector procedures introduced during the readers and audiences in how media war continue. These need to be changed. content is determined and produced. he th endent to the onstitution Right now, we have mostly passive media is a progressive step forward: it also consumers. reconied the riht to inforation as a oe riate edia coanies do not fundaental riht ut we need ublic a ension benets to their education on how to assert these rights in ournalists ournalists in an riate the public interest. edia are not allowed to oin trade unions deall we should hae an efectie sste or participate in union activities. of self-regulation in our media so that the ur ournalists need trainin and caacit state does not need to et inoled e building in knowledge, skills and ethics hae the ress olaints oission but this is not going to be accomplished since but it is not et a full by random short-duration workshops. efectie sste because it is oluntar e need a ore ssteatic aroach to not obligatory, to abide by its rulings. training. Some media organisations and erhas should be eowered ournalists do not see the alue of trainin to iose nes or hae other unitie so we need to promote the demand side powers on media that does not correct too. proven lapses. o atter how hard we tr to train ditorial freedo is under siee in ri ournalists soe of the hae an attitude Lanka from state and corporate sources. roble that the dont need an There is regular interference by politicians training). This must change. and adertisers e need laws to edia owners robabl dont like their uarantee editorial freedo of ournalists ournalists caacit bein built and the and editors. standard of ournalis oin u because e also need a colaints echanis then ournalists will hae to be aid better and self-regulatory body for radio and e do not hae edia luralis in ri

Rebuilding Public Trust anka toda e hae an outlets government representatives or nominees but they are driven by a certain, narrow in that commission. All commissioners agenda. should be competent and respected individuals, and they should serve a ocus roup iscussion it ri ana sinle ed ter ears Press Association (8 June 2015) here needs to be a iniu ualication Participating: Upul Janaka Jayasinghe, to enter ournalis uch national edia National Organiser; Narendra Rajapakse, ualication should be ualit assessed Vice President; Pushpa Ilangatilake, and certied t should becoe andator Executive Committee member for all those who wish to work in the media from 2015 onwards. here are hue labour rihts and er edia coan should be reuired issues in media companies. Many to adopt its own code of ethics, which ournalists are eloed without a letter should be disclosed to the public. Media of appointment. There is widespread consumers can then assess their conduct exploitation. against it. ll ournalists should be issued with a er edia coan should also hae letter of aointent and the ode of their own budsan who can look into thics for ournalists aetted in can staf rieances and reader colaints be part of that letter. and resolve as many of these as possible at ode of thics is not resected or heeded that level. b ost edia in ri anka he ditors alaries of ournalists and other edia Guid has taken it forward to some extent, workers should be linked to educational and got most newspapers to commit to the ualications and trainin certication iht of el ut how an newsaers Salary increments should take into actually respect that right? Not many. account the acquisition of new skills and rootion of edia freedo should be competencies. accompanied by a proper regulation of media edia coanies should ideall as well as an ethicall resonsible edia e standardie their salar scales his would can learn uch fro ndia on this reent soe coanies oachin e hae concerns whether ress ournalists fro another coan b olaints oission is sucientl paying a few thousand rupees more. empowered to act when a media outlet edia freedo is ost restricted b violates ethics and defames individuals media owners. So the media reform or entities n our iew the itself process needs to become a movement that needs to be monitored and regulated. involves everyone – media employees, e need an indeendent edia managers, owners, regulators and media commission. There should be no state or consuming public.

