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The Press Complaints Commission of Sri Lanka (PCCSL) yesterday celebrated its tenth anniversary with the inauguration of a two day international conference on ‘Self regulation and ethical news reporting.’
With delegates representing over ten countries, the conference will, over these two days (today and tomorrow) look at right to information, journalism, ethics and globalisation, enforcement of self regulation on cyber media news coverage guidelines among many other related topics.
Delivering the key note speech at the inauguration, University of Law Professor Emeritus of Law Prof. Savitri Goonesekere noted that Sri Lanka has made international headlines both positive and negative over the last few years. The issue of violence against journalists in particular was internationally taken up particularly.
She noted that it was a tribute to the profession and its leadership that it has been able to demonstrate unity in building institutions, procedures, and practices that attempt to withstand forces that seek to control the press and print media, in particular by focusing on the social responsibility of the media to regulate itself.
Goonesekere expressed that in a country which has witnessed erosion of confidence in many key institutions, the commission continued to fulfil its purpose of conflict resolution and dispute settlement between the press, the state and the public.
Need for self regulation
Reflecting on the context in which the need for self regulation arises, she stated that the concept of self regulation is glued to the idea of social reasonability in media. “Yet in many countries, which call on a ‘vibrant press,’ the criticism of the press as we have heard is the misuse of power that they have.” However in developing countries in particular, the concept of development itself is often the ideology that is used to undermine and attack the concept of free flow of information.
“In that context, governments in particular argue that freedom of information and the press undermines the capacity of economic growth i.e. development,” Goonesekere said, “and that therefore, the social responsibility of the media is the right of the state to control the media and restrict it.”
The challenge here is to understand the dynamic that caused the ‘want’ for social responsibility, and restate the fundamental freedom and basis on this right of freedom of information, free speech and expression.
This is often forgotten as, in the process of asking for responsible press or the social responsibility of the press, there is also a manipulation of the idea to regulate and create an undemocratic environment.
Where ‘self regulation’ came from
She reminded the audience that self regulation, or the idea of it, came from the western historical tradition.
“It is the western historic tradition which confronted the abuse of power, abuse of state power, abuse of ideology and undermined the rights of individual and the right to think independently, hold different views and articulate and express.”
It was as late as the 17th century when the concept of dignity of the individual and their rights were crystallised in terms of a legal framework. Goonesekere added: “That was a result of great suffering and the struggle born of blood and death and restraint and the courage to stand against this strength.”
‘Freedom of speech is a public good’
In 1948 these ideologies fertilised the universal declaration of human rights. This set down the universal norm that all human beings are free and equal in dignity and rights, and recognised that the foundation of freedom, justice and peace in the world was indeed connected to the freedom of the press and freedom of speech and expression.
“But the freedom of speech is the highest aspiration of the common people. Article 19 incorporates this concept,” she noted. “It is also said that freedom of press was born of historical experience in the west; it involves the freedom of speech, expression, communication, legitimacy of criticism and the importance of forming and articulating opinions which are relevant in the public interest. It is crucial for democratic governance and concept of accountable good governance.”
Hence freedom of speech and expression is described in human rights language as a public good.
Universal experiences in the local context
This universality is often challenged in countries such as our own, often on the grounds that these are western values and that they do not resonate the problems and issues faced by Asian countries. “We must recognise that the universality and the relevance of these norms are incorporated in our own constitutions, our legal frameworks which despite the experience of colonialism, structures a governance based on that respect for human rights and democracy.”
Goonesekere added: “We have made these ideologies our own and recognised the universality and relevance. In so doing accepted that it resonates in the culture and historic traditions, of South Asia in particular which valued dissent, discourse, difference of opinion.”
When these were put in to our countries it was on the basis that it resonates universal experience as well as local tradition.
State curtailing freedom of speech
These universal values address, and helps also bring up right to information and speech, particularly in a development context. Key issues such as economic developments, corruption, misuse/use of national resources are intrinsic to development and therefore freedom to talk, form opinion and information is crucial to development.
It is also important to recognise that governments in many of these countries are different, and believes that the focus on people means that individual rights must be contained – that freedom of speech and press may have to be curtailed because it runs in conflict with the best interest of the community.
“We must understand we cannot separate community from the individual – the dignity and rights of the individual are core to the rights of developing community. This is amply demonstrated in political movements be that the LTTE or Al Qaeda which argues for community and violates totally the dignity and right of the individual.” The relevance of this ideology of free speech is both a protection of the individual and the community.
