"One of the objects of the news paper is to understand the popular feeling and give expression to it. Another is to arouse among the people certain desirable sentiments, the third fearlessly to exposed popular defects"

Mahathama Gandhi
HUMAN RIGHTS AND MEDIA FREEDOM IN THE PRIVATE SECTOR

Human Rights can be defined as the basic right of any individual to the freedom of expression and movement and the right to live as one pleases, within the law of tha land. In certain situations, this freedom has been curtailed in many forms, due to various reasons. It could be due to dictatorships or elected governments overstepping their power. Human Rights violations arise in the spheres of justice, women, children, war situations, environmental degradation, media and others (refer fig.7 pg 13). When Human Rights are violated in the sphere of the media, it affects all aspects, since free expression is correctly described as the mother of all freedoms. If true freedom of expression exists, democracy is alive, and the right to live in freedom. Hence media freedom has to be protected and upheld in any democratic country.

Before we find out what media freedom really is, we can first consider what is the media?It is a main avenue that large numbers of people received information and entertainment. The television, radio, newspapers and the internet communicates this information. If there is no hindrance to the journalist who wishes to communicate this information to the public, this is the freedom of the media. "It is the media that gives meaning and substance to the fundamental right to freedom of expression as spelt out in Article 19 of the universal declaration of Human Rights that says, "Everyone has a right to freedom of opinion and expression; this right indicates freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers". Our own constitution also, like those of other constitutions of democratic countries in the world, provides for this right in Article 10 and Article 14 (l)(a) of the constitution. The international covenant on civil and political rights (ICCPR) too, articulate freedom of expression.

It requires certain fundamental right or freedoms in any country to be observed as a democracy. In a democracy there is free and equal treatment to everyone and there is a right for them to take part in making decisions. The people should be well informed and instructed in public affairs and public policies to make informed judgments. When the media is free and information is distributed without any hindrances, benefits are many to the public. The media is a pillar that holds a democracy in it's place. It has to nourish democratic values and plays a crucial role in

promoting it. Everyone has a right to information. Although a number of terms may be used, for example "Freedom of information", "Access to information" or the straightforward "Right to know". They all have the same meaning. In the course of its work, the government collects a lot of information about country, what activities it will undertake and how it will spend public money. It also collects information about individuals. This information is public resource and can benefit everyone, but sometimes it is difficult to acquire. Governments often prefer to keep the information they hold to themselves, although it should not be that way. The government has a duty to provide information unless giving it out would cause serious harm to the public, such as threatening national security or invading someone's personal privacy.
The information the government has, if received by the public, can help them gain better understanding of what the government is giving and make sure their fulfilling the promises they make at election time. You can use your right to information to hold public officials to account once they are in power for their policies, decisions and actions. If governments have to tell you on what they spend the public money on, you can see for yourself what services you could be benefiting, such as schooling, health care or road development. If you are unhappy with the services you received, you can tell the government exactly what you think should change and help change and implement new policies. Another benefit is it reduces the likelihood of internal conflict and supports reconciliation in post was' situations yet, another is, the exposure of bribery and corruption. In this situation too, if information is published, corrupt officials will be much less likely to engage in corruption and bribery in the first place. They would know their activities would be exposed and will not be taken lightly by the public. Investors are more likely to invest money in a country where accurate information is available and it will help the economy. Human Rights violations will also be in check as the perpetrators would be reluctant to indulge in such activities as they would be exposed. If it is, as nation, international opinion would shift, against that nation, which can even result in sanction again such a country and lending halted.
Human Rights violation can be in varying propositions. When the violations are against children as in the case of child abuse and women, murder in ordinary peaceful areas, and those cases of the above mentioned violations in war situations,

this calls for most stringent scrutinized reporting, (Fig, 5 Pg 11) so that the people responsible for such crimes would be exposed and given a just punishment after proper investigations are concluded. Hence, the media has a responsibility towards society. The media on its path has its responsibilities and has to carry out their duties within the limitations contained in the law. As for example, the law of civil defamation. It is not that the media has any uncontrolled freedom. But the freedom they have received should be exercised with responsibility.

