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Freeing the media

Viewed particularly by sections of the country's media as a draconian piece of legislation, Sri Lanka's Criminal Defamation Law is to be deleted from Sri Lanka's Statute Books. This will be carried out in keeping with the Government's pledge to uphold media freedom, Justice Minister W. J. M. Lokubandara was quoted as saying in a memorandum to the Cabinet of Ministers recently, which outlined the proposal.

We in the Fourth Estate warmly welcome this measure because it removes a huge obstruction to the unfettered expression of views on matters of grave importance. It is now axiomatic that the sound democratic health of a country is measured by the degree to which its media are free. Freedom of expression, in other words, is a vital test of democracy. By taking concrete steps to repeal the country's Criminal Defamation Law, the Government has made substantial moves in the redemocratization of the State. Freedom of expression, thus, becomes a more palpable reality.

The oppressive nature of the Criminal Defamation Law was highlighted a few years ago when a local newspaper editor was charged and prosecuted under it, for the publication of an article which allegedly reflected badly on the Political Executive. An important issue which the case highlighted was the degree of freedom the media possessed to hold those holding public office accountable for actions which they viewed as irregular.

This issue can never lose its topicality in view of the pressing need for good governance and on account of the importance of the public holding top decision-makers and officials accountable for their misdeeds. Unfettered, constructively critical media are vital for these purposes. Hence the need to remove draconian legislation which tends to stifle the media.

Freedom, however, has to be used with a deep sense of responsibility and we in the media have to take cognizance of this. An end to criminal defamation suits shouldn't serve as a greenlight to use one's freedom of expression unwisely and irresponsibly. For instance, the right to privacy of everyone, regardless of her or his standing in life, should be respected. Journalists need to act with a sense of social responsibility but should refrain from degenerating to the condition of "media hounds".

It should be remembered that although legal remedies may remain available to those who believe they have been defamed, a reputation once badly tarnished, may prove extremely difficult to retrieve.

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