State must control within a mandate
Human rights standards do not postulate unrestricted freedom of the press. There is specific area in which the state is entitled to control – for public welfare, public morals, public health, to respect the rights of individuals. And there is a basic of restriction which is ingrained in the concept of rights, protected through these universal values.
These ideas and restrictions have also been incorporated in our constitution. “Some are less narrow than we like it to be, but they are there,” she reflected.
The basis of those restrictions is the recognition of social reasonability of the press. “The concept of regulation and self regulation which is dependent on the social responsibility of the press is also ingrained in the idea that the state can control. But the problem is state goes beyond its state of control.”
And when it goes beyond its mandated control, it does so, on certain arguments.
It will argue that there are forces controlling the press, corporate cards, political ideologies, Goonesekere remarked. “This is the justification of limiting the press and freedom of speech and expression. In that context it is important to remember that we must evaluate whether the state has overstepped its mandate. And in critiquing that, understand that the social responsibility concept cannot be mandated but there will be a response to criticism by the profession itself by self regulation.” This would ensure the media have ethical values as well as institutions and systems which can help meet criticism.
“This is what the whole concept of self regulation about,” she explained. “The press response to the erosion of the freedom of the press by saying don’t criticise us because we know we can regulate ourselves.”
Self regulation in Sri Lanka
This is how self regulation came about in Sri Lanka when in 1988 mainstream print media came under siege with several editors and publishers of national newspapers being indicted on criminal defamation charges. It was a period when the Justice Ministry and the Attorney General’s Department worked in tandem to implement the Government’s agenda of media suppression through the legal process. Several cases of judiciary actions against media personnel and other institutions were also recorded at the same time.
The 1988 Colombo Declaration of media freedom and social responsibility is a story of the media professionals who challenged that agenda. Events of 1988 brought about and forged the hitherto unseen media unity in the country.
“Unity that gave rise to the Colombo Declaration in the resolutions adopted at that conference initiated several media reforms,” PCCSL and SLPI Chairman Kumar Nadesan said. “Political aspects mainly been recorded include the unanimous appeal from Parliament of the law of criminal defamation as well as the establishment of Sri Lanka Press Institute (SLPI). With that came the Press Complaints Commission of Sri Lanka, a self regulatory mechanism for the print media and Sri Lanka Collage of Journalism, training institute for working journalists and future recruits to the profession.”
The media’s responsibility
It is often stressed that the media is a platform for citizens to demand accountability in its role as watchdog of authorities and other powerful stakeholders. “The thrust of self regulation is at the centre of this. It is the media’s responsibility towards the public and enhancing the quality of media through voluntary mechanism that we as professionals call it. To make sure those who report, report quickly and accurately.”
There are two factors that can complicate which is otherwise a simple question of good journalism – corruption in the media, proper application of journalistic principals, Nadesan added. Corruption in the media inevitably compromises democratic value – human dignity, equality and freedom. “Corruption in the media is not limited to exchange of money alone but can be in the form of entertainment, sensationalism and inaccurate/one sided reporting resulting in the abuse of journalistic power.” The editor’s Code of Professional Practice is intended to protect the public against such abuse which may reflect on the quality of journalism demanded by the public.
Strengthening democracy
Media can also play a significant role by helping the different population to communicate with each other in order to strengthen democracy and promote a culture of human rights enabling all citizens to participate fully in economic growth and development. Ultimately, a free and diverse media applying professional principles supports, promotes and strengthens democracy, nation building, social coercion and good governance.
“In order to take into consideration challenges faced since the end of our own conflict especially in the case of invasion of privacy, inaccurate reporting of feature articles that may promote that promotes ethnic disharmony; the swiftness of delivering and the multi-complexity of the platforms will certainly challenge editorial supervision in the media.”
Nadesan continued: “At the core of our mission is our firm belief that only a free, independent and responsible media with access to information can play a critical role in promoting good governance, facilitating citizen participation and strengthening the Government’s transparency and authority. It follows media has an obligation to truth, accuracy and balance.”
Technology and the changes in media
Moreover has enhanced speed of news. The question now is – have we been able to continue maintaining our old fashioned values in the midst of this revolution. It appears not.
“In this internet world when we are flooded with news; credibility is being challenged as never before.
There is a need to encourage a deeper discussion to promote ethical journalism in all media including social and other online media.” Ethical reporting must prevail. It is a platform that promotes free exchange of ideas and opinions, necessary in a democracy. Also, its editorial position can shape events. It is due to these events media must act responsibly and hence an effective form of self regulation is so essential before government control enforces them, he commented.
