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Friday, 3 August 2012

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The role of newspapers

What is the role of newspapers? This certainly, is not a rhetorical question, but one that needs an answer, to distinguish it from various publications extant in the print media under a name and style of its own, as a newspaper, tabloid paper, news letter or bulletin, educational paper or magazine etc: And these publications certainly do not have one common object or purpose, that is obviously known only to the reader to whom it relates.

In this quest for such an answer this writer had the benefit of reading an article written and published by USIA Staff Writer Charles W Corey under the caption “Newspapers must relate directly to their readers”; that had created an indelible impression in his mind, that he deems it worthy of sharing with others, by citing excerpts there from, relevant to the subject herein discussed under the above caption.

Quote: Washington - The best newspapers and magazines are not sensationalist in their approach to readers, but address issues that affect their daily lives. “USA Today page One Editor Monte Lorell and Phil Merrill, publisher of Washington Magazine and a chain of city newspapers, made that point in a June 6 US Information Agency World net broadcast to Dares Salaam, Accra and Abidjan.”

“We don’t try to be sensationalist. That is the last thing we want to be” Lorell stressed. “We want to present a face that reflects the news ... What we do try to do in our news feature pieces, we try to have the headline address the reader. We ask a question that will get the reader’s attention.” “It is not a question of being sensational, but it is a question of selling magazines, and the best way to do that is to relate to the reader with stories about everyday life” .... “The print media in the United States are here to stay, Merril predicted.”

Tabloid paper

In this context it is noteworthy, that quite in contrast, to the opinions expressed by experts in their own field of the print media and publication of newspapers and magazines in USA, here in Sri Lanka exists a tabloid paper published during the weekend on Sunday claiming it to be a newspaper, when it is not, except in the size of its paper, but plays the role of a tabloid paper. However having seen and read this paper for some time, it is manifestly evident, that it is indeed eminently qualified to take the number one slot in leadership for providing food and nourishment to persons suffering from a mental ailment known to psychiatrists as schadenfreude’, ie “the malicious enjoyment of another’s misfortunes”. This then is the theme and main object of this weekend paper, being ‘sensational’ that is strongly decried as aforementioned by print media experts Monte Lorell and Phil Merrill.

In achieving its common object of being ‘sensational’, no efforts, are spared by this newspaper to vilify and tarnish the character of individuals of whatever status or office he or she holds in life, and it is manifestly evident, that the higher the status or office held by the person vilified, greater the effort and joy of publicity given to slander and libel with impunity in the name of media freedom.

Expert opinion

Thus it is crystal clear that those responsible for these malicious publications without any compunction or due regard to decency and morality, thereby causing irreparable harm and pain of mind for life, particularly in the case of students, by its defamatory and libelous publicity in its columns apart from the countless numbers of others whose characters are tarnished, that certainly cloy the appetites of those it feeds who maliciously enjoy reading the misfortunes of others; the paper then pats itself on its back with utmost glee, like little “Jack Horner (in the nursery rhyme) who sat in a corner eating his Christmas pie/put in his thumb and pulled out a plum, and said what a clever boy am I.”

It was patently evident by a more recent publication that the paper has now graduated in the discipline of vilifying and slandering not only the Head of State of Sri Lanka but also of other states in the world; that perhaps may be in vogue at Hyde Park Corner in London, but most certainly not appropriate for a paper claiming to be a newspaper, in terms of expert opinion.

Since the repetition of a libel is deemed libelous in the eye of the law, this writer refrains from even repeating the caption of that article in question that is manifestly within the realm of libel whilst the contents thereof is more malicious, under the guise of offering gratuitous advice, with latent motives, to President Mahinda Rajapaksa on foreign policy, which certainly reveals, the hand with the poisoned pen.

Loss of public revenue

It is in the backdrop of the foregoing facts that the attention of this writer was drawn by the most recent banner headline in this paper on Defence and Urban Development Ministry Secretary Gotabhaya Rajapaksa that activated him to scrutinize and examine the facts reported therein according to the laws of Sri Lanka.

It is noteworthy, that in as much this writer was motivated as aforementioned, other persons have also been activated and have voluminously written and published their opinions in the said newspaper even demanding the resignation of the person concerned. Thus this writer deems it necessary and expedient, in the larger interests of the public to scrutinize the facts carefully, in order to disabuse the public mind on the allegations raised.

It is reported, the gravamen of the charge is - had the change of flight been effected it would have resulted in a loss of public revenue as 56 passengers would have been off-loaded. It is manifestly evident that when passengers are off loaded there is no loss of revenue to the airline concerned: In such an event the off-loaded passengers are then provided with another alternative flight. Thus it is manifestly evident that the whole episode turns out to be a storm in a tea cup, remarkably magnified.

Since a huge outcry has been raised on the issue of the language used in the interview between ‘MR’ and ‘FJ’ as reported verbatim in the article under reference, it is deemed necessary and expedient to refer to this issue also for the public benefit.

English language

Undoubtedly in this verbatim report ‘FJ’ is highlighting the same, to show the world, of the use by ‘GR’ of the four letter English word beginning with letter ‘f’ and ending with ‘k’ that has now become part of the English vocabulary after the court decision in the famous case of the novel ‘Lady Chatterly’s Lover’; So much so, that in Western video presentations in English even viewed by children underage, this four letter word is freely used without any restriction.

It is certainly not the purpose or object of this publication to advise or express opinions on the use of the English language. But to scrutinize and examine the facts in relation to the allegations made to discover whether there is any illegality or wrongful act committed.

Under the Penal Code of Sri Lanka the offence of abuse and insult is defined and made punishable under section 484: The offence of Criminal Intimidation and threat to kill is defined under section 486 and made punishable. But they are offences now referable to the Conciliation Boards. Our Superior Courts of Sri Lanka have consistently held as reported in the Law Journals, Text Books and New Law Reports: that the “Use of abusive language while in a bad temper. Without proof of the necessary intention or knowledge cannot sustain an offence under section 484: (1936, ICLJN 49.) (ICLW 343) In a case report from India - Per Hutchinson CJ-”I do not think that I can say that the mere foulness of the language used is by itself sufficient to prove such intention or knowledge”. (vide 4 Bombay LR 78.)

The writer is a senior Attorney-at-Law

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