Rebuilding Public Trust ournalists and other edia workers in management and overall regulation of the Sri Lanka are not properly organised or broadcast industr e need to strealine united when compared to other sectors the status quo before moving into digital like bankin e need a stron alliance broadcasting. that can network and unify 15 media here is a code of ethics the ode of associations. rofessional ractice adoted b the he ournalist in ri anka lacks dinit ditors uild of ri anka ut we and selfresect ost dont take ride in wonder how many of the editors, even their profession. This needs to be changed those who were involved in adopting this slowly by raising professional standards of ode actuall ractise it in their own dail media. media work? tate adertiseents are ien onl to e hae edia associations and societies selected media companies, which creates but need to evolve into a media sector market anomalies. There is, in fact, a trade union e hihlihted this as a ke abinet eorandu that sas state oint in the harter for a eocratic sector advertisements should only be and luralist edia ulture and ocial given to state media. This needs to be and rofessional ihts for edia and reisited and claried ournalis in ri anka that we drafted in 2005 and is known as the Tholangamuwa ocus roup iscussion it ri ana Declaration. Working Journalists Association (4 June e need to ensure that ournalists and 2015) other media workers are free to form Participating: Lasantha Ruhunage, trade unions in their work laces andor President; Kanchana Marasinghe oin eistin trade unions without fearin repercussions from their employers or loss irwaes are a ublic roert so of obs everyone who uses spectrum needs to be e realie that an edia owners toda accountable to the ublic roadcasters acknowledge the need for media reforms. cannot do whatever they please with their e need their suort and articiation licenses. for media reforms to succeed. roadcast reulation does not ean e hae to oe beond lacard reulatin their editorial content t is the carrying, slogan-shouting kind of trade use of spectrum and overall balance and union activism to one that is based ethical conduct that needs regulation. on negotiations with all stakeholders eleco eulator oission includin edia owners ri anka ress has not managed the frequency spectrum nstitute is the latfor we hae for this well e need an indeendent broadcast e need letters of aointent for all commission to cover licensing, spectrum ournalists and other edia workers but

Rebuilding Public Trust that is not enough. The power equation ocus roup iscussion at te ana ress between owner and individual employee Club (2 May 2015) is not a balanced one. Thus we need to Participating: Dharmapalan Vinojit, develop collective agreements with media ignesaran aeevan atnam owners. This practice is commonplace in Dayabaran and Sriramachandran other industries, so why not in the media? Mayudaran uch of what haens inside our edia companies is done informally through n a ulticultural societ like ours the connections and faours oe ournalists media can either promote ethnic harmony are ha with this and dont see the or divide people. National reconciliation is need to oranie as a trade union ut we still not a priority for all our media. This is need such eolution to rofessionalie the because most media have no clear policy sector. on reconciliation. he stateowned ress ouncil of ri oared to the situation in other areas anka should be abolished and the ress of Sri Lanka, media freedom of media ouncil ct should also be reealed or ractitioners in the orthern roince is relaced ut we reconise the need for a still lagging behind and problematic. complaints mechanism for media, so we en after the chane of oernent hae to strenthen the ress olaints in anuar orthern ournalists oission continue to experience threats and arrests e dont et hae laws uaranteein the due to their rofessional work e are rotection of edias sources ut courts in not free to report or comment on the ri anka hae reconied that ournalists round realities of afna and the orthern need not disclose their sources ur roince in our edia entire media industry is based on trust here are olitical and societal factors and condentialit we can ofer sources inhibiting free and open reporting in the disclosing information in the public orthern roince his does not sere interest. our media consuming public or the media industry. e are not seekin freedo to do whatever we please. All we ask is that we be allowed to reort based on ournalistic rinciles and ethics s that too uch to ask for? e hae ressures fro outside as well as from within the media industry. Sometimes we as reporters are not allowed to cover all aspects of a given incident or

Rebuilding Public Trust issue e hae to risk our obs and een national perspective where needed. life and limb to give the full story to our here is soethin like a class diide public. between the national level media and n site of these liitations we are the provincial or local level media in Sri committed to upholding the public interest Lanka. The former gets all the recognition as uch as we can e hae built u and easier access, but the latter has to resilience during the war years and are not strule to een et noticed n a health easily deterred. media ecosystem, we should have room e tr not onl to hihliht robles that for both these kinds to co-exist and thrive. the Northern people face, but also look for e reconise that there are as in solutions e cannot sole an robles the professionalism of provincial but advocate certain measures that need to ournalists e are keen to iroe our be taken by government, business or civil professionalism for which we need all the society. help we can get. e feel isolated fro the rest of edia edia deands accountabilit fro counit in ri anka e hae tried everyone else in society, but we in the very hard to engage, but the (southern) media must also be accountable to the media community does not seem to public. For this we need media regulation. reciprocate. Readers and audiences need to have ookin at the ankan edia as a whole mechanisms through which they can there still is considerable stereotyping of coent or colain about secic edia ethnic and religious minorities. During the content or any violations of media ethics. war, some newspapers equated all Tamils as iers hile this no loner haens old reudices are linerin aon soe ournalists and editors ur societ and edia counit are both olaried along ethnic lines. here is a need for ore robust and better organised regional or provincial level edia in ri anka h should the edia industry remain so concentrated around olobo ainst an odds we are workin hard to sustain several local level newspapers in afna e tr to coer local news but our analysis and commentary is not narrowly focused on our areas e tr to adot a

