By Skandha Gunasekara
Government moves to set a registry for websites, which is seen by some as a threat to freedom of speech, has been condemned by media and press organisations as a move to curtail press freedom and the freedom of expression.
Minister of Mass Media and Government Spokesman Keheliya Rambukwella said that the website registry had been proposed during the previous Rajapaksa Government.
“Upon the request of many website owners, we are going to set up a registry. This will help keep track of the genuine websites. Many websites pointed out that various disingenuous websites run by people masquerading as others slinging mud and spreading false news. This was discussed in 2014 and we proposed a Rs. 100,000 one-time registration fee and a Rs. 25,000 annual fee. But many in the industry appealed and said that this was too much and requested that the one-time registration fee be made Rs. 25,000 and the annual fee be made Rs. 5,000, as there were small websites also being operated. So we agreed on that in 2014 but for the last five years the Yahapalanaya failed to do anything about this and recently, again, a request was made of us and so we are now doing that,” the Government Spokesperson said.
He said that the registry would allow individuals the opportunity to respond to allegations or issues faced via the internet between two or more parties.
“When something detrimental or defamatory happens online, then you can put the relevant parties together and sort it out. Suppose if one individual is being taken to task without a valid reason, that person must also have the right to reply. So that opportunity is what we are trying to create; the opportunity of the right to reply,” Rambukwella noted.
He asserted that the Government would not be intervening and that freedom of expression would not be hindered.
“The Government won’t be taking any legal action. We are simply putting the two parties together. The Government might be called upon as a witness. Freedom of expression will not be hampered at all. But the freedom of expression must be reasonable and must have meaning. If someone wants to shout something, then another must have the right to reply.”
Rambukwella added that the Government would seek action through the judiciary if needed to defend itself, as is the norm.
“With regard to anything against the Government, then the Government would file a civil action and proceed through the country’s legal system.”
He added that the registry is being formulated and will be set up as soon as possible.
Not without criticisms
Nevertheless, the Free Media Movement was highly critical of the move.
“We are completely against this new registry proposed by the Government and moves to monitor and regulate websites,” Free Media Movement Convener Seetha Ranjanee told The Sunday Morning.
She said that even now web journalists and media websites were being harassed by the Government.
“At present, press and media websites and journalists are facing problems as the Government is refusing to renew their registrations and are not allowing new websites to be registered through the Ministry of Mass Media either.”
She said that by registering with the Ministry, web journalists were given the same privilege as the press and digital media of having an official government media identification which allowed them universal access in Sri Lanka.
“But because they are not allowing the renewal of registration or the registration of new websites, this privilege is being withheld for web journalists. So as it is, web journalists are facing difficulties because of government interventions.”
She said that there were government bodies already regulating websites such as the Telecommunications Regulatory Commission of Sri Lanka (TRCSL) and another was not needed.
“The TRCSL is one government body that is monitoring and regulating websites, including media and press websites. In addition, all media institutes must register with the Ministry of Mass Media. So with such government regulatory bodies of the press already in place, we are of the firm stance that no more regulation by the Government is needed.”
She went on to say that there was already a media watchdog body independent of the Government.
“Currently, there is a mechanism to monitor the press. This is mainly for the print media and it is done in an independent manner. It is overseen by the Newspaper Society of Sri Lanka, the Free Media Movement, the Sri Lanka Working Journalists’ Association, and the Editors’ Guild and is called the Press Complaints Commission of Sri Lanka. There have been proposals to include digital and web media under the purview of this commission and several discussions have been held in this regard. It must be stressed that this commission is not a part of the Government and was set up by the press community in Sri Lanka.”
She then charged that the Government was trying to restrict media freedom through this new registry.
“We see this new move by the Government to set up a website registry as a move to curtail media freedom and as a means to interfere and intervene in independent media institutions and the free press.”
She said that the Free Media Movement was of the view that any monitoring or regulatory body for the media must be established with the consent of the entire media community in the country.
“With regard to monitoring and regulating web media, we are of the view that any such mechanism must be established through the domestic media community, following discussions with all relevant stakeholders apart from the Government. Such a mechanism must be self-regulatory and must be established with the consent of the press community in Sri Lanka.”
She said self-regulation was a key aspect and that government involvement would be minimal and only at the implementation stages.
