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Sri Lanka Cricket appeals against RTIC directive to release report on sexual harassment of female cricket players
Sri Lanka Cricket (SLC) has appealed to the Court of Appeal against a July 2024 ruling of the Right to Information Commission (RTIC) declaring SLC to come within the definition of a ‘Public Authority’ under the Right to Information (RTI) Act from which citizens could request information and directing the release of the Manoli Jinadasa report on sexual harassment/misconduct of members of the SL Women’s team by SLC officials.
The release of the investigation report was ordered in ‘the public interest’ in that the information related to the ‘integrity and due performance of cricket officials impacting on the physical and mental health of players’ but subject to redaction/deletion of names of the complainants/victims of sexual harassment to preserve their privacy under Section 5(1)(a). This was after the RTIC exercised its inspection powers under Section 15(d) to call for and confidentially examine the inquiry report.
The information request, filed by Naushad Amit, a journalist with the Sunday Times, was first rejected by SLC claiming that this would mean releasing ‘personal information’ but also stating that, the requestor could appeal to the Designated Officer (DO) of the Ministry of Sports. In rejecting the appeal, the DO had not taken the stand that SLC is not a Public Authority in terms of the RTI Act.
Amit then appealed to the RTIC stating that the report was of public interest in that it revealed the manner in which female cricket players were being harassed by cricket officials who were being safeguarded by SLC. He requested the Commission to release the report after redacting any information affecting the female players but to expose corrupt practices of sexual harassment.
At the appeal hearing, the SLC argued that the RTI Act has no application to the SLC. It is a private entity/voluntary association of members, not a corporate body in which the Government has controlling power. SLC stated that the only connection with the Government is that it is required to be registered with the Ministry of Sports in terms of the National Associations of Sports Regulations No. 01.
Rejecting the argument, the RTIC held that SLC comes within the meaning of ‘established’ by or under any ‘written law’ in terms of Section 43 (b) as the registration of SLC in law enables its essential functioning as the national federated body in Sri Lanka relating to the regulation of Cricket, representing the country internationally.
Assessing excerpts of the reports of the Committee on Public Enterprises (COPE), the RTIC observed that SLC was ‘ultimately accountable’ to Parliament, the Secretary to the Ministry of Sports is the chief accounting officer of SLC, and SLC has been audited by the Auditor General in terms of constitutional provisions. It was also recognised that the International Cricket Council (the parent body of SLC) ‘substantially’ provided/provides funds to SLC which brings SLC within the meaning of subsection 43(i). It furthermore, renders an undeniable service to the public.
The RTIC meanwhile dismissed the opinion of (then) Minister of Sports in 2018 that SLC does not fall under the RTI Act because it is not a ‘Government entity. It was noted that the (then) minister had failed to take into account the fact that the several sub sections of Section 43 of the RTI Act defining Public Authorities, extends beyond the scope of ‘Government entities.’ As such, the minister had failed to address the core meaning of the said section. In contrast, it was pointed out that the (Acting DG) of the Department of Sports Development had, in fact, requested SLC in 2018 to subject itself to the terms of Section 43 of the RTI Act. Under Section 34 of the RTI Act, a Public Authority or a citizen dissatisfied with a ruling of the RTIC has the right to appeal to the Court of Appeal (CA). Previously (2019) the RTIC had recorded the fact that the Ministry of Sports had conceded that the SLC was covered by the RTI Act in response to an RTI request filed by a citizen asking for information regarding various cricket tournaments.
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