Prof. Charitha Herath labels Broadcasting Authority Draft Bill as draconian

MP Prof. Charitha Herath 

• Says it will ruin democratic beauty of country 
• Slams it for lack of interpretations relating to many key provisions 
• Claims it has been drafted without considering industry and investments made 
• Calls on civil society and political parties to raise their voices against it 

Freedom People’s Congress member, MP Prof. Charitha Herath yesterday slammed the newly proposed Broadcasting Authority Draft Bill calling it a ‘draconian’ piece of legislation. 

“It has been drafted without considering the facts that there is no existing and dedicated law to regulate all broadcasters and that the private sector has heavily invested in the industry,” the MP said. According to him, those who drafted the proposed Bill have done so without understanding that the industry is an already running business and not in its infancy. 

Considering various provisions of the Bill, Herath raised several concerns including the method of making appointments to the Commission set to be established by it. 

The MP noted that it will consist of merely five members including the Secretary to the Ministry, the Director General of Telecommunications and three others appointed by the President. Prof. Herath said it was proposed during discussions over the years to broaden such a commission to include various stakeholders. He also pointed out the draft has failed to specify which Ministry Secretary is to be appointed to the commission.  

He also noted that it will only require a quorum of three members including the Commission Chairman to make key decisions relating to the Commission which will impact the entire industry. “Billions have been invested in this industry by the private sector. But now according to this merely three people will be able to decide on suspending licences of channels etc,” he said. 

Prof. Herath said more transparency and balance with regard to the commission is needed and urged the Government to revisit the relevant section of the draft Bill. 

He also expressed his view that the tenure of the commission should be merely three years and not five as proposed in the draft. 

“The objectives of the draft speak of abuse of power relating to broadcasters as a violation but no definition has been provided. Many open-ended words have been used and no important interpretations provided,” he noted. 

He also expressed his dismay that the Commission will be able to dictate and force broadcasters to adhere to strict social and cultural boundaries set and as understood by them. 

The MP also found an issue with the fact the draft sets to find broadcasters in violation of the act if they broadcast any content deemed as a threat to the ‘national economy’. “The parameters surrounding national security can be accepted. But why is the economy included here? If someone expresses an opinion about the economy it cannot be broadcast according to this. Is this a banana republic?” the MP asked. 

He noted that the draft Bill does not interpret what ‘national economy’ denotes and said it cannot be accepted. “Is the national economy the view of the IMF, the President, the CBSL governor or of ministers?” he asked. 

The MP said this is a serious matter as channels can be shut down if deemed to have broadcasted anything that can harm the country’s national economy. 

Prof. Herath said the committee to investigate complaints that can be set up by the commission is also problematic as it does not mention how its members will be chosen. 

“It is clear this Bill has been drafted by a retired Government official with a narrow view of what democracy entrails. It will ruin the democratic beauty of the country and the Bill violates the freedom of expression,” he said. 

The MP urged civil society organisations and political parties to raise their voice and discuss the proposed Bill. “This is the most draconian law formulated,” he alleged.