Freedom of the Media in Sri Lanka: A Study

Abstract

Media freedom has never been consistent in Sri Lanka. Different regimes used legal and constitutional means to control the media from public debates and criticisms. The Constitution of Sri Lanka does not specifically mention the freedom of the media. Freedom of the Media is implied from the Article 14(1) (a) of the Constitution. However this right is subject to restrictions under sub-clause, whereby this freedom can be restricted for reasons of sovereignty and integrity of Sri Lanka, the security of the Country, Parliamentary privileges, public order, Emergency Regulations, relation to contempt of court, defamation, or incitement to an offense and Official Secrets Acts. As per the Press Council, the freedom of the journalist is an ordinary part of the freedom of the subjects and to whatever length, the subject in general may go, so also may the journalist, but apart from statute this privilege is no other and no higher. The range of his assertions, his criticisms or his comments is as wide as and no wider than that of any other subject. The Preamble of the Sri Lankan Constitution ensures to all its citizens the liberty of expression. Freedom of the media has been included as part of freedom of speech and expression under the Article 14 of the UDHR. The heart of the Article14 says that everyone has the right to freedom of opinion and expression, this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. In view of the above, Right of Information Act 2016 is a milestone in the guest for building an informed and prosperous society .As this overview of Sri Lankan media Laws show, their social media enjoy a wide range of legal rights. This study focuses on Judgments of the cases on Joseph Perera v Attorney General, Visuvalingam v Liyanage and Fernando v Sri Lanka Broadcasting Corporation were delivered under the 1972 Republican Constitution, they continued to remain valid precedents even under the Current Constitution of 1978. It was an Important and far – reaching Judgment. This paper is a critical analysis of the Sri Lankan concept of Freedom of the media and how it is related to the concept of expression in Constitution of Sri Lanka. The judicial view in this context has also been studied.

Keywords

Media freedom, Parliamentary privileges, Emergency Regulations, Right of Information Press Council, Defamation

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