Lessons learnt since establishment of PCCSL in 2003
UNESCO Program Specialist Communications Iskra Panevska said: “We have learnt new lessons in interdependency and I believe it is being reconfirmed that when we face problems or disagreements our impulses must be to seek solutions through dialogue, which is important as we depend on others even those we do not like, or we don’t trust or understand.”
Although the golden age of freedom of expression has been reached by the practical means of economy, individual rights and developing legal constraints, the freedom of media is one of the most important dimensions of democracy.
At a time when Sri Lanka is attempting to renew links that were lost from long years of war, the media plays a larger role in facilitating dialogue of understanding and reconciliation. However, due to the various constraints placed on media from outside sources or from inside, the public loses out on a form of discourse that could bring about real amity between communities as well as government and citizen, Panevska explained.
“In an interconnected world freedom of press is not an isolated manner.”
Several media unions including publishers, editors, journalists, media activists and workers have jointly and individually called on the Government to introduce media reforms in accordance with the Colombo Declaration on Media Freedom and Social Responsibilities of 1998, later revised in 2008.
“We all hope the Government will adhere to these longstanding requests from the Sri Lankan media. It is the duty of each government to keep the citizens informed to respect media professionals who have a duty cast upon them to safeguard the lives of working journalists and permit them to engage in their legitimate profession. “
The challenges
Encouraging an open and effective press will improve the environment for long term social, political and economic stability and development. However regulation has become one of the most common tools used to restrict media freedom long the road. “Striking the balance between the public’s right to freedom of expression and states obligation to protect their citizens from violence continues to be a serious challenge amidst the explosive growth of terrestrial, satellite and digital media. Balance between freedom of expression and opinion and ethical reporting is the constant debate. “
Media itself, if it is to retain its credibility and its quite expensive law suites need to promote and enforce ethics and high journalistic standards. It is the media’s responsibility to show that self regulation is effective, that quality control is a key principle of any media organisation and that the upkeep of journalistic standards and ethics is a philosophy of an organisation and that those standards are rigorously promoted, she stressed.
“Self regulation aims to strengthen journalist’s ethical conduct and professionalism in order to ensure public benefits of information are unbiased, accurate and reliable. Despite the transformation that the media environment has gone through our digital times, many of them ethical dilemmas; the journalists space when performing their jobs continue to be the same however, it is also evident that self regularisation needs to include internet and technological developments which have taken traditional journalism by storm.”
Interconnected worlds and its challenges
UK Code Committee Secretary Ian Beales drawing examples from the famous phone hacking incident in the UK commented that in an increasingly global age what happened to the press in one part of the world could have impact anywhere and everywhere.
The reaction to the UK’s scandal was seen in Australia and New Zealand where politicians selected the opportunity to bring the press within their sights. Even in mature democracies with long traditions of a free press there is worrying evidence to embrace the concept of state interventions. Other international cases also demonstrate that freedom of expression is not an unquestioned moral crusade.
“The common theme running on much of these is self interest – political, commercial, ideological, philosophical and cultural which is a key to why independent regulation of the press is so important and difficult to achieve.
“The UK parliament adopted and discussed the idea of statutory underpinning of a self regulatory press system. The risk is that other governments of the world will pick up on it and use it to justify their own tamasha-based regulatory schemes. That is my fear.
“When we discuss press self regulation and ethical reporting we must be mindful of that concept. Such systems should be form and strong but never oppressing. They should not promise what they cannot deliver,” Beales said.
Be genuine!
He noted that he once advised a press council against the insistence that ‘all sides of the story should be given.’ It was applauded by governments but quite impossible to deliver. Which stage do we know all sides of the story? What happens when someone is unavailable to give his side of the story? It gives opportunity for those who wish the story not be published at all the space to be conveniently unavailable.
“In my view, journalistic self regulation and ethics must set sensible, simple, deliverable standards that can be reasonable, required and imposed. Individual editors and publishers are always free to set higher standards should they wish,” Beales added. “The system should be genuinely self regulatory in which the independence from the state and from other vested interests ars guaranteed. Sanctions should be proportionate, not exaggerated. Each fundamental principal allow freedom for cultural variations.”
The Press Commission must have proactive powers to investigate systematic breeches of the code or failure to comply. That way potential bad practice might be nipped in the bud.
“However there is no one set formula. The key requirement is that the self regulatory system will have credibility in the community. It must be seen to work. It must be sufficiently robust in its processors to withstand occasional crisis. And there will always be crisis,” Beales said.
Similar ideas were also expressed by Justice C.G. Weeramantry of Weeramantry of the International Centre for Peace Education and Research, in a pre-recorded statement aired during the inauguration.
Pix by Upul Abayasekera
