FMM Statement on the continuing developments in the episode involving Minister Mervyn Silva at the Sri Lanka Rupavahini Corporation on 27th December 2007

31st December 2007

FMM expresses its serious concern and alarm at the incredible turn of events that have occurred in the aftermath of the episode in which Minister Mervyn Silva attempted to intimidate officials of the Sri Lanka Rupavahini Corporation (SLRC) through physical violence and verbal abuse on 27th December 2007. On that occasion Minister Silva’s well-known proclivity to threaten media freedom through the use of thuggery was resisted by the journalists and staff of the SLRC, in a spontaneous demonstration of solidarity against, and resistance to political violence against journalists and media personnel.

What has happened since then is cause for grave disquiet in respect of the freedom of expression, media freedom and independence, and the integrity of democratic institutions and democracy in Sri Lanka. FMM believes that Minister Silva’s behaviour, both on well-documented previous occasions as well as the instant, is prima facie cause for summary dismissal under any democratic dispensation, and in respect of which the responsibility lies squarely with the President. This is even more so given that apart from Mervyn Silva’s ministerial office, he also sits in Parliament at the pleasure of the President as a National List Member of Parliament appointed by the President in his capacity as the leader of the Sri Lanka Freedom Party.

However, the President appears to have adopted an attitude wholly at odds with the public revulsion Minister Silva’s conduct has provoked throughout Sri Lanka. According to news reports and reliable sources, the President has communicated his displeasure in very strong terms to the senior management of the SLRC for having live telecast the events of last Thursday (leading to self-censorship by SLRC news management in reporting on the incident in subsequent SLRC news bulletins), and instigated an investigation by the Department of Criminal Investigation (CID) against the media personnel at SLRC. Astoundingly, the President has not shown the same commitment to accountability with regard to his own Minister, against whom no disciplinary action whatsoever has so far been taken, in a trend that would seem to indicate no action will be taken in the future either.

FMM, together with all Sri Lankans committed to liberty, human rights and democratic institutions, is appalled by the course of conduct adopted by the President in which he has now become the focus of attention in respect of bad governance, maladministration, and of defending the indefensible. We are at a loss to understand how the President can, with good conscience, persecute journalists of the SLRC whilst shielding his errant Minister, in blatant violation of every applicable democratic ethic. FMM emphatically calls upon the President to desist from the persecution of journalists and instead devote his efforts to discipline Minister Silva forthwith, in the discharge of his constitutional duty to uphold fundamental rights and the democratic way of life of all Sri Lankans. FMM hopes that disciplinary action against Minister Silva will accompany the necessary criminal investigations and prosecutions that must ensue from his behaviour, if the integrity of the Rule of Law and public confidence in democratic institutions are to be upheld.

In a broader policy context, FMM notes that this episode has once again shown in stark terms the wholly unacceptable level of politicisation that afflicts state-owned public media institutions. FMM strongly believes that neither the President nor indeed Minister Silva would have adopted the attitudes they have, had the independence and autonomy of the principal public television broadcaster in Sri Lanka been legally assured and guaranteed.

FMM is firmly of the view that even the current statutory scheme governing the SLRC contemplates a public service broadcaster, not an instrument of propaganda for the government in power for the time being. Unfortunately, the SLRC and other state-owned and operated media institutions have since their inception been consistently abused by all political parties holding power for partisan advantage. This episode therefore reinforce the calls made by FMM and partner organisations on the critical need for fundamental legal and constitutional reforms so as to divest state ownership of print media institutions and to re-establish state broadcasting institutions as truly public service broadcasters. FMM also notes that the President himself has acknowledged the need for reforms in these directions in discussions with FMM in August 2007, and calls upon him to implement the same. We are ready to assist the government with these reforms if the government is serious and sincere about undertaking them.

FMM calls upon all concerned here and abroad to stand in solidarity with the media personnel of the SLRC, and against the anti-democratic and unconscionable behaviour of politicians abusing public-owned and taxpayer-funded institutions for illegitimate ends.

