CONTROVERSY WITH REGARD TO THE STATE MEDIA AND THE APPOINTMENT OF A COMPETENT AUTHORITY
14th January 2010, Colombo, Sri Lanka: It is now abundantly clear that a situation has arisen in which the State-controlled media is acting with complete disregard for the principles of balance and impartiality inherent to any notion of responsible and professional journalism (which apply with even greater force in the case of media institutions that are publicly-owned and tax-payer funded), and in a manner that violates the guidelines issued by the Elections Commissioner under the power vested in him by Article 104B (5) (a) of the Constitution. In terms of Article 104B (5) (b), therefore, the Chairmen, specifically of the Sri Lanka Rupavahini Corporation and the Sri Lanka Broadcasting Corporation, are in breach of a legal duty imposed by the Constitution itself. In this context, CMEV was pleased to learn that the Elections Commissioner had first identified, then appointed, Mr. Jayampathy Hettiarachchi (formerly of the Sri Lanka Administrative Service) as the Competent Authority in terms of Article 104B (5) (c) of the Constitution and the Competent Authority (Powers and Functions) Act No. 3 of 2002. CMEV also noted that certain political programmes had in fact been suspended due to their violation of the Elections Commissioner’s guidelines. However, it has been reported that at a meeting on Tuesday, 12th January, with representatives of political parties, candidates and monitors (including representatives of CMEV), the Elections Commissioner had expressed his consternation, among other things, at the lack of co-operation extended by the relevant State media institutions to the Competent Authority, and went so far to suggest that he was considering withdrawing the appointment of Mr. Jayampathy Hettiarachchi as the Competent Authority.
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