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Media task force: Big sister is watching
By Dayan Jayatilleka
President Chandrika Kumaratunga in her wisdom and her capacity as Minister of Mass Communication has appointed a Presidential Task Force on media to formulate "a national free media policy". Why? And what pray is a "national free media policy"? Can we know in which country that exists?

More pertinently why should a Presidential Task Force be appointed for the purpose? Where in the democratic world has such a task force been appointed by the state, and headed by a partisan politician (however well-qualified), to achieve such a purpose?

According to a statement by the Presidential Secretariat, "the Presidential Task Force…have (sic) been required to examine the current media practice and recommend procedures and guidelines to ensure autonomy in program selection through maintaining a free media open to all social groups within the scope of basic ethical and legal norms". In the first place, one hopes that the author of this document is never required to write an editorial in an English language newspaper, so convoluted is its prose throughout (and "the proper use of language" is one of the stated aims of the task force!).

But let us endeavour to decode the document. "Examine the current media practice." Why? The President has authority over the state media, and if she wants to examine current media practice, then it is of the state media alone that she has the right to do so. Even if we agree for the sake of argument that this requires a presidential task force, its writ must be strictly inscribed in its terms of reference as being limited to the state media.

"Recommend procedures and guidelines to ensure autonomy in program selection?" What business is it of the state, and of a task force headed by a politician, however knowledgeable about the media, to recommend procedures and guidelines to the non-state media, especially when non-conformity will be punished by sanctions, as disclosed at the conclusion of the official statement?

What on earth is "autonomy in program selection"? How can this be "ensured"?
"Maintaining a free media open to all social groups within the scope of basic ethical and legal norms." Who decides what those norms are? If we are talking of "legal norms" then the laws of the land and the courts system suffice. No presidential task force has a role to play. But what of "basic ethical norms"? Who judges those? These good folks on the Presidential Task Force? By what right? One man or woman's basic ethical norms are another person's idea of grossly unethical conduct.

The terms of reference of the task force are quite curious to say the least. They are to "examine the current media practices and to recommend procedures and guidelines to ensure", among other things, "the quality and diversity of programs in retaining and developing the religious, cultural and social ethos of the country". What is that religious, cultural and social ethos? Who is to define it? Should it be retained and developed in toto? Who decides on what aspects should remain and which should not? Who is the one to "ensure" the quality and diversity of programmes in retaining and developing this ethos?

More, evidently, has to be ensured, such as that " the public and social obligations are an integral responsibility in the media". Who defines the public and social obligations? No President is given a mandate to do that by the Constitution or by the electorate. If at all, she must ensure that her party carries out those "public and social obligations", especially when in government. No elected or appointed individual has the right to define public and social responsibilities and then "draw guidelines to ensure" that these are carried out by the non-State mass media in this country.

Another task of the task force is "the preservation of the norms and cultural values of the Sri Lankan society so as to establish the national identity as well as the social, ethical and religious values of the people". Again, who defines these norms and cultural values? Who decides which of these should be "preserved" and when, and which should be subject to change, and if so change of which sort? What is the national identity? That surely is the complex issue that has gone unresolved for decades. These are social phenomena that are subject to historical change and evolution; not matters to be deliberated upon by state appointed regulatory panels.
According to the terms of reference, among the items to be ensured are "the legality, decency and truthfulness in the content of the programs".

This is most pernicious, because legality is a matter for the courts, decency a matter for society, the individual and again the legal system, and truthfulness a matter that is left to the courts in serious things, and to the individual in daily life. For instance, if the audiences feel there is a gross and persistent lack of "legality, truthfulness and decency" in any media product, they will simply switch the paper they buy, change the TV channel or turn the dial of their radio. Where, oh where, do the Presidential Task Force and its guidelines come in?

The document refers to "guidelines in the selection of local and international programs". That is some thing the President can do in her own backyard, the state media, but outside of her Fourth Estate it is a matter for each media institution and the sovereign choice of the citizen-consumer, i.e. the audience. "The autonomy in program selection through maintaining a free media open to all religious organizations, political parties, social groups etc., within the scope of basic religious, ethical and legal norms". What is "autonomy in program selection"? How does one judge whether or not the free media is "open to all religious organizations, political parties, social groups etc"? Which social groups are these? And what comes under " etc"?

Then there's the curious qualifier " within the scope of religious, ethical and legal norms". How do you judge whether the free media has not only been open to religious organization A and social group X, but whether that openness has indeed been "within the scope of basic religious or ethical norms"?

Now here comes the kicker: "To ensure the statutory safeguards by enforcement of sanctions or corrective action as needed, if and when the Code of Conduct is violated". This I believe violates the basic rights inscribed in our Constitution. Kindly show me a single democratic society with an equivalent. Coming from the leadership of the party that "nationalized" (actually " State-ized") Lake House and sealed the Sun Group, this seems suspiciously like the thin end of the wedge of a regulated and regimented media and a straitjacketed society.

It is incumbent upon all in the profession, media practitioners and publisher/proprietors, and civil and human rights groups, to challenge this legally and wage a campaign internationally as well, for the abandonment of this markedly Orwellian enterprise.


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