Transparency International Sri Lanka (TISL) is deeply concerned over the recent attempts by State authorities to arbitrarily block identified websites and the proposed compulsory registration of websites that publish content on Sri Lanka.
On November 5, 2011, the Director General of the Department of Information required all websites carrying any content relating to Sri Lanka or the people of Sri Lanka to be registered. On the same day, the Telecom Regulatory Commission (TRC) took steps to block certain websites, namely, www.lankanewsweb.com, www.srilankaguardian.org and www.lankawaynews.com.
The touted reason for this move was that ‘ contents of certain reports found on the websites are injurious for the image of the country, Head of State, Ministers, senior public officials, VVIPs who have been targeted in this deliberate character assassination campaign’.
These developments come at a time when public expectations are high of a post- war Sri Lanka which will enable the citizens to enjoy hitherto restricted civil liberties including the free flow of information which will in turn, aid a culture of pluralism, justice and democracy.
It is also important to note that online expression has and continues to play a critical role in information dissemination and creates the vital democratic space for dissent and debate, especially where there is strangulation of mainstream media. In Sri Lanka too, this critical role has been played by social media which has created space for public expression on sensitive and contentious political issues and has helped communities to be better informed.
TISL notes with concern than various countries have responded in similar fashion where a deficit in democracy has become apparent, preventing free expression and public scrutiny. Around the world, over 100 bloggers have been imprisoned due to their online expression with websites being arbitrarily blocked or content filtered, demonstrating a growing trend of arbitrary action to curb and control online expression.
Freedom of expression being a cornerstone of democracy, TISL calls upon the government of Sri Lanka to foster and not restrict the free flow of information both online and offline. TISL reiterates the need to protect the constitutionally guaranteed fundamental rights including Article 14 (1) (a) which guarantees Freedom of Expression and remind the State of its international obligations under various international instruments including the International Covenant on Civil and Political Rights (ICCPR).
In addition, TISL wishes to reiterates the need to meet broader standards referred to by Frank La Rue, the UN Special Rapporteur for the Freedom of Expression in his May 2011 report to the UNHRC. Clear reference has been made in the report to the Johannesburg Principles on National Security, Freedom of Expression and Access to Information that specify the parameters within which restrictions should be imposed, if any, and that such should be clearly established in law prior to the act of blocking or filtering.
It is TISL’s position that blocking of websites should take place in accordance with due legal process and therefore, blocking and filtering of websites should not take place sans a court order or without due judicial review. It will be appropriate for the government to publish the list of sites that are blocked or to be blocked specifying the reasons for such decision.
The arbitrary blocking of the websites, and therefore the free flow of information, deprives the Sri Lankan citizens of their right to access information and shrinks their space to freely express.
TISL is convinced that it is incumbent upon the authorities to specifically explain the legal framework within which registration should take place, as well as the process of registration with due justification for requiring them to do so.
Critical discourse and exposure of wrong doings are key requirements in a democratic society that ensures accountability and the right to know. Stifling these twin requirements will in the long term be detrimental. The diagnostic value of these practices must be recognized. Just governance and fairness to the public is denied by this arbitrary action which must be stopped immediately. Responsible reporting and hosting of websites is undeniable and can be ensured by following due processes.