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Media ‘regulation’ is people’s business not Government’s

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Except in Opposition political party leaderships, there is not much interest in the ‘Broadcasting Regulatory Commission Act’ the Government plans to present for parliamentary approval. Most vociferous media activists and media organisations are not very conspicuous in protests against this piece of law that reads terribly nasty on democratic life of people and society. In summary, the Act would provide the “commission” the power to act against any broadcaster through its “investigation committee” on its own initiative or on a complaint that claims violation of the act itself, violation of the code of ethics prepared under this Act, violation of conditions laid in the license and in anything that threatens “national security, national economy and ethno-religious amity.”

To consent to these clauses, one should first know what the “code of ethics” contain, what conditions are laid in the license and most importantly definitions and demarcations of “national security.” There can be no justification also in keeping anything labelled as “national economy” outside the scrutiny of the people. Media therefore should have freedom to review, critique and report any protest against economic policy of the Government. Ethno-religious amity in present day Sri Lanka can be anything the law enforcement authorities would wish to understand as, and interpret as they interpret ICCPR provisions. Thus to have them with no clear and precise definitions in the Act would leave massive discretionary space with the authorities in applying the Act as they wish.

That noted with heavy resentment, more disturbing is how the Opposition in parliament avoids the question whether “broadcasting” should be regulated or not. Major concerns raised by Opposition ranks are about provisions of this Act, and not on “regulating broadcasting”. On what was berated in parliament by some Opposition MPs on this proposed regulatory commission, it is quite evident they know nothing about broadcasting and digital frequencies.

Digital frequencies
Quite different to “print media”, all broadcasting that includes telecasting, is solely dependent on “digital frequencies”. It is therefore important to know the difference between “printing paper” used in print media and “digital frequencies” used in broadcasting. In print media, everything from the whole establishment, editorial resources, printing and printing paper to distribution and sales is owned and managed by the investor(s) with the exclusive right to decide what type of a newspaper s/he would publish. The investor(s) also has the right to decide “editorial policy” of his or her newspaper.

Newspapers nevertheless have to be within accepted journalistic ethics and within the law of the land. For instance, when “criminal defamation law” was in force, newspapers had to abide by that law, while they had the freedom to campaign against it. They have the right to decide whatever political party they would wish to support or any social issue they would stand for. But they cannot for instance, contribute to ethno-religious hatred and divisions in their newspapers. That being the theoretical and legal position, what is practised in this Sinhala-Buddhist Sri Lanka is quite the opposite.

In theory, that freedom of a newspaper owner is not allowed for broadcasters. Fundamental reason being “printing paper” used as conveyor of news and information in print media is privately owned, while “digital frequencies” are publicly owned. They are neither owned by the “State” nor can they be sold. The State is only the “custodian” of frequencies on behalf of People. The Government as the political leadership that manages the State becomes decision makers in how frequencies could be used for public good and benefit. It is for that reason the Telecommunication Regulatory Commission (TRC) was legally established.

Yet, the TRC cannot sell licenses outright for use of “permitted frequencies” or issue on long-term lease. Nor can licenses be transferred, leased or sold to others by license holders. Licenses issued therefore have to be slapped with “terms and conditions” on use of the license and on conditions for broadcasting. As property of the people, everything about licenses including conditions, should be made public no sooner they are issued.

Once again this being Sri Lanka, nothing regarding issuing of frequencies and license holders are being published. Everything about issuing of frequencies are held secret by the TRC itself. Reality being, people nor the parliament is aware how many licenses have been issued for what frequency bundles, who holds them and on what conditions. Thus broadcasters have come to treat frequencies as owned by them and use them as they wish. This has led to a pathetic breakdown of rights and ethics within media itself, including the State owned.

As with every State owned entity, State owned media institutions are treated as political property of the government in power. Neither the minister in charge nor the personnel placed for management of State owned media know, frequencies in use are public property and they are bound to respect social impartiality and independence of broadcasting.

All private broadcasting owned by the filthy rich in this nauseatingly corrupt free market economy, are far worse than even the State. No private broadcaster allows his/her employees the fundamental right of forming a trade union and becoming a member of a trade union as guaranteed under Article 14.1(d) and ILO Conventions 87 and 98 ratified by the GoSL. Worst is the role of the Labour Department that behaves as if they are not aware of such violations of fundamental rights.

Slavish mentality
To make everything bad in media far worse, no media organisation, no media activist group demands the right to form trade unions and be members of a trade union of their choice. This timid acceptance of a grave suppression of rights, has turned media personnel into caged parakeets of colour. They are definitely not aware they are also bound by social responsibility in using frequencies owned by the people. Instead they believe their role is to serve the owner of the media company and may be achieve some popularity as a “screen face.” This slavish mentality especially in electronic media has denied professionalism in our media.

