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does it 'Mirror' the private media?

by Amrit Muttukumaru

LTTE - under scrutiny

"We are a sovereign State and they are a terrorist organization that has been banned in many countries. As for the international community and the Americans - one afternoon's work by an Aircraft carrier or a Battleship would knock the s...s out of this so called LTTE navy in a second implementation of the principle of pre-emptive action.." This is a prominent blurb in the article titled: 'Operation Shock and Awe: LTTE Style' purportedly published in one of the most prestigious newspapers in the world- 'The Times' of London.

Or was it? Herein hangs a tale which not only gives a good run to Ripley's 'Believe it or not' but more critically brings into sharp focus and exposes the Sheer rot in the body politic of this country and what the peace process is really up against in terms also of underhand resistance from powerful sources.

The private media is purported to be reasonably responsible and the inauguration of the Press Complaints Commission of Sri Lanka (PCCSL) in the aftermath of the Colombo Declaration on media freedom and social responsibility, independent.

Very sadly and tragically, from what is to follow in this article, it will be patently clear that such an expectation is totally misplaced and illusory due to reasons which include a crisis of integrity within the PCCSL itself. This has mainly to do with the dominance and apparent undue influence of a very prominent publishing house in the affairs of the PCCSL with the seeming acquiescence of its directors drawn from the Free Media Movement, Editors' Guild and newspaper publishers.

An English language daily in this country the Daily Mirror in a lead article titled: 'Operation Shock and Awe: LTTE Style' consuming more than three-quarters of its 'World News' section (page 5) would have us believe that it was an article 'Courtesy' of the 'London Times'.

To convince us further, they publish a huge colour picture captioned: "LTTE women cadres inspired by a foreign journalist's camera". What was the need to add the word 'foreign', when it was clear to everyone other than the colour-blind that the 'journalist' concerned was 'white', other than a crude attempt to lend phony 'authenticity' to the article?

As if all this were not enough, the article has not one blurb but two blurbs! This newspaper is not just an ordinary rag. It is part of a huge and influential publishing empire which also publishes an English language Sunday newspaper and well-known Sinhala language newspapers both daily and on Sundays.

Its publishing company headed by its well connected chairman is more than adequately represented in the much hyped Press Complaints Commission of Sri Lanka (PCCSL) and its Dispute Resolution Council.

Deception

Now hold on tightly to your seats, since you are about to learn of the most mind boggling part of this saga - Caron Douse, Assistant Managing Editor, of 'The Times' of London asserts that this article was never published in 'The Times'! Has this fact and its implications sunk in?

On realizing that such an article was most unlikely to have appeared in 'The Times' of London, this writer sought confirmation of its publication from the deputy editor of the newspaper concerned - within two days of its publication.

Even after a reminder, I was only able to elicit an ambiguous answer from the newspaper, but it was more than enough to confirm my initial doubts. For almost ten long months since then, the newspaper concerned did not even attempt a feeble apology to its readers whom it has blatantly deceived and neither as far as we are aware, has it apologized to 'The Times'.

Very strangely, copies of this newspaper on this date with this article have disappeared from the sales point at its head office. The plot further thickens with this particular article conspicuously absent from its web page on this day although other articles on the ethnic issue are available!

Cover-up by PCCSL

On November 14, 2003, this writer made three written complaints, all involving this same newspaper, in the prescribed form to the Press Complaints Commission of Sri Lanka (PCCSL). These complaints were in respect of:

1) Right of Reply

2) Irresponsibly publishing a seemingly non-existent article purportedly from the 'London Times' with Potential dire consequences to the country with reference to the ethnic crisis

3) Apparent advertising pressure from a very influential and prominent advertising personality.

It should be noted that all three complaints are connected with the ethnic crisis. It seems crystal clear that the PCCSL due to the apparent undue influence of this publishing company, is clumsily dodging these complaints on a puerile technicality which centres on the date on which it was inaugurated - 15 October 2003.

Any objective person will realise that other than possibly the complaint on 'Right of Reply', the others - (2) and (3) above, have nothing whatsoever to do with any dates, since they enshrine timeless principles which are at the very core and fundamental to ensuring media freedom and ethics. In fact, this is endorsed both in spirit and form in the 'Code of Practice' of the Editors' Guild of Sri Lanka which has been adopted by the PCCSL.

Hence, if one is sincere about upholding the same, there will be no place for any non-existent excuse based on a mere date to reject them in a cavalier fashion without a transparent inquiry. The dates were mainly introduced since PCCSL's prescribed form required it.

Even with reference to (1) above - 'Right of Reply' - also on the ethnic crisis, this same newspaper which refused to publish the same and did not so for 19 long days, suddenly deciding to publish the same the day after my complaint was lodged with the PCCSL, would also seem to indicate an 'unholy' nexus between its publishers and the PCCSL. There are other grounds as well to suspect such a nexus.

It is not out of place to mention that none of the purported 'independent' commissions under the 17th Amendment are even remotely functioning in the manner intended for a variety of reasons of which 'conflict of interest' is conspicuous. This is also the problem with our private sector and our affluent 'commercial' NGOs.

The signs are that the PCCSL too seems to be afflicted with this disease. This could particularly happen whenever people in the media business get strongly entangled in commercial interests. If the PCCSL is to fulfil its stated objectives and be relevant, it has to maintain the trust of the people and to do so it needs to ensure its credibility. It has to maintain the trust of the people and to do so it needs to ensure its credibility. It has obviously started on the wrong footing.