The influence of the media on the people is immensely powerful. Such power must be used in the interests of truth and justice. The media has to be transparent. The language used should be analytical and balanced and not inflammatory as in the case of, example, conflict. The media can influence the public in a number of ways. For example, through persuasive advertising, to purchase a certain item or it can expose the activities of certain individuals within their capacity in government. Even court decisions on various issues can sway, depending on how the media covers these issues. It can educate people, through awareness programs on issues and subjects that need timely action and in case of diseore prevention. It could also have programs that have a negative effect on a certain segment of society. For example, children. Either way the media has an immense impact on the public in their day today life. The media can report problems and can search for viable solutions too. Media reports have to be factual and helpful to the public. For example, after the Tsunami disaster, people needed to find out more details of it, also they needed to know what could be done to help and how. Featuring useful information on organizations to be contacted or other ways that help could be given, may have been very useful and timely.

The future challenge of the media is to build a free and independent media culture that promotes vibrant and lively, balanced reporting ethics. Also, it is necessary to empower the community through educational information and opening opportunities to participate in community living. The media should be above politics, by beings, strictly adhering to the principals of professional journalism. The media has to honour the truth always. The code of ethics adopted by the Sri Lanka Press Institute binds all journalist and press institutions to ensure that the print media in Sri Lanka is free and responsible and sensitive to the needs and expectation of its readers, while maintaining the heights of international standard of journalism. Some of the

salient features are the publication are encourage to engaging investigative journalism in the public interest. In dealing with social issues of a particularly shocking or emotionally painful nature, such as violence, drug abuse, brutality, sadism, obscenity, the press should take special care to present facts, opinions, photographs and graphics with due sensitivity and discretion, subject to its duty to publish in the public interest. In reporting accounts of crime or criminal cases, publication shall not, unless it is both legally permitted and in the public interest, name victims of sex crimes knowingly name any young person accused of criminal offence who is below the age of 16 and who has know previous convictions. Identify without consent a relative of a person accused or convicted of a crime. The media should always show it could uplift and support the community.
A number of factors could affect the accurate and impartial reporting. (Fg.6 Pg.12) Some of the causes are, official government censorship, un-official government censorship, social stigma, cultural considerations, lack of diversity in the news room, lack of access to information, lack of journalistic training, self censorship, commercial consideration, pressure from editors, pressure from proprietors and management. Apart from these factors, journalists can also make mistakes when reporting on issues. Some of these are lack of balance, stereotypes, publishing identities of children, downplaying a crisis, sensationalisation, when covering on issues. They should verify from more than one source. They need to also check whether these sources are reliable and accurate. Hence, journalists too should be mindful of their responsibility. Journalist are the "eyes" and the "ears" of the community, they convey information to the public, express opinions, interpret data and monitor governance. The quality of news, received by the community depends on the journalist's professionalism, courage and the media environment they working. An independent media is a pre-requisite for democracy to thrive, conflicts to be resolve and for economic and social development. Sri Lanka has been polarized on issues of race, culture, language and religion. An reporting of news on different leanings of the media is not surprising in this context. However, it should not be so. When this happens, there are conflicting reports of the same issue and will not depict a balanced picture. A 2006 survey carried out by the International Federation of Journalists in Sri Lanka shows that 87% of Journalists believed that correct and
balanced reporting of events had not been possible overall. (Centre for Policy Alternatives - "Reporting to All")
In Sri Lanka, the state media and the private media are separate. The state media is controlled by the state and save themselvs to a great extent, form the harsh reality of being a Journalist in our country. The private media on the other hand, tries to give the public the better and a real picture of the state of affairs in the country. And they have to face a consequences for doing so. But it is a fact of life, that national leaders even in democratic countries have contrived to have near paranoia that they will be made to look foolish, or that what they hold dear will be downgraded publicly or that corrupt practices of their party members would be exposed by the media. According to Hexter and Lam, "Journalist frequently say that news sources and officials want only self serving publicity releases which paint them as saints or super brains" leaders must have the maturity to see that they make mistakes. All governments are impatient with media criticism. No ruler likes criticism of his actions or policies. But such criticism is a necessary check on the exercise of power by rulers and those who act on their instructions or work under their authority. Our rulers are elected not to be dictators but to work in the public interest. Where such checks and balances are violated, the judiciary should be able to provide a remedy. Not only are the Journalists asked to concentrate on the good, the positive the building but they are asked to ignore or downplay the bad, the negative and the failures. This is the flip side of positive, developmental Journalism. Government ministers have been making public statements suggesting that the law of criminal defamation which was abolished by the previous government should be re-introduced. This is an anti democratic expression by the politicians. Apart from placing control from a legal side, there are serious control placed on the path of Journalists who carry out their day to day duties. They have to face threats, sbductions, arson attacks or even death.
Sri Lanka has been rated the third most dangerous country in the world for journalists by the World Association of News Papers in It's latest report. With only Iraq and Somalia having a worse record. Freedom of expression is curtailed in varying degrees in different countries of the world. Recently in Kenya after the election and when the ruling party won it, the main opposition who alleged that the election was rigged stage protests and above 1000 people were killed, before the ruling party and the opposition signed an agreement to share power 50%-50%. Before the agreement

