The Free Media Movement (FMM) has demanded government accountability on many freedom of expression issues referred to in a statement issued by the Human Rights Commission in a statement issued last week.

The statement under the hands of FMM Convener Lasantha De Silva and Secretary Dileesha Abeysundera says FMM has paid close attention to the statement issued by the Human Rights Commission (HRC) under reference number HRC/S/i/E/03/02/26. It has also informed that global stakeholders, including the International Federation of Journalists—of which it is a member—that are already closely monitoring this matter.

In its statement, HRC has elaborated at length on the issues that have arisen in Sri Lanka concerning freedom of expression and online safety. It specifically points out that the actions of the Sri Lanka Police have been a major contributing factor to these concerns. The Commission notes that recent conduct of the police has indirectly interfered even with the professional activities of journalists.

HRC has also drawn attention to the practice of summoning journalists and other activists before the police without providing clear reasons, in violation of circulars issued by the IGP. In certain instances, the police have stated that journalists were summoned due to alleged defamation arising from media activities.

However, freedom of expression guaranteed by the Constitution is restricted only within constitutionally prescribed limits. Accordingly, defamation that is no longer a criminal offence cannot be acted upon by the police. Such matters constitute civil offences that must be resolved before courts of law. The Commission further observes that attempts by politicians and others to lodge complaints with the Criminal Investigation Department regarding defamation are efforts to portray defamation as a criminal offence.

The HRC statement also addresses the Online Safety Act. While emphasizing the need to be mindful of online safety, the Commission points out that the current law does not address genuine needs. Therefore, as already demanded by many stakeholders, the government has the option to repeal this Act.

In addition, HRC has outlined a three-pronged approach that should be adopted to safeguard freedom of expression, as guaranteed by the Constitution and in line with Sri Lanka’s commitments under the Universal Declaration of Human Rights of the United Nations.

FMM said it is of the view that the Government of Sri Lanka must give serious consideration to this statement and to the recommendations emphasized therein. “This is a moment in which the accountability of the Sri Lankan government is being questioned. Accordingly, the Free Media Movement urges the government to take immediate steps to implement the recommendations set out in this statement,” it said.