“We believe that such self-regulation must be guided by a code of ethics and the main stakeholders of setting up such a mechanism must be the press community of Sri Lanka. The Government can be one of the stakeholders in this only when implementing such a mechanism.”
“Upon the request of many website owners, we are going to set up a registry. This will help keep track of the genuine websites. Many websites pointed out that various disingenuous websites run by people masquerading as others slinging mud and spreading false news. This was discussed in 2014 and we proposed a Rs. 100,000 one-time registration fee and a Rs. 25,000 annual fee. But many in the industry appealed and said that this was too much and requested that the one-time registration fee be made Rs. 25,000 and the annual fee be made Rs. 5,000, as there were small websites also being operated. So we agreed on that in 2014 but for the last five years the Yahapalanaya failed to do anything about this and recently, again, a request was made of us and so we are now doing that,” the Government Spokesperson said.
He said that the registry would allow individuals the opportunity to respond to allegations or issues faced via the internet between two or more parties.
“When something detrimental or defamatory happens online, then you can put the relevant parties together and sort it out. Suppose if one individual is being taken to task without a valid reason, that person must also have the right to reply. So that opportunity is what we are trying to create; the opportunity of the right to reply,” Rambukwella noted.
He asserted that the Government would not be intervening and that freedom of expression would not be hindered.
“The Government won’t be taking any legal action. We are simply putting the two parties together. The Government might be called upon as a witness. Freedom of expression will not be hampered at all. But the freedom of expression must be reasonable and must have meaning. If someone wants to shout something, then another must have the right to reply.”
Rambukwella added that the Government would seek action through the judiciary if needed to defend itself, as is the norm.
“With regard to anything against the Government, then the Government would file a civil action and proceed through the country’s legal system.”
He added that the registry is being formulated and will be set up as soon as possible.
Not without criticisms
Nevertheless, the Free Media Movement was highly critical of the move.
“We are completely against this new registry proposed by the Government and moves to monitor and regulate websites,” Free Media Movement Convener Seetha Ranjanee told The Sunday Morning.
She said that even now web journalists and media websites were being harassed by the Government.
“At present, press and media websites and journalists are facing problems as the Government is refusing to renew their registrations and are not allowing new websites to be registered through the Ministry of Mass Media either.”
She said that by registering with the Ministry, web journalists were given the same privilege as the press and digital media of having an official government media identification which allowed them universal access in Sri Lanka.
“But because they are not allowing the renewal of registration or the registration of new websites, this privilege is being withheld for web journalists. So as it is, web journalists are facing difficulties because of government interventions.”
She said that there were government bodies already regulating websites such as the Telecommunications Regulatory Commission of Sri Lanka (TRCSL) and another was not needed.
“The TRCSL is one government body that is monitoring and regulating websites, including media and press websites. In addition, all media institutes must register with the Ministry of Mass Media. So with such government regulatory bodies of the press already in place, we are of the firm stance that no more regulation by the Government is needed.”
She went on to say that there was already a media watchdog body independent of the Government.
“Currently, there is a mechanism to monitor the press. This is mainly for the print media and it is done in an independent manner. It is overseen by the Newspaper Society of Sri Lanka, the Free Media Movement, the Sri Lanka Working Journalists’ Association, and the Editors’ Guild and is called the Press Complaints Commission of Sri Lanka. There have been proposals to include digital and web media under the purview of this commission and several discussions have been held in this regard. It must be stressed that this commission is not a part of the Government and was set up by the press community in Sri Lanka.”
She then charged that the Government was trying to restrict media freedom through this new registry.
“We see this new move by the Government to set up a website registry as a move to curtail media freedom and as a means to interfere and intervene in independent media institutions and the free press.”
She said that the Free Media Movement was of the view that any monitoring or regulatory body for the media must be established with the consent of the entire media community in the country.
“With regard to monitoring and regulating web media, we are of the view that any such mechanism must be established through the domestic media community, following discussions with all relevant stakeholders apart from the Government. Such a mechanism must be self-regulatory and must be established with the consent of the press community in Sri Lanka.”
She said self-regulation was a key aspect and that government involvement would be minimal and only at the implementation stages.
“We believe that such self-regulation must be guided by a code of ethics and the main stakeholders of setting up such a mechanism must be the press community of Sri Lanka. The Government can be one of the stakeholders in this only when implementing such a mechanism.”