was signed, the main causality was the media. The ruling party cracked down on the media relentlessly. The Kenyan media is vibrant and lively and gives live broadcasts on location. The government issued an indefinite prohibition of live broadcasts as wide coverage was given to government moves to suppress the opposition during protests. They were accused of deliberate skewing of news. All the morning dailiesgot together and inserted a headline titled "save our Country" although the media repulsed it has been brought down to tow in line with the government. (CNN report on 14.01.2008) on International correspondence) and as Al-Jazeera TV reported 17-01-2008 five media persons were killed in 48 hours and 3 private TV stations were closed down by the Kenya Govt. They needed to gag the press.

In Egypt there is a committee to protect journalist. Bloggers face a more serious threat as of all the journalist imprisoned- 39% were Bloggers. A Blogger, puts on his web site giving an account of their activities and their opinions and discuss places on the internet they have visited. Bloggers are very influential as they have a huge impact on Egypt an society. Stories of torture and prosecution by the police was exposed by Bloggers and the officers concerned were brought to book (CNN - I International correspondents of 21/01/08)

In our own country, Intimidation is rampant although the media, the private media refuses to be intimidated. These intimidations are mostly directed towards the privete media as mostly the state media is really controlled by the state. The fact that media personal and institutions in this country are today subjected to much vilifications harassment and intimidation is incontrovertible. These factors were present in the past too. But in recent times there has been a marked increase in these incidents. The fact that 14 journalists and media workers had been killed in the past two years and several others have been harassed, intimidated and humiliated cannot be denied. The infamous issue of a minister attempting to therefore directly in the affairs of a media institution still remains unsolved. The usual criticism against the media is that, it is politically base either for or against the government.

Even if the media is not having the particular bias politically, it could be subject to undue pressures. There could be two kinds of pressures, those who would attempt to prevent negative portrayal of events affecting them adversely and those

who seek to use the media to promote their specific expectations. This is the charge against the government owned media, while the former is more likely to occur in the private media. Freedom of the media, is however not merely a question of freedom, from government controls but also freedom from other pressures such as from advertisers, commercial interest, proprietors. These pressures would also have a chilling effect on the functioning of the media. Suppression of the freedom of expression could take more subtle forms. Issues of media freedom often make news, and last weeks media related story was some what different. related to the take over of a private publications company by a party who is a confidant of a powerful minister. The government could also use direct or indirect censorships to curtail the freedom of the media. When I spoke to the news producer of "Swarnavahini" TV, he said "there is no direct censorships but indirect, yes, in the form of phone calls not to show certain visuals, clipping, etc related to certain incidents." And when asked whether national security affect the freedom of reporting, he said that indirect censorship is mostly in regard to national security. Journalists in the North and the East of Sri Lanka are targeted by both side of the divide. This has created a situation that news about these areas does not freely flow towards the South of the country. An international media monitoring team that towards jaffna same their findings were bleak but not surprising. "Pressures on the media has multiplied over the recent months with increasing fears for the safety of journalists, specially those operating in the north and east. In the Jaffna Peninsula, dozens of journalists have been forced to stop working for fear of their safety". It said. In the south, too, the situation is grave. Journalists and cameramen who visit locations to covers stories of incidents have to face assaults by the police and politicians depending on what they go to cover. For an example a "Derana" TV reporter and cameraman was obstructed by the police when they went to cover the bomb blast incident in February. The police hit him and pushed him away even though he was outside the security cordon.

