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Home»Articles»Freedom of the Media in Sri Lanka: A Study

JournalCover

Asian Review of Social Sciences (ARSS)

Editor Dr. Lakshmi Narayanan
Print ISSN : 2249 – 6319
Frequency : Quarterly

Freedom of the Media in Sri Lanka: A Study

Author : S. Sribreindranis and P. Govinduraju
Volume 8 No.1 January-March 2019 pp 20-24

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

Full Text:

References

[1] Constitution of the Democratic Socialist Republic of Sri Lankan.(1978). Article -14 of Chapter -3.
[2] Constitution of the Democratic Socialist Republic of Sri Lankan. (1978). Article -15 of Chapter -3.
[3] Constitution of the Democratic Socialist Republic of Sri Lankan (1978). Article -15 of Chapter-2.
[4] Constitution of the Democratic Socialist Republic of Sri Lankan (1953). parliamentary privilege.Act, No 21.
[5] Constitution of the Democratic Socialist Republic of Sri Lankan(1978). parliament privileges. Amendment Law Act.No.5.
[6] Constitution of the Democratic Socialist Republic of Sri Lankan.( 1980). Parliament privileges Act No.17.
[7] Constitution of the Democratic Socialist Republic of Sri Lankan (1978).Parliamentary privilege Law Act.No. 5.
[8] Constitution of the Democratic Socialist Republic of Sri Lankan (1983). Emergency regulations, No 1
[9] Constitution of the Democratic Socialist Republic of Sri Lankan.(1972).
[10] Constitution of the Democratic Socialist Republic of Sri Lankan.(1972).penal Code Law .Section 479.
[11] Constitution of the Democratic Socialist Republic of Sri Lankan.(1955). Act No -32.Section 27.
[12] Daft Committee. (1948). The Universal Declaration of Human Rights, United Nations General Assembly. Palais de Choillot, Paris, France. [13] International Covenant on Civil and Political Rights.(1980). United Nation Headquarters., New York.
[14] Norris, P.(2006).The Role of the Free press in promoting democratization, good governance and human development.Paper presented at UNESO world press freedom day 2006, Colombo, Sri Lanka. Retrieved from: //portal. UNESCO .org/ci/en/ev.php.url-ID.
[15] Senadhira,S. P., (1996).Under Siege: mass media in Sri Lanka .Segment books. New Delhi, 12.
[16] Sri Lanka Press Council Law.(1973).Act No-5.
[17] Sri Lankan Law Repot.(1989). No. 777.
[18] Sri Lanka Law Repot (1984). 131-132.
[19] Sri Lanka Law Repot. (1992). 199-223.
[20] Supreme court of Sri Lanka. (1980). Appel. No 1.
[21] Supreme Court Application No. 116 of 1981.

Asian Review of Social Sciences (ARSS) is a quarterly international peer-reviewed journal of Social Sciences. One of the objectives of this journal is to disseminate knowledge on various research issues connected with the topics include, but are not limited to:

Anthropology
Archaeology
Business Administration
Communication
Criminology
Economics
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Linguistics
International Relations
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Geography
History
Law
Psychology

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.

Editor-in-Chief
Dr. Lakshmi Narayanan
Department of Social Sciences, College of Arts and Applied Sciences, Dhofar University, Oman
[email protected]
Editorial Advisory Board
Dr. Mashitah Binti Hamidi
Department of Social Administration and Justice, University of Malaya, Malaysia
[email protected]
Dr. Jillian Ooi Lean Sim
Department of Geography, University of Malaya, Malaysia
[email protected]
Dr. Haris Bin Abd Wahab
Department of Social Administration and Justice, University of Malaya, Malaysia
[email protected]
Dr. Mohana Dass Ramasamy
Department of Indian Studies, University of Malaya, Malaysia
[email protected]
Dr. Ma Tin Cho Mar @ Noorjahan Bi Bi
Department of South East Asian Studies, University of Malaya, Malaysia
[email protected]
Dr. Asbah Binti Razali
Department of Anthropology and Sociology, University of Malaya, Malaysia
[email protected]
Dr. Azharudin Bin Mohamed Dali
Department of History, University of Malaya, Malaysia
[email protected]
Dr. Hasmah Binti Zanuddin
Department of Media Studies, University of Malaya, Malaysia
[email protected]

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    Editorial Note

    Editorial Dr. Lakshmi Narayanan

    Editor-in-Chief
    Dr. Lakshmi Narayanan
    Department of Social Sciences, College of Arts and Applied Sciences, Dhofar University, Oman
    [email protected]
    Editorial Advisory Board
    Dr. Mashitah Binti Hamidi
    Department of Social Administration and Justice, University of Malaya, Malaysia
    [email protected]
    Dr. Jillian Ooi Lean Sim
    Department of Geography, University of Malaya, Malaysia
    [email protected]
    Dr. Haris Bin Abd Wahab
    Department of Social Administration and Justice, University of Malaya, Malaysia
    [email protected]
    Dr. Mohana Dass Ramasamy
    Department of Indian Studies, University of Malaya, Malaysia
    [email protected]
    Dr. Ma Tin Cho Mar @ Noorjahan Bi Bi
    Department of South East Asian Studies, University of Malaya, Malaysia
    [email protected]
    Dr. Asbah Binti Razali
    Department of Anthropology and Sociology, University of Malaya, Malaysia
    [email protected]
    Dr. Azharudin Bin Mohamed Dali
    Department of History, University of Malaya, Malaysia
    [email protected]
    Dr. Hasmah Binti Zanuddin
    Department of Media Studies, University of Malaya, Malaysia
    [email protected]

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