Media workers with no professional ethics sitting in front of cameras and microphones owned by private dealers cannot in any society contribute to social awareness and to decent entertainment with aesthetic and educational value. The result is quite evident. All “stations” compete with each other in broadcasting cheap and primitive programs; on astrology, feudal traditions and primitive values, bull fights like political brawls, fancy imitations of reality shows and the like with racist campaigns in between. Over decades of such broadcasting has left a selfish society with warped attitudes and devalued mentalities. In brief, media, especially the broadcasting media that is exceptionally penetrating is part responsible for the political and social rut this country is in.

That is ample reason for “regulating media”. Especially “content” regulation in Sri Lanka. Regulating does not mean “controlling, suppressing or throttling dissent.” It only means laying down specially demarcated areas the media, especially the broadcasting media should be cautious in handling “content” with responsibility. Lest they trespass forbidden ground as ethno-religious frictions, ignore or being negative towards marginalised and vulnerable social groups, social ethics and such.

In the UK and in France with far more advanced societies not only economically but culturally too, “regulating media” is in practice. In France, even commercial advertising comes under strict regulation with media owners required to publish their charges; “global price of advertising campaigns and the unitary price charged for each advertising space.” Copyright regulation is another with provisions for far more regional access allowed within the EU.

In the UK to quote Article XIX, “The print media is entirely self-regulating in the United Kingdom and operates free of any specific statutory rules. The profession has established the Press Complaints Commission on its own initiative, and this body has developed a code against which to measure journalistic standards. For the broadcast media, two broadcasting acts set out broad categories of material which should be covered by codes of conduct but leave detailed elaboration of these categories to regulatory bodies. These acts provide for the establishment of various independent regulatory bodies which undertake a variety of roles visà-vis broadcasters, including monitoring and applying the codes.” (Article XIX – Media Regulation in the United Kingdom)

Here lies the difference. Deciding parameters for media regulation is not the responsibility of the Government and the State. If the Government and the State is allowed to decide “regulation of media” as they wish, the important active presence of the media as social “Watchdog” over governance would be completely lost. Why “regulation” of media is necessary is to guarantee its independence in playing such a role.

Moreover, as frequency owners the public has the right to decide how frequencies should be used by those who obtain a license for broadcasting. Conditions and restrictions relevant for monitoring and regulating especially broadcast media has to be therefore agreed upon in a healthy social discourse. That should be the ownership all media activists and organisations must work for, instead of demanding amendments to what the Government has proposed in draft form. What it means in short is, the proposed Act for establishing a “Broadcasting Regulatory Commission” should be rejected in whole with media activists and organisations taking over the responsibility of drafting a new “media regulatory” statute through social dialogue including all social partners, accepting the fact digital frequencies are owned by the people, and therefore have to be “leased” in an open process.

– Kusal Perera
(ft.lk)

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Why elections for Presidency all political parties have promised to abolish?

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President Ranil Wickremesinghe is reported to have told the cabinet of ministers, priority has to be given to the IMF program to ensure economic stability and elections will have to be postponed till the IMF program is concluded. One newspaper report had it, the President had in fact informed the Election Commission too about postponing elections.

Postponing elections being a far cry, there is now a new debate mainly in Colombo circles, whether Basil’s request for a parliamentary election should precede the constitutionally scheduled Presidential election, or not. President Wickremesinghe is said to have told Basil then, it would be the Presidential election that would be held according to Constitutional provisions, but, if MPs need a parliamentary election sooner, they should have a resolution adopted in Parliament to that effect. This only needs a simple majority. With Mahinda Rajapaksa also endorsing the proposal for a parliamentary election first, Basil no doubt has the political clout to get the SLPP to move a motion in Parliament for a parliamentary election and have it passed. Yet they know, with no presidential candidate of their own, their future electoral politics will be a compromise with Wickremesinghe and they have to maintain space for a consensual path.

The main Opposition in Parliament, the SJB, has no intention in supporting Basil’s proposal for a parliamentary election before the presidential election, they have said. They are clear they want the Presidential election first. The JVP/NPP leadership is seriously in for a Presidential election. They are campaigning for the Presidential election with Anura Kumara as the candidate whom they believe has already won the election. All in all, Colombo seem to want a Presidential election for a “complete change” carrying the same rhetoric the “aragalaya” left as political chaos.

Sri Lanka does need a “change”
Fact remains, Sri Lanka does need a “change”. Not just a “complete change” but a huge change with a wholly new Constitution including the overhaul of the entire State apparatus and politics of governance right down to Local Government bodies. That change is not possible with an election for the Executive Presidency. That needs a new parliament, the legislative body for legislating the total change the people need. A change that begins with the abolition of the “Executive” Presidency, and transferring “executive power” back to Parliament.