The picture is not one of improvement but a worsening condition. The International Mission commented, "the increasing hostility of the authorities towards the media and the willingness of individual members to verbally attack Journalist for their perceived failings are encouraging a climate of self censorship, which is damaging to the free flow of information." The pressure on the media is part of a wider psychological culture. When objective reporting has to be subject to the

political or military agenda of those empower, observed S. Deshapriya the convener of the free media movement. The government last week said it would introduce a national media policy to create "a responsible media culture" in the country. But media groups rejected it while the main opposition party charge it was a move to restrict media freedom. The president of the Sri Lanka Working Journalist Association said that it was not the government's responsibility to introduce policies for the media but the responsibility of the media to formulate such matters. He further said that the policy was going to be introduced in a manner to rebuke the media. He also said that if the government is introducing new policies, first the state media should adopt and practice them. It is not happening at the moment." Free media movement convener Sunanda Deshapriya's views, are that the media is not a state controlled body it is a self regulatory sector. What is necessary today from the government side is to establish a solid legal framework for a free media culture and a healthy back ground for the media to conduct their duty in a free and fair manner. Hanzard of 2007 December 05th reports the Honourable 'minister of mass media as saying that the government is protecting the freedom of the media. He has also mentioned that the media should know its limitation that there can be limitations and should be limitations. When I asked a TV journalist attach to a private TV station about the problems they were facing, he said, that now it has become increasingly difficult even to abide by a moral obligation to protect confidential sources of information, as he claimed coercion is used to extract details of individuals who provide information. In this situation, journalist find it very difficult to carry on their profession.
Regarding this issue we can arrive at the conclusion, that in a democracy media freedom is pre-requisite and the media should be unshackled and free, but it should also know how to exercise carefully the freedom it enjoys by publishing the truth always. However, journalists face many challenges from many quarters, such as censorship, intimidations pressure from editors and proprietors and they them selves are to be at fault in some situations for incorrect reporting. But the most severe threat to journalists is the violence against them. Whatthe public is entitled to know, is deprived to them. As some act unwisely to exert pressure to conceal the4 truth. It is aptly illustrated in the editorial of the Daily Mirror of 18h February 2008, "The Operation of the Free Media could be compared to a stream where the good, bad, ugly
and dirt float freely while the public on the banks could watch and make their own judgment. If the areas through which the stream meanders are unpolluted, the bad could be reduced to a minimum. Similarly, if the media are to be flawless, the political environment has to be kept clean. So the attempt to cleanup the media would be fruitless if the environment in which they operate is allowed to remain putrid."

INTERVIEW

01. 	Interview with the Swarnawahini TV news producer

Question -	Are there any censorships imposed by the government when broadcasting news items?

Answer - No direct censorship. In direct, yes, in the form of phone calls not to show curtain visuals, clippings etc. related to curtain incidents.

Question -	How does national security affect media freedom.?

Answer - The indirect censorship is mostly in regard to national security.

Question - Does the government ask for extra coverage of government events?

Answer - No, but this station gives more coverage to government events.

Question - If a journalist attached to your station is alleged to have distorted a news item, how does your institution respond?

Answer -	Firstly we see what led him to do it, whether he had an agenda. We hold and inquiry. We have a code of ethics and if he has overstepped it we take action.

Question - How does the courts respond in the event of litigation?

Answer - In the event of a constitutional dispute they have the constitution as a guide line. In the case of an investigation or any news source who does not wish to be revealed, the courts have accepted it. The source can not be revealed.

REFERENCES

•Dodge, J. (1965) The Practice of Journalism Bristol (Heinemann)

•Hester AL and Lam, Wai J. Hand book for Third World Journalists, University of Georgia. U.S.A.

•Common Wealth Human Rights Initiative - Right to information (Brochure)

•www.freemedia.srilanka.org

•Centre for Policy Alternatives - A study repoit on promoting Human Rights in Sri Lanka. (2006)

•News paper Articles

Editorial (2008 Feb 18)"Media Freedom Benefits all" - Daily Mirror P.6 (2008 March 09)"Media Freedom Re-defined" - Sunday Leader P. 15

Editorial (2008 March 02)"No Democracy Without media Freedom". The Messenger P.6