Government Minister runs amok in State run TV station in Sri Lanka

27th December 2007, Colombo, Sri Lanka: The Free Media Movement (FMM) is outraged, not for the first time, at the behaviour of Government Minister Mervyn Silva today. In a wanton act of violence, the Minister stormed into the State run television station Sri Lanka Rupavahini Cooperation (SLRC) this morning with group of his thugs and assaulted its News Director, Mr. T.M.G. Chandrasekara. MP Mervyn Silva ostensibly entered the SLRC premises to protest that a speech made by him the previous day at a public meeting was not broadcast in the channel’s TV news bulletins. According to SLRC sources, Mr. Chandrasekara was assaulted twice and then dragged to the chairman’s office.

The FMM notes with deep regret and alarm that this unprecedented attack against a journalist in Sri Lanka by a politician of the ruling party is deeply indicative of the desultory attitude of the government towards media freedom. Further, we note that MP Mervyn Silva’s behaviour in particular and the context within which such hooliganism is allowed to persist in general is clearly demonstrates the significant breakdown of law and order in Sri Lanka today.  In this regard, we note that it is a matter of public record that the Minister in question has repeatedly and vituperatively threatened media personnel, particularly journalists from the MTV and Sirasa TV channels and the Sinhala newspaper Divanina.

The media community, in a fitting demonstration of solidarity, were unequivocally united in their condemnation of the Minister’s actions. The FMM recognises the courage of the journalists working at the SLRC and their colleagues from media organisations outside to barricade the Minister and his thugs until the arrival of the Police and the measures taken to demand a public apology live on camera.

The ignoble retreat of the Minister was a victory for free media and a significant show strength by journalists with a clear message to respect the right of journalists to be treated with dignity. The FMM has for a number of years strongly lobbied for the transformation of all State run media institutions as public service media, free from political and commercial pressures. We trust that this revolting attack is a turning point in this regard.

In reiterating its shock and dismay at MP Mervyn Silva’s obnoxious behaviour, we affirm that the only meaningful manner in which the Government can address this issue is to address the larger and marked deterioration of media freedom in Sri Lanka, recently ranked by the Press Emblem Campaign (PEC) as the third most dangerous country in the world for journalists.

We also call upon the ruling party and the President to facilitate an urgent and full investigation into this incident with punitive measures taken against the Minister and meaningful assurances given that he will not be placed in any position to threaten or harm journalists in Sri Lanka henceforth.

Recommended action:

Urgently address your concern regarding MP Mervyn Silva’s actions today and the significant deterioration of media freedom in Sri Lanka to Hon. Anura Priyadarshana Yapa, Minster for Mass Media and Information.

Ministry of Mass Media and Information
163, Kirulapona Road, Polhengoda,
Colombo 05,
Sri Lanka.

Fax: +94 – 11- 2513500

FMM deplores Sri Lankan Media Minister’s statement

24th December 2007, Colombo, Sri Lanka: The Free Media Movement (FMM) is strongly opposed to and deeply regrets the self-styled definition of journalists as put forward recently by the Sri Lankan Media Minister, Hon. Anura Priyadarshana Yapa.

Responding to the Press Emblem Campaign (PEC) report that placed Sri Lanka as the third most dangerous country in the world for journalists to work in, the Minister averred that only those who have obtained media accreditation cards issued by the Government Information Department are considered journalists. He went on to say that according to this criterion, only one journalist has been killed in 2007.

The FMM strongly disagrees with and is appalled by the inappropriateness of this restrictive definition of a journalist. In contradistinction and in keeping with globally accepted norms and standards of journalism today, the FMM believes that anyone who as a profession engages in gathering, editing and dissemination of information, individually or organizationally, in an impartial, accurate and professional manner, is a journalist. This includes bloggers and citizens who create, edit or otherwise disseminate content on the Internet and web dealing with socio-political and cultural critiques, including content on governance, democracy and fundamental rights. This understanding of and approach to traditional and new forms of journalism is the norm in democratic societies today, based on media freedom and the freedom of expression.

Killing or verbally or physically harming anyone who fits into this definition constitutes an action against a journalist and the media community. Accordingly, the FMM is compelled to firmly assert that the Media Minister’s own definition is woefully outmoded and dangerously partial to the government’s concerted efforts to play down and gloss over its own egregious responsibility in severely undermining the security and safety of journalists in Sri Lanka.

