- Request to reopen/initiate probes into violence against media
- Call for repealing Online Safety Act/PTA
A total of 19 local and international civil society organisations advocating for the protection of the press and media freedoms including the freedom of expression, and the right to information, have requested President Anura Kumara Dissanayake in writing to, reopen or initiate impartial and swift investigations to ensure accountability in cases of violence against the press under previous governments, and to ensure that law enforcement agencies end the harassment and intimidation of journalists.
With regard to related legal reforms, the said organisations including Access Now, Bolo Bhi, the Centre for Justice and Accountability, the CIVICUS: World Alliance for Citizen Participation, the Committee to Protect Journalists, the Dart Centre for Journalism and Trauma, the Federation of Media Employees’ Trade Unions, the Free Media Movement, the Freedom Forum Nepal, Human Rights Watch, the International Freedom of Expression Exchange, the International Federation for Human Rights, the International Federation of Journalists, the International Press Institute, the Overseas Press Club of America Incorporated, PEN International, PEN Sri Lanka, Reporters Without Borders and the Sri Lanka Working Journalists Association, have also urged to repeal the Online Safety Act, and the Prevention of Terrorism (Temporary Provisions) Act (PTA), amend the Parliamentary (Powers and Privileges) Act, and the Personal Data Protection Act, and to establish an independent, self-regulatory media commission.
Copies of the letter have also been sent to the Ministers in charge of the subjects of Justice, and Mass Media.
“We urge your leadership to ensure that Sri Lanka upholds press freedom. Cases of violence against the press include dozens of murders, abductions, and physical attacks on journalists and media offices during and in the aftermath of the civil war. The investigations should meet international standards as outlined under the United Nations’ Minnesota Protocol on the Investigation of Potentially Unlawful Death. Effective investigations require robust protection mechanisms for witnesses and investigators. We urge the authorities to bring the prolonged prosecution for the 2010 enforced disappearance and suspected murder of journalist and cartoonist Prageeth Ekneligoda to a timely and effective end while ensuring accountability for all perpetrators. Ensure that law enforcement agencies end the harassment and intimidation of journalists, especially ethnic Tamils, who have long faced intensive surveillance and other undue restrictions on their reporting. Law enforcement agencies should facilitate the withdrawal of criminal cases brought against journalists in retaliation for their work. Further, the authorities should not take legal action against journalists for ‘intimidating public servants’. The Online Safety Act grants sweeping powers to a commission appointed by the President to censor online content, thereby creating a chilling effect on the freedom of expression; hence, the law should be replaced with new cybersecurity legislation aimed at addressing genuine online harms, such as harassment and fraud, rather than enabling disproportionate restrictions on peaceful online speech, and jeopardising the right to privacy. The PTA has long been used to imprison and harass journalists for their work; the relevant offenses should instead be addressed within the framework of the country’s existing criminal laws. The Parliamentary (Powers and Privileges) Act curtails reporting on Parliamentary affairs that are crucial matters of public interest. Proactive measures should be introduced to ensure greater media access to Parliamentary committees. Provisions of the Personal Data Protection Act that allow the said Law to override the Right to Information Act should be removed, and neither Law should override the other in their respective implementation processes. The said media commission should uphold press freedom and adjudicate matters of journalistic ethics without criminalising reporters or placing undue restrictions on their work. The commission should ensure fair and adequate representation of the media sector within its membership and guarantee the right to appeal against its decisions, including in a court of law,” the letter further read.