Abolition of the “Executive” Presidency is a promise, a pledge given to people by all political parties at different elections during the past 30 years. It was the JVP that first demanded the abolition of the executive presidency at the October Presidential elections in 1994. After a bloody ruthless insurgency that was wiped out with equal brutality by State forces in late 1989, scattered remnants of the JVP regrouped and came to open politics at the 1994 August parliamentary elections contesting all districts except Jaffna, Vanni and Batticaloa in collaboration with Ariya Bulegoda’s Sri Lanka People’s Front (SLPF). They polled a mere 01.1 percent though the new leadership it was said, expected a total poll of 5% plus in few districts to be above the cut-off mark. JVP had only Nihal Galappaththi elected as their MP from Hambantota district, who was nominated as their presidential candidate at the 1994 October Presidential election.

After the parliamentary elections they realised, they would not poll even the 01.1% at a presidential election and thus made a compromise with the People’s Alliance (PA) presidential candidate Chandrika Kumaratunge (CBK) who was tipped to win the Presidential election. Negotiated through Minister Mangala Samaraweera, a very close personal ally of CBK, the JVP request of abolishing the Executive Presidency within six months from swearing in as president was conceded in writing and the JVP withdrew their candidate in support of CBK.  

Interestingly, then “The Hindu” correspondent in Colombo met former President Jayewardene, the architect of the Executive Presidency and asked him “Sir, you said this executive presidency is so powerful, it cannot only change the gender. PA candidate Chandrika has promised to abolish it. What have you to say on that?” After his usual haughty laugh, Jayewardene had told him “Meet me after it is abolished. I will then tell you”.

No political leader would abolish such power

Jayewardene was certain no political leader would abolish such power in presidency with legal immunity, they are eager to sit with. Since 1994 October, in almost all elections political leaders tried to outmanoeuvre each other by promising total abolition, immediate abolition and even using the election to have the mandate to abolish the executive presidency calling it the sole reason for all evils in the country including mega corruption. We thus had all political parties that usually gain representation in Parliament agreeing to abolish the dangerously authoritative presidency, but none serious about it once elected. The JVP backed presidential candidates from Mahinda Rajapaksa in November 2005 to Maithripala Sirisena in January 2015, guaranteed the presidency would be abolished as the first most important task when elected. It was in fact the JVP who were vociferous about abolishing the presidency in those election campaigns.

What is politically a clear fraud now with JVP is, driving a heavily funded campaign to have their JVP/NPP candidate Anura Kumara Dissanayake (AKD) elected to that same ruthlessly dictatorial executive presidency they condemned and wanted abolished over the past 30 years as the sole reason for mega corruption. They now remain stony silent on abolishing of the presidency. What is more disgracefully hollow is the political narrative they ride on, claiming they would “use the power the People would vest with them in electing AKD as president to create a society with dignity and equality to all”.

Sri Lanka is certainly at crossroads

Sri Lanka is certainly at crossroads and helplessly so. None in mainstream politics would lead this country on a right path to freedom, democracy and an inclusive society with socio-economic and cultural development. These political leaderships simply have no valid “development program” to back their criticism of the past and the present and their request for political power at the next “presidential” election. A larger crisis therefore is the timidity of the educated urban polity that has access to new information, new knowledge and new social discourses beyond geographical boundaries. They need to accept they have a social responsibility in intervening to create a realistic valid social dialogue and to pressure Governments to stay course. Almost a total lack of their independent intervention in social dialogue has allowed political parties with their own sectarian agendas, possibly with laundered black money to manipulate media, especially social media to dominate social thinking in urban circles. What this country immediately needs therefore is an alternative, realistic intervention in deciding how a new and an effective change could be achieved. First it is about creating a social lobby that would independently engage and address the people. Next is about establishing a Government that would be held responsible for the change needed. Thereafter it is about holding that Government responsible for the change and in implementing reforms necessary at every step of the way, without going into the usual selfish life and waking up yet again when elections are called for.

It is therefore not about electing a president once again to the post that had been condemned, had been socially accepted as dictatorial and therefore promised to be abolished, transferring executive power back to Parliament. It is not the president who could abolish the presidency. It is not the president who could legislate reforms necessary. It is not the president who could allocate public funds for social necessities. All that needs a government in parliament with an active social lobby to hold the elected government responsible to the people. Thus, we at crossroads need a new political phenomenon with people deciding on elections, the next Government and most importantly holding that Government responsible in delivery, with the more advantaged urban polity leading the way. Well, they have to accept their social responsibility is far heavier than what they would like to accept. 