• On 15th February 2007 of journalist Subramaniam Ramachandran, North of Jaffna and near Vadamaradchi, went missing. According to the information collected by the International Mission of Press Freedom and the Freedom of Expression in July this year, Ramachandran left the tuition class he ran in Karaveddy in the early evening of 15th February with a friend. Soldiers stopped them for questioning when they got as far as the Kalikai Junction military camp.  His friend was allowed to leave and Ramachandran was detained. His family has since had no news of him and he is feared dead.
• On 16th April 2007 Subash Chandraboas (32), who edited his own monthly literary magazine, was shot dead on at about 7.30 p.m at his residence in Thirunavatkulam, Vavuniya. He was former student of the Sri Lanka College of Journalism and had also obtained a month’s training from the Virakesari newspaper after passing out from the College. He has served the London based magazine “Tamil World” as a freelance journalist.  Mr. Chandraboas owned a small printing press in Vavuniya and was known for his passion for literature.
• On 29th April 2007, Selvarajah Rajivarnam was shot dead as he was cycling to his office in Jaffna Town.  Rajivarnam, 24, had worked at the paper for six months covering crime stories and visiting police stations and hospitals to investigate disappearances. He had worked for three years on Namathu Eelanadu, whose managing director was killed in August 2006.
• On 1st August 2007 Sahathevan Nilakshan, a journalism student who edited the Chaalaram magazine was shot dead in Kokuvil, Jaffna. He used to report to Tamil diaspora media as well.

None of the above were in possession of media accreditation cards issued by the Media Ministry for 2007. What is more, despite strong local and international condemnation, including from the offices of the International Federation of Journalists (IFJ) and UNESCO, the government obstinately continues to not accept that their targeting of the Voice of Tigers (VOT) radio station on 27th November 2007 was an attack against journalists.  The attack killed 11 civilians and among them were one journalist (Isaivizhi Chempiyan alias Subajini) and two media workers of VOT (Suresh Linbiyo and T. Tharmalingam).

Two more media workers, Anthonypillai Sherin Sithranjan  and Vadivel Nimalarajah, were abducted in November 2007 in Jaffna.

The Sri Lankan Media Minister’s denial of these acts of violence against the media community will strengthen the existing culture of impunity and will not in any way help to find those responsible. On the other hand, whilst quick to denounce and decry the PEC report, the find that the Minister’s telling silence on the attacks on the Standard newspapers and Leader publications, the closure of the ABC radio network, unending harassments to Tamil media and journalists, threats to Editors, government sponsored hate speech campaigns against senior journalist Iqbal Athas, continuing threats and intimidations to provincial correspondents, unofficial censorship, the increasing partiality and political bias of state controlled media as well as inability to ensure legal frame work for freedom of expression in Sri Lanka damning and undeniable indicators of his government inability and unwillingness to address the severe deterioration of media freedom in Sri Lanka.

Recommended action:

Please address your concern to the Media Minster, Hon. Anura Priyadarshana Yapa, emphasizing his duty to protect freedom of expression and on the urgent need to expand the his Ministry’s definition of journalists to those who don’t have Government accreditation.

Hon. Anura Priyadarshana Yapa,
Minster for Mass Media and Information,
163, Kirulapona Road, Polhengoda,
Colombo 05,
Sri Lanka.

Fax: +94 – 11- 2513500
Phone: +94 – 11 -2513507
Email: anura.yapa@media.gov.lk
Web: http://www.media.gov.lk/

Free Media Movement E-Bulletin: November 2007

1. Journalist accused by Minster of Parliament
2. A broad coalition to defend Freedom of Expression created
3. Two journalists detained over night
4. News paper distributor abducted in Jaffna
5. Two journalist students detained briefly
6. Journalists and other organizations joined a media protest
7. Two TV journalists assaulted
8. UNP leader pulls up Daily Mirror lobby correspondent
9. Deputy Editor followed by unidentified person
10. Minister asks BBC to not quote the LTTE
11. Journalists leave the country for safety
12. FMM joins IFJ in solidarity with Pakistani journalists
13. Journalists awards ceremony held
14. Proof reader abducted in Jaffna
15. Leader publications printing house attacked by arsonists
16. Second protest by journalist in a month
17. Provincial journalist threatened
18. BBC Sinhala programme censored by SLRC
19. Voice of Tigers radio station bomber, 3 media workers killed
20. SC grants leave to proceed in a case filed by a journalist

1st November – Journalist accused by Minster of Parliament
Member of Parliament and Minister Dr. Rajitha Senarathna accused Mrs. Sunetra Atugalpura, Deputy News Editor of Sinhala Language daily Lakbima of political bias speaking at a party press conference. The reason for the accusation was a new story published under her byline related to their political group. Five media organisations issuing a release deplored the Minister’s attitude of naming and shaming journalists instead of sending a correction to the newspaper. The journalist accused by the Minister, in a letter to FMM, stood by her story as accurate and impartial.

