28th May 2000

Freedom of expression Vs parliamentary elections

There was a time when freedom of expression was confined to the royal palace and the church. At that time there was no great difference between a herd of cattle and the human society. It was with the French revolution that the right to inquiry was established as a fundamental right. However, the governments had the right to control the freedom of expression, under special circumstancs, even later. But the world in which we live today rejects the right of any government to control the freedom of expression. In some countries, freedom of expression cannot be controlled under any special circumstances.

In the United States the right of publishing even a document that can lead to extremely disastrous consequences cannot be denied. The only thing that can be done in such an instance, if the document published is illegal, is to take legal action against it.

The government, by the emergency regulation it has infused, has not only assumed the right to unlimited control of the right of expression but has also sealed two newspaper establishments to show that the law has teeth

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The Dudley Senanayake government sealed the 'Aththa' newspaper in January 1966. But a few days later, 'Aththa' newspaper or 'Mawbima' were printed in another press. Sometime afterwards the dispute that arose between the Sirima Bandaranaike government and the 'Dawasa' newspaper establishment culminated in the sealing of that establishment. Subsequently the J.R. Jayewardene government sealed the 'Aththa' newspaper establishment and also the 'Eelanaadu' newspaper establishment as a necessary condition for winning the Referendum of '82. Censored Censored Censored

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There is a little room in the modern world to control in a limited manner the freedom of expression in connection with issues relating to national security.

However, such controls have to be effected within a very limited framework by the judiciary not by an institution connected with the government. This is the accepted international principal in the matter.

Sri Lanka is a party to an international convention on this principle. However, the rules of censorship being enforced now are against all those accepted international principals.

The 'Udayan' newspaper was being published in Jaffna. At a time when all telecommunication facilities had been disrupted, there had been no possibility at all to send to the competent authority the news items that are subject to censorship.

The 'Udayan' newspaper had informed the military authorities too about it.

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He should use his discretion in a way that accords with the law and in an equitable manner. But the conduct of the competent authority has been different.

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A majority of the MPs, irrespective of the parties to which they belong, would like to have the life of Parliament lengthened without going in for a parliamentary election. The government appears to think that this can be achieved even without a referendum if it is possible to get the consent of two thirds of the members of Parliament.

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Inside the glass house

Editorial/ Opinion Contents