Israel’s embassy for Sri Lanka had not issued a visa to attend the Congress of Palestine Journalists syndicate in Ramallah from 22 to 28 May 2023 to Dharmasiri Lankapeli. Ambassador did not even have the courtesy to provide the reason for refusing my visa.

Regarding this matter, he wrote an objection letter to Israel, Prime Minister, to make inquiry what is the reason for not issuing a visa.

The broadcast media undoubtedly holds a pivotal role in shaping public opinion, with its extensive reach and influential presence in every household. Recent research conducted in the USA reveals that the average daily time spent watching TV by adults is approximately two and a half hours. While specific data for Sri Lanka is unavailable, it is plausible that the figures may even be higher. It is evident that for a majority of adults, their perception of society is significantly influenced by what they see and hear through broadcast media channels, especially television. Therefore, the establishment of a reliable broadcasting system is crucial, as it not only serves an entertaining function but also enlightens citizens and facilitates engaging discussions on various social issues. Such a system forms the foundation for the development of a meaningful democracy.

In order to meet the collective expectations of society, broadcasting services are required to provide reliable news, impartial information, the viewpoints of credible experts, and a platform for vigilant monitoring of the government’s affairs. To successfully fulfill this role, the public expects broadcasters to maintain a high level of editorial independence, guided by ethical journalism practices. As the official custodian of this public trust, the broadcasting regulator plays a vital role in ensuring the integrity and credibility of the industry.

However, the draft proposal on the broadcast regulatory system, reportedly prepared by a Cabinet Committee, falls significantly short of this vision. Instead of fostering an independent and transparent broadcast media environment, the proposal seeks to establish a collaborative relationship between the government and media owners, potentially enabling the government to suppress dissenting voices and manipulate the portrayal of government affairs in the media. Disturbingly, certain provisions in the draft even allow for the prior censorship of criticism regarding the government’s economic agenda.

The proposed draft represents an absurd attempt to coerce broadcasters into further collaboration, with the intention of swaying public opinion in favor of the ruling powers. It goes to the extreme of subjecting broadcast license holders to a draconian annual licensing system, effectively holding them hostage to their behavior in order to renew their licenses. This bears an uncomfortable resemblance to the annual licensing system imposed by the Indonesian dictator General Suharto in the 1990s, which aimed to prevent the exposure of his corrupt practices through the print media.

However, the ongoing criticism of this ministerial draft, particularly by private broadcasters, in my view is largely misguided, as it focuses solely on the license holders’ right to free expression. It is crucial to recognize that in the realm of broadcast media, there is no concept of a license holder’s right to expression that supersedes the right of the audience to receive credible information.

Broadcasters obtain their licenses with the understanding that they must maintain due impartiality when presenting controversial subjects. Therefore, broadcasters should not take a biased stance on contentious issues under the guise of their own right to expression, thereby excluding or downplaying alternative views that may not align with the license holder’s preferences.

Unlike in the case of print media, this requirement specifically applies to the broadcast media due to the limited availability of broadcasting frequencies, which grants only a select few the privilege of obtaining a broadcasting license. Consequently, a critical licensing condition is that license holders ensure due impartiality when reporting on news and current affairs, without exploiting the privilege of holding a broadcast license to promote their personal preferences. Due impartiality refers to the principle that broadcasters should present news and current affairs in a balanced and unbiased manner. It necessitates fair and equitable coverage, treating different viewpoints objectively and avoiding favoritism or bias.

In recent years, the relaxation of content regulations in the US under neoliberal policies has led to a concerning trend among certain broadcasters, particularly right-wing talk radio stations and TV channels like Fox News. These broadcasters have blurred the lines between news and opinion, allowing license holders to promote their preferred ideological agendas. Presenters themselves openly express highly partisan views on the news stories they present, using their platforms to shape public opinion in their favor. A notable example is Fox News, which recently reached a $787.5 million settlement in a lawsuit over knowingly broadcasting false theories about the 2020 American presidential election.

 

In light of these developments, preserving due impartiality in broadcasting regulations must remain a central concern. “Due Impartiality” acknowledges that broadcasters have a responsibility to offer a diverse range of perspectives and opinions, providing audiences with a comprehensive understanding of various issues. It ensures that controversial or sensitive subjects are covered in a fair and balanced manner, without promoting any particular agenda or taking sides.

However, due impartiality does not mean that all perspectives need to be given equal weight or that false or baseless claims should be presented as valid. It recognizes that certain viewpoints may carry more weight based on evidence, expertise, or consensus. Broadcasters must exercise editorial judgment to determine the appropriate balance and proportionality of coverage while upholding the principle of due impartiality. Any violations of due impartiality that are based on evidence should be thoroughly investigated and addressed by the regulatory body. The regulatory approach to due impartiality may vary depending on the subject matter, program type, channel, and audience expectations. However, the primary objective remains ensuring that broadcasters do not abuse the public trust by violating the principle of due impartiality to manipulate public opinion.

Some license holders may argue for minimal regulation, claiming that it promotes competitive services that cater to customer needs. However, any regulatory approach that neglects the broadcasters’ responsibility to provide reliable information, maintain fairness, and adhere to due impartiality when addressing controversial issues will not contribute to the development of a credible broadcasting media system. The minimal regulation they advocate risks allowing broadcasting organizations to disseminate fictional stories as news, serving political biases or personal preferences. Scandals like the ‘Kelaniye Naya’ incident, where certain media owners absurdly attempted to sway public opinion in favor of a particular presidential candidate, underscore the necessity for robust regulations guided by the public interest to prevent such manipulations. Upholding journalistic ethics and codes of practice endorsed by all stakeholders will empower the regulator to hold broadcasters accountable for providing reliable news and unbiased information.