– Kusal Perera

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2024 Boao Forum: Accelerating net-zero transition in Asia

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The Boao Forum for Asia Annual Conference is held in Qionghai, China's Hainan Province, March 26, 2024. /CFP

The Boao Forum for Asia (BFA) Annual Conference is being held in Boao, China’s southern province of Hainan from March 26 to 29. Its focus will be “Asia and the World: Common Challenges, Shared Responsibilities.” BFA Secretary General Li Baodong said this year’s BFA Annual Forum will focus on how the international community can work together to address challenges in the areas of four major topics: the global economy, social development, international cooperation and scientific and technological innovation.

National leaders, governmental officials, heads of international organizations, businesspeople, experts in various fields and the press will be invited from at least the 29 member countries of the BFA, which consists of most Asian countries.  

The first BFA meeting was held in Boao in February 2001. Now, it is a unique opportunity for Asian countries to review and discuss common problems and develop common action plans and policies.

On March 18, a launching ceremony was held in Boao for the “Boao Nearly Zero Carbon Demonstration Zone” by the Ministry of Housing and Urban-Rural Development and the Hainan provincial government. 

The project aims to showcase China’s green and low-carbon technologies and practices to the world in a demonstration zone focusing on “almost zero” emissions technologies, such as photovoltaics, wind energy collectors, energy storage systems, and an organic waste treatment project.

Located within this demonstration zone are the renovated BFA International Conference Center, a press center and a hotel all of which showcase low-carbon energy technologies. These renovations and demonstrations at the BFA conference facilities should establish the context for many of the sessions in this year’s BFA Forum. They should also set a shining example of the potential innovative technologies for a low-carbon world.

This year’s preliminary conference agenda for the four days of meetings includes numerous general discussions concerning the common issues and current trends facing the BFA member countries. In terms of the net-zero transformation of Asia’s energy systems towards zero-carbon power, there are also a number of sessions.  

According to the International Energy Agency’s forecast, Asia will consume half of the world’s electricity by 2025, and as early as 2021, Asia’s carbon emissions accounted for half of the global emissions. Thus, Asia plays a key role in the transition to a low-carbon world. These BFA sessions will examine these potential transformations in Asia to grow the economy while at the same time reducing carbon emissions.

The transformation of low-carbon technologies will be highlighted in a number of  technology innovation sessions, including “Accelerating Transition towards Zero-Carbon Power” on March 26, “Sustainability Disclosure, the New Normal” on March 27, “Green Development: Inspiring a Shared Future for Urban and Rural Communities” on March 28, and so on.

Clearly, the innovative energy transformation will be a significant part of the BFA final press conference, any resulting recommendations and actions, and any resulting reports. Accelerating the net-zero transformation of Asia’s power system is of great significance to the global response to climate change and the realization of green development worldwide.

BFA will help lead national governments, intergovernmental organizations as well as the private sector in Asia as they work together to promote the energy revolution and strengthen cooperation in all aspects of this very important transformation.  

  • – Robert B. Weisenmiller
  • (news.cgtn.com)
  • Robert B. Weisenmiller, a special commentator on current affairs for CGTN, is a research affiliate at the California-China Climate Institute, University of California, Berkeley, and a former chair of the California Energy Commission. The article reflects the author’s opinions and not necessarily the views of CGTN

(This story, originally published by CGTN has not been edited by SLM staff)

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Backlash builds against Sri Lanka’s $3 Billion clean energy push 

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Utility scale wind, solar and battery projects draw CEB’s ire as they march to take away their vested interests.

The government has ignited a green energy investment spree that’s expected to reach as high as $ 3 billion over the next 3 years. The road to bringing this money in the economy, though, is increasingly hitting speed bumps from the likes of the so called ‘mafia’ CEB officials. 

Country’s ambitious vision aims to make the nation’s electric grid greener with 70% of the electricity demand to be met through renewable energy by 2030. 

Companies have already announced plans for committing $25 billion investment up to 2030 in the renewable energy sector in the Country, according to the Board of Investment. 

With potential Private investments over the next 3-4 years through FDI could include $3 billion in utility scale wind, solar and battery storage projects – Sun Power leading with $1.5 billion, followed by Adani Green with $900 million, by Orbital energy with $200 million, by WindForce PLC with $150 million and balance by a consortium of private developers. However, the opposition to projects has mounted for myriad reasons. 

Increasingly, the few so called ‘mafia’ CEB officials, who have strangled the Country’s power sector by delaying the approval process, seems to be more concerned that the rapidly expanding utility scale size of wind, solar and battery projects will irreparably alter their powers and thus their vested interests in earning a share out of the pie. 

Despite this backlash, many projects will eventually get built, say developers and analysts, but they could take longer and cost more than expected. 

At the government level, there is ample support for speeding up the implementation of the projects, but its only CEB who is pushing back on their own self-motivated agenda, not know at large.

– Harendra Kuruppu

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