Even its donor agencies such as NORAD and SIDA, will be hard put to support it unless credibility is maintained. This indeed is a test case for the three PCCSL directors representing the 'Free Media Movement' some of whom are well entrenched in affluent NGOs.

Similarly, it is a test case also for well endowed NGOs purportedly in the 'business' of good governance and conflict resolution - such as 'Centre for Policy Alternatives' (CPA), whose Head, Media Unit is the Convenor of the 'Free Media Movement' and Director, PCCSL, International Centre for Ethnic Studies (ICES) and National Peace Council (NPC).

The time has surely come for them, to venture beyond lucrative, sanitized and largely academic project reports and seminars and "put their money where their mouth is" in decisive activities aimed at creating real pressure!

Proposed action

Here is an 'open and shut case' where ' The Times' of London have categorically stated that this article was never published in their journal. This non-existent article has not only been fraudulently introduced by this newspaper but equally reprehensibly seemingly calculated to create mischief vis-a-vis the sensitive ethnic issue on which hinges the future of this country.

This offence has been perpetrated by a prominent publishing company which is more than adequately represented in the Press Complaints Commission of Sri Lanka.

Under the circumstances, what credibility can be placed on all its publications particularly on the ethnic issue? The attitude of this newspaper towards the sensitive and complex ethnic issue could also be gauged by its recent heading for a news report which read as follows: "Chilaw Marians Swallow Tamils" on 19 January 2004. If it was the Sinhalese Sports Club and not the Tamil Union, would they ever put such a headline? Over to you, the directors of the PCCSL, particularly the three directors representing the 'Free Media Movement'.

The PCCSL's refusal to take appropriate public punitive action against this newspaper in spite of this 'open and shut case' would make it another sanctimonious hypocrisy similar to the 'Constitutional Council' and the other purported 'independent' commissions established by the 17th Amendment to the constitution. If the PCCSL and its directors are to be taken seriously and be relevant, their only options are the following:

1) Identify all those responsible for mischievously 'planting' this fictitious article and take appropriate punitive action against those found guilty and keep both its readers and 'The Times' of London informed accordingly with prominent publicity.

It should be emphazied that in spite of the newspaper concerned being alerted by this writer within two days of its fraudulent publication, it chose to ignore the entire issue for almost ten long months. Such is its level of impunity and arrogance. Of course, one would expect 'The Times' to take its own appropriate action.

2) Identify those in the 'Daily Mirror', PCCSL and its Dispute Resolution Council responsible for the obvious 'cover-up' and pass appropriate stricture on those responsible for the same. The public to be kept informed of the same with prominent publicity.

3) Genuinely remedy the shameful 'conflict of interest' syndrome within the PCCSL system and keep the public informed accordingly.

4) Have a transparent inquiry into the complaint on the apparent advertising pressure from the very influential and prominent advertising personality.

5) Keep this writer advised accordingly, on measures taken with reference to these 'complaints'.

This has to stop. Under the circumstances, the answer to this problem is definitely not privatization. It is simplistically assumed in this country, that the private media is free and independent. This is far from the truth. In as much as the State Media panders to the agenda of the political masters of the day, the private media does likewise for its owners.

The owners of the private media have their own business, political and personal agenda. In fact, through measures which include parliamentary pressure and the electoral process the abuse by one political party cannot go on forever whereas the show goes on forever for the private media. Any wrong doing by a politically influential media mogul often well entrenched in business, is also not exposed by fraternal 'understanding' in the other segments of the 'free' media.

They are also more susceptible to advertising pressure. The shocking case of the above 'planted' article and the attendant media 'conspiracy' of silence, is a powerful example of this. Hence, it is vital that the country should have an alternative to overcome the 'terrorism' of the private media.

Post Script

By E-mail dated 16 February 2004, I have been informed by the Chief Executive Officer (CEO) of the PCCSL that "even though the Press Complaints Commission of Sri Lanka could not entertain this as a complaint as it did not fall within the time frame of our mandate, the Editor of the 'newspaper' has looked into the matter and published a clarification on Page 5 of the 'newspaper' of Saturday, February 14, 2004 and expressed regret for the error."

In the light of all that has been enunciated in this article, does this not clearly demonstrate that the outrageous duplicity of both the PCCSL and the newspaper concerned have no limits? The relatively minuscule and most unobtrusive 'Clarification' of the 'newspaper' in its issue of 14th February 2004 buried at the bottom of its Page 5 'News', is virtually unnoticeable.

It goes onto trot out a mere 'technical error' and an 'inadvertence' for the fraudulent article for which it 'regrets' its 'error'. The 'newspaper' is also being economical with the truth because the non-existent article was not published as it claims in its 'News' page, but significantly, in its 'World News' page.

The circumstances of this case, which includes the very prominent fraudulent article consuming more than three-quarters of its 'World News' section with a huge colour picture and the complete nonchalance and inaction of the 'newspaper' for almost 10 long months after they were alerted by me, clearly indicates that there is no limit to the duplicity that those in the PCCSL and the newspaper concerned are willing to unleash.

If it was due as claimed, to a 'technical error' and an 'inadvertence', the following questions also need to be answered due to its serious implications:

i) What was the actual source of the fraudulent article?

ii) What convincing steps have been taken to ensure it not happening in the future, not only in the 'newspaper' concerned and all its other connected publications, but also in the PCCSL?

iii) What action will be taken on all those responsible for this blatant offence?

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