2nd November – A broad coalition to defend Freedom of Expression rights created
A broad coalition called Movement Against Media Suppression (MAMS) was created with the participation of leading Trade Unions, Human Rights organisations and women’s organisations in the country. MAMS was initiated by the Media Centre which consists of five leading journalist oroganisations in the country. Poddala Jayantha, Secretary of the Sri Lanka Working Journalists Association (SLWJA) was appointed as the Convener. Its address is 1C, 1/1, 28th Lane , Flower Road , Colombo 07.

4th November – Two journalists detained over night
Two journalists of Tamil daily Veerakesari was detained over night by Slave Island police (a Police division in Colombo ) without any valid reason merely because there were from a Tamil language newspaper. Journalists Meera Sakib Ahamad Fahim and photojournalist M.S .Salim along with their driver Karupaiya Rajendaran was arrested by the military and handed over to the police when they were in assignment on ”city visit” for the newspaper. They were released without any charge the next morning after media organizations made representations to the Police.

5th November – News paper distributor abducted in Jaffna
A newspaper delivery person of Jaffna based Tamil daily Yal Thinakkural, Mr. Anthonypillai Sherin Sithranjan was reported missing since 5th November 2007. Mr. Anthonypillai is 36 years old, married and father of one child. He lived at Uyarappulm, Annaikkottai, Jaffna . He went missing after taking papers for distribution from Yarl Thinakkural office in K.K.S Road at 6:00 a.m. on 5th November.

6th November -Two journalist students detained briefly
Two journalism students of Sri Lanka Press Institute (SLPI) were arrested by the Pettah Police station and detained briefly. Both students belonged to minority communities.

6th November -Journalists and other organizations joined a media protest
Media organizations, Trade Unions and Human Rights organizations held a one thousand strong protest in defense of FOE rights in Colombo on 10th November under the slogan Freedom of Expression – Foundation of all Freedoms. The protest was the first campaign by newly formed Movement Against Media Suppression (MAMS).

8th November – Two TV journalists assaulted
Two TV journalists of Sirasa were assaulted by a mob in Ranminithanna, Tissamaharamaya in the deep South of Sri Lanka whilst on an assignment to cover the killing of two villages by unidentified persons. The two journalists were Wasantha Pradeep Manasingha and I.K.A. Waruna Sampath. The assault took place after and as a direct consequence of police officers ordering the journalists to leave the scene in an uncivilized manner.

8th November 29 – UNP leader pulls up Daily Mirror lobby correspondent
The main opposition party UNP Leader Ranil Wickremesinghe pulled-up Daily Mirror Lobby Correspondent Kelum Bandara for not publishing the UNP’s statement on budget. The UNP Leader had reportedly said that “Daily Mirror is worse than Daily News” indicating that the paper is being partial to government and had added that he would issue a letter to mark his protest over the matter.

9th November – Deputy editor followed by unidentified person
On the night of 9th November Deputy Editor of the daily Sinhala newspaper Lakbima, Sampath Deshapriya reported to FMM that he was followed to his residence by an unidentified man and refused to leave when he was asked to. In the end he had to seek police protection.

10th November – Minister asks BBC to not quote LTTE rebels
According to an un – contradicted report in Sunday Lankadeepa newspaper on 10th November, Media Minister Laxman Yapa Abewardana has asked BBC world service not to get direct quotations from the LTTE on Sri Lanka situation as the LTTE had been banned in many countries. According to the Minister direct quotations from LTTE may give a distorted picture of the country. The Minister made this request when he met head BBC Jonathan Falwam and News Editor Richard Porter in London .

10th November – Journalists leave the country for safety
Journalist K.P. Mohan of Tamil daily Thinakural who had been assaulted twice by Air Force personnel in June and attacked with acid by unidentified persons in August fled the country to Switzerland in fear of his life and for his safety. Police inquires in to all three incidents has drawn a blank and have been unable to produce any suspects in a Court of Law. Mohan was the Defense Correspondent of daily Thinakkural.

