Three petitions have been filed in the Supreme Court challenging the Sri Lanka Telecommunications (Amendment) Bill.
The petitioners are MTV Channel (Private) Limited, Lanka Broadcasters Guild (Guarantee) Limited and Media Law Forum (Guarantee) Limited.
The petitioners argue that the draft bill violates their constitutional rights. They note that the structure of the bill appears to be an effort to curtail the expression of opinions that diverge from the government’s stance.
They point out that if the proposed bill becomes law it would give the Telecommunications Regulatory Commission (TRC) enormous powers that could potentially restrict the ability to freely express opinions or engage in private conversations without government scrutiny. The petitioners add that granting the Commission authority to vary or withdraw assigned radio frequencies without clear criteria or procedural safeguards undermines the principles of natural justice, potentially leading to arbitrary decisions lacking transparency and fairness. This absence of procedural fairness not only jeopardizes stakeholders’ rights and interests but also erodes public trust in the regulatory process, risking instability and uncertainty in the telecommunications sector.
It has also been noted that the bill grants the Commission authority to revoke, vary or withdraw any radio frequency after providing written notice to the person. However, the absence of a defined reasonable period for such actions raises apprehensions about the stability of the industry, they note. The petitions also claim that no inquiry or hearing will be given to an operator before a decision is taken to vary or withdraw any radio frequency and this amounts to a blatant violation of the basic, entrenched safeguards of natural justice, due process and fairness.
They have further pointed out that the TRC’s lack of independence due to political appointments jeopardizes its impartiality. Decisions regarding the management of radio frequencies and the formulation of codes and guidelines may be influenced by political considerations rather than technical or public interest factors.
The petitioners are requesting the Supreme Court to determine that provisions of the bill are inconsistent with the Constitution and must therefore be passed by a two-thirds majority in Parliament and by the people at a referendum.
Attorneys-at-Law S.W. Amila Kumara, Niluka Dissanayake and M.A. Madara N. Perera represent MTV Channel (Private) Limited, Lanka Broadcasters Guild (Guarantee) Limited and Media Law Forum (Guarantee) Limited respectively
Source: Sunday Times
