Her Excellency Chandrika Bandaranaike Kumaratunga
President, Democratic Socialist Republic of Sri Lanka
Presidential Secretariat
Colombo-1
Sri Lanka
VIA FAX: 011-94-1-333-703
Your Excellency:
The Committee to Protect Journalists (CPJ) deplores your administration's
decision to reimpose censorship restrictions on the media.
A July 1 amendment to the emergency regulations issued in early May
gives Your Excellency the power to appoint a Competent Authority charged
with enforcing the censorship provisions. This move undermines the spirit
of last week's ruling by the Supreme Court of Sri Lanka, in which a
three-member bench unanimously held that the decisions of the chief
censor were invalid and without legal force because he had been improperly
appointed as the Competent Authority.
"We have reimposed some restrictions again as we felt that in the interest
of the nation there should be some restrictions on news reporting,"
chief censor Ariya Rubasinghe told the Associated Press on July 4. That
same day, Rubasinghe met with editors and senior journalists from the
print and broadcast media to explain the provisions of the revised regulations.
According to CPJ's sources, he said that the prior censorship requirement
was no longer in place, but that journalists would still be held liable
if found guilty of violating the terms of the censorship.
Among the topics proscribed by the revised decree--labeled Gazette Extraordinary
No. 1,138/34--are the reporting of "any matter which pertains to any
operations carried out or proposed to be carried out by the Armed Forces
or the Police Force"; "any statement pertaining to the official conduct
or the performance of the Head or any member of any of the Armed Forces
or the Police Force, which affect the morale of the members of such
forces"; and "any material which would or might in the opinion of the
Competent Authority be prejudicial to the interests of national security
or the preservation of public order."
As a nonpartisan organization of journalists dedicated to the defense
of press freedom around the world, CPJ is dismayed that Your Excellency
has chosen to give new life to the censorship regulations, instead of
using the opportunity afforded by the Supreme Court ruling to disband
a system that senior administration officials have conceded is both
counterproductive and politically polarizing. When a CPJ delegation
visited Colombo in mid-June, we were assured that the administration
was moving away from its censorship policy, but these new regulations
belie that commitment.
CPJ objects to censorship in any form, but we find that a system that
forces journalists to censor and check themselves can be even more pernicious
than one in which the government directly censors material. Prior censorship
can at least be documented--and journalists in Sri Lanka have submitted
reams of evidence to the Supreme Court, and to CPJ, demonstrating the
often arbitrary and partisan decisions made by the censor to omit certain
articles and even cartoons that may have been critical of the administration,
but certainly did not jeopardize the country's national security situation.
The press in Sri Lanka had also kept the public informed of the censorship
restrictions by leaving blank pages and paragraphs where cuts were made.
Censorship in various forms has been in force in Sri Lanka for more
than two years, badly straining the fabric of Sri Lanka's democracy.
We respectfully urge Your Excellency to act immediately to lift all
restrictions on the media in Sri Lanka and to ensure that journalists
are provided access to the conflict areas. CPJ believes that Sri Lanka's
national security is more compromised by censorship than by a free flow
of information. Allowing independent reporting on the civil war is the
only effective antidote to the rumors and propaganda now circulating,
and will help foster the public's understanding of efforts to resolve
the current crisis.
We thank you for your attention to this urgent matter, and eagerly await
your response.
Sincerely,

Ann Cooper
Executive Director