Rebuilding Public Trust Annex 4 Statement on Freedom of Expression and Media Freedom For the attention of political parties contesting in General Election 2015

Issued on 21 July 2015 in Colombo by: ince the residential lection on anuar Secretariat for Media Reforms 2015, some progress has been made with ri anka ress nstitute reards to freedo of eression Free Media Movement (FMM) and media freedom in Sri Lanka. These ri anka orkin ournalists ssociation include: steps being taken to end threats against and pressure on media organisations ri anka ress ssociation and ournalists the unblockin of olitical afna ress lub websites that were arbitraril blocked Sri Lanka Muslim Media Forum the th endent to the onstitution ational lliance of roincial ournalists reconiin the riht of access to inforation ational lliance of ounit as a fundaental riht and the oernent roadcasters extending an open invitation to exiled oun ournalists ssociation ournalists to return to ri anka

s Media advocacy groups presenting priority recommendations for media reforms ahead of General Election 2015

Rebuilding Public Trust ut uch ore reains to be done to be abolished. The self-regulatory iroe and edia freedo situation body established in 2003 by the in Sri Lanka, and to ensure a more conducive edia industr known as the ress environment for the media. Such policy, legal olaints oission of ri anka and structural reforms would require the should be strenthened and political will of all political parties in the next ideally its scope should be expanded to arliaent of ri anka cover the broadcast media as well.

n iew of this we ure the olitical arties a evie and evision iil contestin in the eneral lection to be and criminal laws that pose various held on uust to ie a r restrictions on media freedom should coitent to the followin secic be reviewed and revised to bring them measures for meaningful media freedom into line with international standards and reforms. regarding freedom of expression. Such laws include the reention of erroris These are not listed in any order of priority. ct the cial ecrets ct sedition laws and the rules on contempt of court and 1. Right to Information: A right to arliaentar riilees information law, which gives individuals the right to access information held by 4. Crimes Against Journalists: An public authorities, should be adopted. indeendent oission of nuir he new arliaent should ass on a should be created with a mandate and riorit basis the iht to nforation adequate powers to investigate past ill that was nalised in a with killings of, threats to, disappearances of inputs from media stakeholders. and other attacks on ournalists edia workers and media outlets, with a 2. Media Self-Regulation: he ress view to ensuring that those responsible ouncil ct o of should are prosecuted and that appropriate be repealed, and the government- compensation is paid to the victims and controlled ress ouncil should their families.

250 Rebuilding Public Trust 5. Broadcast Regulation: orehensie 6. Community Broadcasting: The legislation on broadcasting should broadcasting regulation to be introduced be adopted in line with international should support the development of guarantees of freedom of expression. community broadcasting services This should provide for, among other owned and operated by communities things, proper planning in relation to the throuh clear denitions of what frequencies allocated to broadcasting, constitutes a community broadcaster, including through the digital transition, a tailored licensing process, and lower a three-tier system of broadcasting which fees for frequency allocation and other recognises public, commercial and concessions. community broadcasters, and obligations on broadcasters to be balanced and impartial 7. Restructuring State Media: The three in their coverage of politics and other State broadcasters – the Sri Lanka matters of public concern. An independent uaahini ororation the ri roadcastin uthorit should be set u to anka roadcastin ororation regulate the entire broadcasting sector in and the ndeendent eleision etwork the public interest. This regulator should should be transfored into ensure a fair luralistic and ecient independent public service broadcasters broadcasting system. which eno editorial indeendence hae

s Seetha Ranjani, Convenor of Free Media Movement, speaks at press conference on media reforms, 21 July 2015

