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Human Rights, Media and State Acts:
A timely publication
Edwin ARIYADASA
Intellectual - Activist Daya Sri Narendra Rajapakse has selected a
theme, whose time has vehemently come. The title of his book is "Human
Rights, Media and State Acts". These three issues are among the staple
topics of contemporary human discourse.
 As the writer indicates in his preface to the book, this work is the
outcome of a series of researches he conducted as part of an academic
study course, he followed at the university.
He directed his initial probe towards the assessment of the impact of
state decrees on the country's media. Do the media adhere to the
stipulated codes of ethics? To what extent, does the practices of media,
reflect the conformity with the country's laws? These were among the
central concerns of his research. It was inevitable, that his research
path would lead him to the crucial concept freedom of expression.
His research covers a five-year period. As an entry into the
core-region of his research, author Daya Sri Narendra Rajapakse,
presents an introductory chapter, the main purpose of which is to
provide a brief resume of the key concepts of communication.
His intention in this section of his work is to establish the fact,
that the malpractices of media workers have determined the introduction
of an extensive range of regulatory measures.
The Author tends to believe that the social stratification that came
in the slip-stream of the introduction of universal franchise that bred
strongly partisan political practices, brought about in turn, marked
media biases. With the wide-spread deterioration of media ethics,
regulatory measures had to be put in place, by subsequent governments.
A climactic point in this effort to control and regulate media, was
the taking over of Lake House, by the government through an Act of
Parliament. The avowed intention of this state move was the ensuring of
an unbiased practice of media. At the time, the present writer embarked
upon his research, there were 31 state Acts and decrees, that had been
promulgated as regulatory measures to guide the media practices of this
country. The point of departure of his research effort was a focused
study of all those regulatory Acts and decrees.
In keeping with the accepted academic norms, the writer provides a
note on the methodology he adopted for this research exercise.
In his discussion of the history of journalism, both at local and
global levels, the writer displays an impressive élan at effectively
summing up matters. This observation applies to the totality of his
book.
The author discusses the story of the evolution of journalism in
human society, to introduce his own "theory". He holds the view, that in
the course of the development of newspapers, it became necessary for
authorities to curb and restrain the unrestricted freedom enjoyed by
newspapers in earlier eras, as abuses of power had begun to appear.
The author proceeds to discuss the twin forms of regulatory measures,
that were usually exerted to impose restraints on newspapers. One system
was the promulgation of state laws that regulated media practice.
The other method is largely extra-legal. These extra-legal, measures
come within propitiation or coercion.
To my mind, it is in this book that an elaboration of the extra-legal
measures to curb media is vividly recorded, for the first time in Sri
Lanka and, in Sinhala for that matter.
The book traces the origin of the effort to bring media under
regulatory measures, to a law enacted in 1839, in the early days British
imperial rule of Sri Lanka.
The author enters into a discussion of the Universal Declaration of
Human Rights, as he considers this document to be one among the four
major universal efforts to safeguard the freedom of expression.
A particularly noteworthy area of his thesis, is the sector in which
he discusses the constitution of Sri Lanka, dwelling somewhat
extensively on its limits. The "limits" he touches on, are those
relating to the proper and unthwarted practice of media. The author
launches on a discussion of codes of ethics, taking them as a further
extension of the regulatory measures imposed on media practice. It is
essential to state here, that the current global discourses on codes of
ethics for media, favour the concept of self-regulation by practitioners
themselves, rather than codes imposed by the state or by an authority
outside the practitioners of media.
I am fully aware that the state has taken the initiative to formulate
a code of ethics, to enhance the media practice in this country. As
things are, it is essential to accelerate the process of the
codification of media ethics, since the matter has now taken on an
urgency, in the current context of fast social fluctuations.
Extending his discussion further afield, the author utilizes some
lavish pages to an introduction of communications concepts. These
"concepts" prevalent in various theatres of human communication, are
either universally valid or have a limited application.
But all these concepts share a core-urge. They are all motivated by a
deep-seated commitment to see that the practice of media is unsullied
and is unerringly directed towards public good and is ever mindful of
public interest. Turning his attention to Sri Lanka, he classifies 31
legal enactments that influence media practices directly or obliquely.
After his sustained analysis of media practice, human rights and
state legislation, the conclusion he arrives at, seems to be titled
''towards a pessimistic view''. He avers, that his research reveals a
troubling situation. In the five year period under review in his
research, the media in this country, he feels have behaved
"unvirtuously" in other words "unethically."
To counter this gloom, he proposes the setting up of a fully
empowered "Media Regulatory Commission." Such a move, he feels, will
usher in an ethically propelled media culture. He even goes on to set
down a skeletal TOR, for such a body.
When everything is said and done, author Daya Sri Narendra
Rajapakse's monograph is a highly commendable piece of research.
Outwardly his book may seem simple and low profile. This is because he
travels third-class, though possessing a privileged first class ticket.
His book is a substantial contribution towards media ethics and an
in-depth study of prevailing regulatory measures that influence media
practice.
After his main discussion in his book proper, the author provides a
tantalizing "dessert", in the form of ten appendices. These are
centrally and integrally relevant to the main discourse. There, he
reproduces his questionnaire, utilized for his public opinion survey,
which formed part of his research process.
Author Daya Sri Narendra Rajapaksha's book assumes high significance,
in the situation we find ourselves in, at this time.
Today, the world is appalled by the horrendous tragedies unleashed by
the shocking abuse of media. In such an alaruning context, Sri Lanka
should pay urgent attention and heed, to the priority need to adopt
measures to bring about a human, life friendly media domain, that would
properly reflect our country's long, compassionate, gentle but yet
pragmatic and defiant cultural traditions.
Thus is the message, implicit in Daya Sri Narendra Rajapakse's
thesis. |
