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 Assessment of the Media Industry An 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