Supreme Court flags constitutional issues in media professionals institute Bill

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By Editor_1

COLOMBO – The Supreme Court has ruled that several provisions of the proposed Chartered Institute of Media Professionals of Sri Lanka Bill are inconsistent with the Constitution and would require a two-thirds special majority in Parliament unless the amendments recommended by the court are adopted.

Speaker Dr Jagath Wickramaratne informed Parliament of the determination on Tuesday (8), after the Bill was challenged under Article 121(1) of the Constitution by several petitioners, including the Free Media Movement.

According to the Speaker, the Court found Clause 3.1 of the Bill vague and inconsistent with Articles 12(1) and 14(1)(g) – the equal protection and freedom of expression provisions – meaning it can only pass with the special majority required under Article 84(2), unless the clause is removed altogether.

Clause 4.0 was also found inconsistent with the same two Articles, though the Court held that the inconsistency would be cured if the clause is amended as it has proposed. Clause 5.4(b) was similarly found to breach Article 12(1), again remediable through the Court’s recommended amendments.

The Speaker said the remainder of the Bill was found consistent with the Constitution, leaving Parliament with the option of adopting the Court’s proposed amendments and passing the Bill by simple majority, or retain the provisions as drafted and clear the higher bar of a special majority under Article 84(2).

Wickramaratne ordered the Court’s full determination printed in the Official Report of the day’s proceedings.

The Chartered Institute of Media Professionals of Sri Lanka Bill seeks to create a statutory body for media professionals in Sri Lanka with powers to enrol members, conduct training and exams, issue or recognize qualifications, maintain a code of conduct, and discipline members for misconduct. The government has said the purpose of the Institute is professional development and higher standards in the media sector, but critics argue it could also be used for state oversight or control over journalists and media workers.

-ENCL

Editor_1
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