Rebuilding Public Trust 251 a clear mandate to serve the public and which ensures that fundamental rights benet fro ublic fundin which does to access information and freedom of not compromise their independence. expression are not hindered. Measures should also be taken to ensure that ssociated ewsaers of elon 10. Privacy and Surveillance: The state iited or ake ouse can should respect and protect the privacy operate independently of government of all citiens here should be strict and eno editorial freedo ublic limits to the state surveillance of consultation should determine the most riate indiiduals and entities appropriate way forward. telephone conversations and electronic counications n ecetional 8. Preventing Censorship: No prior situations, such surveillance should only censorship should be imposed on the be eritted with udicial oersiht and edia here necessar courts can according to a clear set of guidelines. review media content for legality after publication on an urgent basis. Laws Contacts: and regulations that permit censorship r radee eerasinhe and s uari includin the ublic erforance elaedera rdinance should be reiewed and Secretariat for Media Reforms amended to bring them into line with ail nweeraahooco international standards. eb wwwsardlobalor

9. No Blocking Political Websites: There should be no attempts to limit online content or social media activities contravening fundamental freedoms uaranteed b the onstitution and international conventions. Restrictions on illegal content may be imposed only throuh an indeendent udicial rocess

252 Rebuilding Public Trust Annex 5 Radio and Television Channels in Sri Lanka

(Source: Lanka Market Channel name Language Channel name Language esearch ureau sira inhala inhala Lak FM Sinhala ou inhala Channel name Language Lakhanda Sinhala Shakthi FM Tamil nlish Neth FM Sinhala Sooriyan FM Tamil o nlish Ran FM Sinhala Tamil FM Tamil old nlish Rangiri Dambulu Sinhala Thendral Tamil iss nlish Rhythm FM Sinhala Therai FM Tamil eends nlish Seth FM Sinhala hesiaarthaka ail ite nlish Shaa FM Sinhala arna ail adio nlish Shree FM Sinhala asantha ail eal nlish Sinha FM Sinhala ail ed nlish Sirasa FM Sinhala un nlish Sith FM Sinhala SLBC’s Regional Language adio nlish Siyatha FM Sinhala Radio Services es nlish oercial inhala andurata inhala uddhist inhala ational inhala aarata inhala it inhala inhala Ruhuna Sinhala FM Derana Sinhala idula inhala Uva Sinhala iru inhala inhala aaba inhala

Television channels Broadcast Language Television channels Broadcast Language method method errestrial nlish Rangiri Sri Lanka Terrestrial Sinhala nternational errestrial nlish Rupavahini Terrestrial Sinhala hannel e errestrial nlishail hakthi errestrial ail arlton errestrial nlishinhala irasa errestrial inhala errestrial nlish iatha errestrial inhala iru errestrial inhala Swarnavahini Terrestrial Sinhala errestrial nlishinhala he uddhist errestrial inhala orts TNL Terrestrial Sinhala renaed in erana errestrial inhala as errestrial nlish arna errestrial ail Nethra Terrestrial Sinhala asantha errestrial ail errestrial nlish errestrial nlish

Rebuilding Public Trust 253 Annex 6 Radio and Television Channels in Sri Lanka

Registered Institutions for Radio or TV httwwwediaolkiaesdf Licences in Sri Lanka wordlicensedinstitutionstradiodf

This table is adapted from Ministry of Media t is not clear fro this table which of website, with a few annotations added. the licensees have not yet commenced or oweer data accurac is not indeendentl sustained broadcast operations. eried ccessed on anuar fro

Licensee Type of Licence Issue date Remarks ri anka roadcastin ororation adio eac ri anka roadcastin full stateowned uthorised b ct of broadcaster ororation ct arliaent o of ri anka uaahini ororation errestrial eac ri anka uaahini full stateowned uthorised b ct of broadcaster ororation ct arliaent o of ndeendent eleision etwork errestrial eac oan wholl ri anka broadcaster owned b the (State-owned enterprise) government of Sri Lanka olobo ounication t td adio later transferred to etwork errestrial t td aharaa raniation t td adio errestrial eleshan etwork t td adio errestrial oldin t td errestrial irecttooe sia roadcastin ororation adio icence is reissued on t td errestrial eleision and adio etwork errestrial Radio able

