What is “fake news”? Who will decide fake / fact? Will this law apply to govt affiliates / politicians?
The #ConstitutionLK permits #FreedomOfExpression subject to certain limitations (e.g. Hate Speech).
The Govt is supposed to protect and advance fundamental rights, not to stifle dissent under the guise of regulating ‘fake news’.
This is what the Supreme Court said in Amaratunga v Sirimal (Jana Ghosha case) (1993) 1 SLR 264: “The right to support or to criticise Governments and political parties, policies and programmes, is fundamental to the democratic way of life, and the freedom of speech and expression is one “which cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions.” “Stifling the peaceful expression of legitimate dissent today can only result, inexorably, in the catastrophic explosion of violence some other day.”
This is what the Supreme Court said in Kurukulasuriya v SLRC (SCFR 556/2008): “27.The judgements of the Supreme Court constitute a body of jurisprudence that has evolved over the years, and the Supreme Court has recognized that the right to comment on public issues and criticize public officials and public institutions is essential for the exercise of civil and political freedoms so valued by democratic society (See Joseph Perera v. The Attorney General (1992) 1 Sri LR 199; Amaratunga v. Sirimal and Others (1993) 1 Sri LR 264; Wijeratne v. VijithaPerera, Sub-Inspector of Police, Polonnaruwa and Others (2002) 3 SLR 319; Deshapriya and Another v. Municipal Council NuwaraEliya and Others (1995) 1 Sri LR 362; Dissanayake v. University of Sri Jayawardenapura (1986) 2 SLR 254; SunilaAbeysekara v. AriyaRubasinghe, Competent Authority and Others (2000) 1 SLR 314). This view was succinctly expressed in Deshapriya and other v. Municipal Council NuwaraEliya and Others (supra);
“The right to support or to criticise governments and political parties, policies and programmes is fundamental to the democratic way of life; …and democracy requires not merely that dissent be tolerated, but that it be encouraged (De Jonge v. Oregon (2), Amaratunga v. Sirimal(3), Wijeratne v. Perera and Pieris v. A. G. (s).” (at page 370) and thus, in Amaratunga v. Sirimal (supra);
“Criticism of the Government, and of political parties and policies, is per se, a permissible exercise of the freedom of speech and expression under Article14 (1)(a).” (at page 271)” “29.At this point I would also like to cite the unanimous view of the Supreme Court expressed in Fernando v. The Sri Lanka Broadcasting Corporation and Others (1996) 1 SLR 157 (at page 172);
“…the media asserts, and does not hesitate to exercise, the right to criticize public institutions and persons holding public office; while, of course, such criticism must be deplored when it is without justification, the right to make and publish legitimate criticism is too deeply ingrained to be denied.”
“46.The danger of suppressing dissent was emphasized in Gunawardena v. Pathirana, OIC, Police Station, Elpitiya (1997) 1 Sri LR 265. Stating that dissent, or disagreement manifested by conduct or action, is a cornerstone of the Constitution, which should not only be tolerated but encouraged by the Executive as obligated expressly by Article 4(d), Justice Mark Fernando cited the dictum of Justice Jackson in West Virginia State Board of Education v. Barbette (1943) 319 US 624, 641; “Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard. It seems trite but necessary to say that the First Amendment was designed to avoid these ends by avoiding these beginnings.” (at page 277)”
If govt communications are perceived as unreliable, that would provide fertile ground for fake news. A proper, efficient / timely govt comms strategy, sharing (truthful) info with the Sovereign People would be the best preventive against fake news.
Maybe follow Gandhi’s advise:
“An ounce of practice is worth more than tons of preaching.” – Mahatma Gandhi
– Suren Fernando –