15th November – FMM joins IFJ in solidarity with Pakistani journalists
In a letter to the Pakistan High Commission in Colombo the FMM said “We share the opinion of the IFJ and our colleagues in Pakistan that the challenges facing Pakistan cannot be solved by actions which prevent journalists from doing their work, that put our colleagues at risk of their personal safety and which will only encourage fear, ignorance and rumour within the population at large.We urge your government to take all immediate steps to lift the imposition of censorship and controls on media and on journalists and we call on you to take whatever steps are necessary to protect journalists in their work.”

16th November – Journalists awards ceremony held
Organised by five media organizations (SLWJA, FMETU , FMM, SLTMA, SLMMF) with the International Federation of Journalists (IFJ) for the second consecutive year, the Public Services Journalism Awards ceremony was held at the Galle Face Hotel, Colombo on 16th November. Centre for Policy Alternatives facilitated and administered the awards ceremony while USAID provided financial support. More than 300 journalists sent over 750 entries from all over Sri Lanka .

17th November – Proof reader abducted in Jaffna
Mr. Vadivel Nimalarajah, proof reader of Jaffna based Uthayan newspaper reported missing since 17th November 2007. He has been with Uthayan newspaper for last three years as night proof reader. Mr. V. Nimalarajah was cycling on his way home when he was abducted by unidentified group near the Navalar Road railway crossing around 7.30 am. He is 31 years old, unmarried and lived at Nicholas Lane , Kachcheri Nallur Road , Jaffna .

21st November – Leader Publications printing house attacked by arsonists
The printing press of Leader Publications, which publish the weekly The Sunday Leader, mid weekly Morning Leader and Sinhala Weekly Irudina was destroyed arsonists early morning on 21st November. The printing house was situated at 24, Katukurunduwatta Road , Ratmalana and in very close proximity to a High Security Zone (HSZ). The damage estimated at millions of rupees. The Morning Leader print run was on when the armed gang of 15 forced themselves into the printing house and set it on fire.

23rd November – Second protest by journalists in a month
On 23rd November journalists with likeminded pro-democracy groups took to the street for the second time in a month. The protest was organized against the arson attack on Leader publications printing press on 21st November. Nearly 500 people including Trade Union and civil society leaders took part in the protest which was held in the centre of Colombo city.

27th November – Provincial journalist threatened
Journalist Karunarathna Gamge of the Divaina newspaper was verbally assaulted by the President of Tamankaduwa local government authority in Polonnaruwa on 27th November. Mr. Gamage, who is the President of the Polonnaruwa District Journalist’s Association was covering a story related to garbage whilst taking some photographs. Mr. Gamage has lodged a complaint with the police regarding the incident.

28th November – BBC Sinhala programme censored by SLRC
State owned and controlled radio station (SLRC) by manipulated the time of broadcast, effectively put off the air the Sinhala language programme of the BBC, Sanadeshaya on 28th November. . According to FMM sources the sections related to LTTE leader’s hero’s day speech were completely censored by the SLRC in a clear case of media censorship barely 24 hours after the Media Minster’s spurious claim during the parliamentary budget debate that there is no media censorship in Sri Lanka.

27th November – Voice of Tigers radio station bombed, 3 media workers killed
On the evening of 27th November, Sri Lankan Air Force jets bombed the Liberation of Tamil Tigers Ealam (LTTE) radio station Voice of Tigers (VOT), killing three of its media workers. The station location was well known for years. No government in the past has attacked the station as it was a civilian office, not a military installation. According to Tamilnet, the three editorial staff killed in the attack were identified as Isaivizhi Chempiyan (also known as Subajini, a former Ozhiveechchu news presenter), Suresh Linbiyo, a technical desk worker and T. Tharmalingam. Radio presenters K. Jenanai, 34, and Anparasi Rajkumar were wounded in the attack. Two other staff workers sustained minor injuries, according to the same source.

29th November – Supreme Court (SC) grants leave to proceed in a case filed by a journalist
The Supreme Court on 29th November granted leave to proceed with a fundamental rights petition filed by The Sunday Leader journalist Arthur Wamanan against his arbitrary arrest and detention. Wamanan filed the petition on November 22nd, claiming that his arrest and detention without a valid reason had violated of his fundamental rights and breached the constitutional right to engage in a profession freely and independently. The journalist is also seeking Rs. 10 million in compensation.