Ensuring content diversity in the broadcasting system is a crucial aspect that requires regulatory attention. It is important to recognize that market competition alone does not necessarily result in increased diversity or improved quality of local broadcast content. Many broadcasters opt to air inexpensive imported programs instead of investing in high-cost endeavors such as quality documentaries, movies, or in-depth investigative programs. To address this issue, the regulatory body can play a vital role by offering financial assistance to qualified independent local producers, facilitating the production of high-quality local content in collaboration with preferred broadcasters. Such a mechanism can be funded through licensing income and administered by an independent regulator following international best practices for similar funds.

The best international practices in regulating the broadcasting sector are built upon the “Public Trustee Regulatory Model,” which prioritizes operational independence and professional integrity of the regulatory body. This model recognizes that scarce public resources, like broadcast frequencies, should be utilized exclusively for the public good. To achieve this, regulation must be firmly rooted in the public interest, with the editorial independence of broadcasters serving as its cornerstone. Independent regulatory bodies are crucial because they ensure that license holders fulfill their commitment to use entrusted broadcasting frequencies, which are public property, primarily to serve the public good and not for private or sectarian purposes.

The broadcasting license essentially represents a written agreement between license holders and the public, granting permission to use broadcast frequencies in the public interest. The regulator’s responsibility is to oversee the implementation of this agreement. To effectively carry out this task, the regulator must maintain functional independence from both the government and media owners. Therefore, any discussions regarding the establishment of a regulatory mechanism for the broadcasting sector should not be limited to a mere business transaction between governments and current license holders. Instead, they should be open to public hearings and inclusive deliberations, allowing all key stakeholders to participate, engage in discussions, and propose a regulatory framework based on international best practices.

By Wijayananda Jayaweera 

Thanks to

The Feature Image!

Sei Lanka Media Organizations met the then Minister of Media Keheliya Rambukwella on Monday 15th March 2021  and handover their proposal for an independent regulatory authority to monitor print, radio, television, and social media.

Participated Media Organizations are the Sri Lanka Media Owners Association (NSSL), the Sri Lanka Editors Guild (TEGOSL), the Federation of Media Employees Trade Unions (FMETU), Free Media Movement (FMM), the Tamil Media Alliance (TMA) The Muslim Media Forum (SLMMF), South Asia Free Press Association (SAFMA) and Sri Lanka Press Institute (SLPI).

The Press Statement issued by Dhamarsiri Lankapeli, General Secretary of the Federation of Media Workers’ Unions regarding the Electronic Broadcasting Authority Act proposed by the government is published below in full.

Press Statement

June 03, 2023

Let us defeat the government’s move to bring an

‘Electronic Broadcasting Regulatory Authority

The government’s new proposal for an Electronic Broadcasting Regulatory Authority is a reminder that discussions for a free and fair media tradition date back to 1994 when the Chandrika Bandaranaike government attempted to reform the state media. Several committees such as the RKW Gunasekara Committee and the Sidath Sri Nandalochana Committee had been appointed for the purpose but at least their reports were not made public yet.

We firmly believe that independent, balanced, and unbiased media culture is essential for the existence of democracy and good governance of a country. History shows that for more than two decades, media organizations led by the Editors’ Guild, media agency owners, media agency heads and civil organizations have been trying for an ‘independent media regulation’ commission.

The ‘Colombo Declaration on Media Freedom and Social Responsibility –1998’and the Tholangamuwa Declaration titled Charter for a Democratic and Pluralist Media Culture and Social and Professional Rights for Media and Journalism in Sri Lanka – 2005 were two other efforts for the same purpose. In the year 2005-2006, a draft was prepared jointly by the media organizations and civil organizations of Sri Lanka with the intervention of the International Federation of Journalists (IFJ) for the creation of a public service electronic broadcasting authority and a tradition of public service journalism in Sri Lanka. That was scheduled for discussion in Parliament in 2005, yet the subsequent political changes did not permit its materialization.

Let us mention that in the year 2021, the then Minister of Media, Mr. Dullas Alahapperuma, also tried to create a similar discussion. Now the incumbent government is planning to pass a bill to set up an electronic broadcasting regulatory authority.

The Federation of Media Employees’ Trade Unions is of the opinion that the latest proposal for an Electronic Broadcasting Regulatory Authority is a move inimical to the fundamental right of the people for freedom of expression as well as their right to know. It is our understanding that this move is actually intended to control electronic media and to muzzle down social media. As such, we the FMETU call on every citizen who aspires for a free public service journalism tradition in Sri Lanka to stand up against the government’s move.

We would like to present the following proposals alternative to the government’s move for media regulation:

We suggest that the present government should strengthen the Sri Lanka Press Institute, which was supported by the 2002 government. In addition, we strongly recommend abolishing the Sri Lanka Press Council. The guidelines and recommendations made by media organizations and other civil organizations for the sake of the self-regulatory Commission over the past two decades should be taken into consideration.

The Federation of Media Employees Trade Unions suggests that the government should provide facilities to start an open discussion on the personal safety and job protection of journalists and the preparation of a necessary work procedure for a media self-regulation system. And we suggest that the support of media organizations and interested civil organizations, and international media organizations should be obtained.

For an independent media regulatory mechanism, we are engaged in a collective process with other media organizations including Sri Lanka Press Institute, Sri Lanka Working Journalists Association, Free Media Movement, Editors’ Guilds of Sri Lanka, and Newspaper Publishers’ Association. The Federation of Media Employees Trade Unions is a full-member organization of the International Federation of Journalists (IFJ), which has more than 600,000 members of journalists from 170 countries in the world.

Yours sincerely

                                                         

Dharmasiri Lankapeli

General Secretary

For the Executive Committee

077 364 1111

Email fmetu123@gmail.com

dlankapeli@gmail.com