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Last updated: 15 January, 2010 - Published 15:18 GMT
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'Obey' Commissioner's guidelines
CJ Asoka de Silva (UN photo)
SC ordered both state and independent media to comply with guidelines
The Supreme Court in Sri Lanka has ordered all media institutions, both public and independent, to comply with the guidelines issued by the elections commissioner.

Five-member bench chaired by Chief Justice de Asoka Silva has made the order after considering a petition by the main opposition candidate, Gen (rtd.) Sarath Fonseka.

Gen Fonseka in his petition has requested the court to issue an order to state owned media institutions to comply with the Commissioner's guidelines during the run up to the presidential elections.

But the lawyers representing state media argued that it is unfair to control state media coverage as independent media also violate the guidelines.

Contempt of court

The counsel appeared for the petitioner, Srinath Perera, PC, told BBC Sandeshaya that the order paves the way for any Sri Lankan citizen to take any journalist that violate the order before the court.

 From now on any citizen can go to the courts against those who violate the guidelines on charges of contempt of Supreme Court
Srinath Perera, PC

"From now on any citizen can go to the courts against those who violate the guidelines on charges of contempt of Supreme Court," he said.

Mr. Perera added that from now on any journalist or head of media institution, not the institution itself, that go against the guidelines can be sentenced, if found guilty.

The Commissioner has appointed a competent authority to control and issue guidelines during the run up to the elections, but monitoring groups say many state media have been ignoring his instructions.

Transparency International logo
TI says there is an unprecedented reluctance by the govt. to comply with the directives

Transparency International’s Programme for Protection of Public Resources (PPPR) has accused the government of “unprecedented reluctance” to comply with Commissioner’s directives.

“Most of the vital guidelines and Circulars issued by the Commissioner for the conduct of a free and fair Presidential Election are followed in the breach,” it said in a statement.

In a meeting with the representatives of the political parties, the Commissioner has even warned that he would revoke the appointment of the competent authority.

The guidelines also said that those who are actively involved in party politics should not -at least temporarily - be part of the media coverage.

It is however not clear what action the Commissioner is going to take if they continue to hold their positions in state media until 26 January elections.

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