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Suspended website to operate under conditions

In a fundamental rights petition filed in the Supreme Court against the blocking of websites by the Telecommunication Regulatory Commission, the Supreme Court granted the srilankamirror website to operate under stipulated guidelines.

Petitioner Kelum Shivantha Rodrigo cited the Telecommunication Regulatory Commission (TRC) Director General Anusha Palpita, Information Director General Prof, Ariyarathna Athugala, Mass Media Ministry Secretary W,B. Ganegala, Sri Lanka Telecom, five others and the Attorney General as respondents.

In his submission Saliya Peiris, attorney for the petitioner informed Court that the srilankamirror website had been in operation for several years in English and Sinhalese and at the latter stages in the Tamil language. He said that at no time had the website violated the rules and regulations of the (TRC) nor had it carried any detrimental news against the country or its people.

The closure of the website would cause loss of employment to several persons and a colossal loss of money to the Company. The petitioner stated that the suppression of freedom of thought, conscience and religion violates his fundamental rights under the Constitution.

The Bench comprising of Justices P.A. Ratnayaka, Ms.. Chandra Ekanayake and Priyasath Dep in their order stated as per the directions by the Supreme Court to the TRC, to conduct an inquiry into the ownership of wwwsrilankamirror to ascertain the possibility of lifting the temporary suspension, and upon an inquiry being held, it is agreed that the access control imposed on the website will be lifted on the following conditions.

n The website is registered as a news casting website with the Media Ministry and the TRC.
n The applicant will establish the ownership of the website with sufficient proof of domain name and ownership, webhost and server details and their location.

n An undertaking that the website will carry out the news casting according to the existing ethics followed and maintained by electronic media and other media institutions. n (i) It will not provide links to other sites that are: (i) blocked and suspended by the TRC or the Media Ministry (ii) blocked by an order of Court, (iii) illegal pornographic websites (iv) news casting websites which are not registered with the Media Ministry and primarily directed at both locals and Sri Lankans living abroad.

The Court was informed the website has now delinked the four websites presently blocked by the TRC.
n The petitioner categorically states that in any event up to now the website has not provided any links to illegal pornographic or obscene websites or those blocked by an order of Court.

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