Rebuilding Public Trust Licensee Type of Licence Issue date Remarks rant ounication t td able he outhern eeloent able uthorit t td a naision t td irecttooe errestrial u as anka t td adio sset adio roadcastin t td adio haned nae fro to atellite ialo eleision t td able ower ouse t td adio errestrial etworks t td adio haned nae to etwork errestrial t td fro anka eleision etwork t td adio haned nae to uee errestrial nternational t td oice of sia etwork t td adio errestrial able atellite eoles edia etwork t td adio errestrial aniri ri anka edia etwork adio t td errestrial k and adio etwork t td atellite able (Amended date) (23.02.2007) anka road and etwork t td able ri anka eleco t td nternet rotocol eleision

Rebuilding Public Trust 255 Licensee Type of Licence Issue date Remarks ak iru and adio etwork adio t td ak iew roadcastin t td adio errestrial he uddhist roadcastin erice atellite at et t td adio errestrial riend edia t td eional adio harunata etak edia etwork adio ancelled t td ancelin date eace ecretariat adio ancelled on ea all oldin eeloent adio ancelled ellow in edia t td adio errestrial uture at o oldin t td errestrial roadcastin etwork t td adio errestrial obitel t td obile ri lobal eleision oan adio errestrial it able inks t td able o be oerated in olobo unicial ouncil area sk edia t td errestrial arlton orts etwork t td errestrial it sia t td errestrial anka able and atellite etwork able

Rebuilding Public Trust Annex 7 Highlights of the Public Perceptions Survey 2015

he sample of the study consisted of aorit of resondents oted for the neutral randomly selected 800 respondents, answer. Table 2 summarises these answers. Trepresenting Sinhalese and Tamils. he sure was conducted between ul Table 2: Credibility of media messages and ctober in all the roinces of Credibility ranking No of respondents % Sri Lanka. A structured questionnaire was developed in both languages to collect ihl credible data for the survey (i.e. Sinhala and Tamil). airl credible elehone interiews and eld sures were eutral administered to collect data. The survey ot er credible team comprised students and lecturers of otall not credible ass edia at olobo niersits ri Total 800 100 alee aus The most trusted types of media Preferred language Most respondents said they trusted television Survey respondents were asked about their the ost followed b newsaers preferred language of the media messages. and the nternet here is a trend among the young generation to turn to the Table 1: nternet as a source of news and inforation Preferred language of the media messages otabl radios trust leels are er low Language No. of respondents % among this sample. inhala Table 3: The most trusted medium Tamil 223 27.9 nlish Most trusted media type No of respondents % Total 800 100 nternet Asked if language was a barrier for accessing adio media messages, 73% said no and 27% ewsaer answered es his suests that a aorit Gossip 7 0.9 of resondents nd edia essaes Total 800 100 delivered in their preferred languages. n addition able reeals that the ost Credibility of media messages inuence ediu is teleision followed b the nternet ortantl hen asked how the ranked the leel of the nternet is alread ore inuential than credibility of media content they consumed, a newspapers or radio.

Rebuilding Public Trust 257 ale e most inuencing media Table 6: Usage of foreign media for information Most persuasive media No. of respondents % Usage of foreign media No. of respondents % ossi nternet es o ewsaer Total 800 100.0 adio Total 800 100.0 Furthermore, more than two thirds of respondents have trust on the foreign Freedom to express ideas through media information sources.

Respondents were asked whether they have Table 7: Trust on foreign sources an opportunity to express their ideas freely Trust on foreign sources No. of respondents % throuh ass edia clear aorit felt there was no such freedom. es o Table 5: Freedom to express ideas through media Total 800 100.0 Freedom to express ideas No of respondents % Sources of everyday information es o Table 8a and table 8b show how state and Total 800 100.0 private media sources are used as sources for eerda inforation n ters of the state Usage of foreign media for information edia teleision las is the ost sinicant source for eerda inforation Despite there being a multitude of national followed b rint edia and radio and local edia outlets a sieable nuber of channels the sample also uses foreign media.

258 Rebuilding Public Trust Table 8a: State sector sources Sources of Print media Radio channel TV channel everyday No. of No. of No. of information respondents % respondents % respondents % es o Total 800 100.0 800 100.0 800 100.0

The same view is shown even in the private other information sources i.e. print media media sources (Table 8b) - respondents and radio for their eerda hihl deend on teleision than the information.

