http://www.ipsnews.net/news.asp?idnews=44547

SRI LANKA: Media Groups to Challenge New Restrictions
By Feizal Samath

COLOMBO, Nov 3 (IPS) - Media groups in Sri Lanka, already restricted
from covering the war against Tamil rebels in the north, are bracing
to challenge new regulations that seek to control television
broadcasting and new media.

The new rules, announced on Oct. 27, control content not only for
broadcast but also MMS (Multimedia Messaging Service), a form of news
dissemination that is rapidly gaining in popularity. Newspapers on the
weekend also reported government plans to bring in similar rules for
radio broadcasting.

"Censorship, there is no doubt about it," warned Sunanda Deshapriya,
spokesman for Sri Lanka's Free Media Movement (FMM), the most vibrant
of several associations representing journalists, publishers and
private broadcasters.

Deshapriya told IPS that media groups and civil society organisations
plan to challenge the regulations in the Supreme Court before Nov. 10,
the deadline for objections before the regulations take effect.

"These are draconian and repressive rules never before enforced in Sri
Lanka," another journalist, who declined to be named, said. "For any
excuse they (authorities) can cancel the licence, and if a news item
is seen to be unfavourable to the government."

The new regulations provide the media minister, as the regulator, with
powers to cancel licenses if content is ''detrimental to the interests
of a national security; incites a break-down of public order; incites
ethnic, religious or cultural hatred; is morally offensive or
indecent; is detrimental to the rights and privileges of children'',
among other restrictions.

In a statement, the FMM said the 'Private Television Broadcasting
Station Regulations', seek to control new technology and bar
foreigners from operating stations. Members of political parties may
not seek licenses and the validity of all licenses are limited to one
year.

The FMM said the new rules could be used for reasons other than
reasonable regulation. "In our view, these new regulations are
misconceived in the way they allow governmental intrusion into freedom
of expression, and media independence," a representative said.

Opposition Leader Ranil Wickremasinghe alleged at a press briefing on
Friday that the government was trying to tighten conditions for the
issuance of broadcasting licenses, as it cannot control live,
political talk shows and reportage of spot news. "All these attempts
are aimed at establishing control of the (Mahinda) Rajapaksa family
company. In fact, the country is today under the control of a family
which severely restricts all democratic rights. This gazette
extraordinary has been issued as part of that attempt.''

Political analysts say President Mahinda Rajapaksa and his powerful
brothers -- Chamal (minister for ports and aviation), Basil (senior
advisor to the President and parliamentarian) and Gotabaya (defence
secretary) together with a handful of close associates, including army
commander Gen. Sarath Fonseka, form a cabal that runs the country.

The government has defended the new regulations. Media minister, Anura
Priyadharshana Yapa, said they were needed to bring about uniformity
in the fast-growing electronic media broadcasting field. "The same
rules must apply to all television stations and these regulations were
introduced for this purpose," he said.

Under the earlier regulations, TV and radio stations were provided
'temporary' licenses' with no operating period specified. Over the
past few years, efforts have been underway to standardise regulations
for both private and government TV and radio broadcasting.

The new regulations also seek to severely restrict news dissemination
through the Internet -- particularly citizen blogs, popular on news
websites.

The government already controls information on the civil war in which
the Sri Lankan army is fighting separatist Tamil rebels in the north
of the island. In recent weeks, only state television has been
reporting from the front.

Government forces are within striking distance of the key northern
town of Kilinochchi, the last bastion of the Liberation Tigers of
Tamil Eelam (LTTE), but have got bogged down by stiff resistance and
heavy monsoon rains.

Since Rajapaksa was elected President in November 2005, at least 15
journalists have been killed, some allegedly by vigilante groups.
Several others have been picked up by state agencies. The Tigers have
also been accused of harassment and attempts to control or intimidate
journalists in the areas they control.

In the latest World Press Freedom Index published by Reporters Without
Borders, Sri Lanka has fallen to the lowest press freedom rating of
any democratic country worldwide.

Another opposition politician, Mangala Samaraweera, a former powerful
politician in Rajapaksa's political party before the latter became
president, said Rajapaka was acting "like Adolf Hitler in a
dictatorial rage.' At least one TV channel has been asked to submit
its news content to the government as a precursor to the enforcement
of the regulations, IPS learns.

FMM's Deshapriya says that the government should have appointed an
independent authority as the regulator instead of the minister.

An international media team, which carried out a fact-finding mission
(Oct.25 – 29) to Sri Lanka, has said it deplored the new regulations
and any effort to impose prior restraint or direct censorship on the
media.

The team, comprising representatives of the International Federation
of Journalists, International Media Support, International News Safety
Institute, International Press Institute and Reporters Without
Borders, said it found a deterioration in the press freedom situation
since its last visit in June 2007.

"In recent months journalists and media institutions seeking to report
independently on the ongoing conflict have been attacked and
intimidated in a seeming effort to limit public knowledge about the
conduct of the war and to reveal their sources. This is a violation of
the public right to know and the accepted norm that media sources
should be protected," it said.

(END/2008)

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