| General (retd.) Sarath Fonseka filed a fundamental rights petition in the Supreme Court last week against the heads of the Sri Lanka Rupavahini Corporation (SLRC) for violation of a court directive to comply with guidelines issued by the Elections Commissioner during the Presidential election period.
The petitioner has cited the Sri Lanka Rupavahini Corporation, Chairman and Director General Ariyaratne Athugala, Directors Rohana Lakshman Piyadasa, H.M.Gunasekera, Saman Ediriweera, M.M. Choolanie, Edward Jayakody, Buddhadasa Vithanarachchi, Devapriya Abeysinghe, Director (News and Current Affairs) Nishantha Ubayawansa, Palitha Wijesinghe (General Programme) and C. Lewpothdeniya (News Editor) as respondents. Gen. Fonseka sought the Supreme Court to issue summons to the respondents on the grounds they have committed the offence of contempt of the Supreme Court under Article 105 (3) of the Constitution.
The Petitioner said the Commissioner of Elections issued guidelines in terms of Article 104 B (5) of the Constitution dated December 19, 2009 pertaining to all media organizations but State owned media institutions including the Rupavahini Corporation continues to violate and disregard the guidelines. He mentions that although the Elections Commissioner had appointed Jayampathi Hettiarachchi as the Competent Authority the Elections Commissioner further expressed his views that if the State media continues to act in such a manner ignoring the direction given by the Competent Authority, the existence of the Competent Authority would serve no purpose.
Gen. Fonseka states that the Corporation has telecast its news clearly outside the ethical norms of professional media, in a totally biased and partial manner in promoting President Mahinda Rajapaksa.
Citing a few instances of violation, summaries of the transcripts of the Sinhala news telecast at 8.00 p.m. over a period from January 17, 2010 to January 25, 2010 have been attached to the FR application.
He states that programmes such as Yakshaveshaya, Adagena Nema, Kimbul Kandulu, Prawurthi Pasubima, Viniwida, Ithihayasayen Pituwak, Aluth Sri Lankawak and the Sanwada political programme were used to tarnish his image.
Gen. Fonseka also states that SLRC repeatedly telecast two films with Sinhala subtitles about Adolph Hitler and General Idi Amin who were brutal military dictators well known in the entire world in order to poison the minds of the general public that if Gen. Fonseka wins the election he would behave like Adolph Hitler and or Idi Amin.
The petitioner states that even after Courts issued a directive to comply with the guidelines issues by the Elections Commissioner the respondents continued with media propaganda in support of one particular candidate, President Rajapaksa, and that a large number of unpaid advertisements were telecast promoting the candidature of the UPFA candidate under the heading of Tharunayata Hetak, Suba Anagathayak, the electoral symbol of the UPFA was telecast as fillers, the news line advertisement of UPFA (at the bottom of the TV screen) used for that purpose.
He stated that he was not given an opportunity to telecast any advertisement promoting his candidature in the SLRC and through their agents rejected and refused to telecast those advertisements.
He stated that several representatives of State media institutions including employees of the Rupavahini Corporation gathered and formed “State and Independence Media Organizations Alliance” with the hope of persuading the State and private media to comply with the courts directive and that four employees of the SLRC have lodged a complaint at the Cinnamon Gardens Police Station against the Chairman for using obscene language, expressing his clear discontent at the directive and his intention to violate the guidelines.
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