Table 8b: Private sector sources Sources of Print media Radio channel TV channel everyday No. of No. of No. of information respondents % respondents % respondents % es o Total 800 100.0 800 100.0 800 100.0

Table 8c shows that social media is used for Table 8d shows that mobile phone and everyday information by close to a third of are used sinicantl for eerda the sample. inforation b of resondents

Table 8c: Social media source ale d oile ones and nes alert Use social No. of respondents % Use mobile phones No. of respondents % media source and nes alert es es o o Total 800 100.0 Total 800 100.0

Rebuilding Public Trust 259 ublic eetins hae ceased to be sources of ale rust on and adio nes everyday information for most people. Trust on TV and No. of respondents % Table 8e: Public Meetings for everyday adio nes information es Public Meetings for No. of respondents % o everyday information Neutral 313 39.1 es Total 800 100.0 o n addition it was eained whether Total 800 100.0 resondents are satised with the teleision and radio news. Table 11 shows that only edia literacy areness o media of the resondents are satised with the onersip news on teleision and radio while aorit of the resondents are not satised Table 9 shows the media ownership awareness of the respondents. Accordingly, Table 11: Satisfaction of TV and Radio program most respondents are aware that media is owned by the state and private sectors (73%). Satisfaction of TV and No. of respondents % Radio program ale edia nersip es edia nersip o o respondents o eutral State only 90 11.2 riate sector onl Total 800 100.0 tate and riate sector ublic nuences on te es Total 800 100.0 nuences on the content of news were eained in two ersecties inuence rust in and adio nes of the government and of private sector Respondents were further asked if they ownershi able a areeals the inuence trusted news on television and radio news. of the government on the content of the state Results show that 37% of the respondents owned media news. Accordingly, it shows have no trust on television and radio news that of the resondents hae an attitude while of are neutral nl said the that oernent inuences the content of the trusted radio or television news. news of the state owned media.

Rebuilding Public Trust ale a overnment inuences on ortunit for colainin on edia content o state oned media nes content

overnment inuences on o o respondents here are no sucient oortunities for content o nes making complaints against any misleading Strongly agree 180 22.5 or ofensie edia content onl ree of respondents agreed that there are Strongly Disagree 182 22.8 opportunities for complaining against media isaree content. o dea Table 13: Opportunity for complaints Total 800 100.0 Opportunities are No. of respondents % Table 12b shows the attitudes of the available for complaints respondents on the content of the news against media outlets of riate owned edia onl of tronl aree respondents believe that private media Agree 207 25.9 owners hae an inuence on the content of Strongly Disagree 233 29.1 the news. Disagree 220 27.5 o dea ale rivate ector oner inuences on te content o nes Total 800 100.0 rivate ector oner o o respondents inuences on te content o nes Strongly agree 88 11.0 ree tronl isaree isaree o dea Total 800 100.0

Rebuilding Public Trust Rebuilding Public Trust

Rebuilding

Public Trust , Rebuilding Public Trust O

An Assessment of the Media Industry and Profession :-/ in Sri Lanka

This report, produced by a participatory research Rebuil ing process that took over a year, provides a comprehensive assessment of the environment for media sector’s development in Sri Lanka. It is based on UNESCO’s Media Development Indicator (MDI) framework, which looks at the diferent factors which should contribute to media development, including the legal framework, :-) economic conditions, human resource development, O the technological environment and safety, as well as the , ublic Trust actual state of media development in the country.

“This Assessment comes at a very timely point for Sri Lanka, given that the country now appears to be embarking on a programme of reform and renewal in the

media sector, as evidenced by the recent constitutional and Profession in Sri Lanka An Assessment of the Media Industry An Assessment of the Media Industry and Profession in Sri Lanka amendments to provide for a constitutional guarantee for the right to information. It represents an invaluable tool to help those engaged in media reform to identify priorities and key directions.” - Toby Mendel, Executive Director, Centre for Law and Democracy (Canada)

Secretariat for Media Reforms Published by May 2016 Secretariat for Media Reforms, Sri Lanka

Supported by International Media Support (IMS), Denmark www.mediasupport.org

Key topics: Mass Media, Journalism, Media Regulation, Media Policy Freedom of Expression, Media Freedom, Media Development Journalism Education, ICTs, New Media

SMRcover.indd 4 4/24/16 10:39 PM