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SRI LANKA BROADCAST MED JUNE – AUGUST 200
An Investigation into the Closure of CBNSat an Lankan Broadcast Media
Ruha Devanesan
Sri Lanka Broadcast Media Report

BROADCAST MEDIA REPORT NE – AUGUST 2006
he Closure of CBNSat and Implications for Sri
ankan Broadcast Media
Ruha Devanesan
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TABLE OF CONTENTS
Political & Media Context.......................................
Background in Sri Lankan Broadcast Law..................
The CBNSat Case – Stake-holders and Issues...............
Timeline............................................................
Analysis............................................................
Ways Forward...................................................
Bibliography......................................................
Sri Lanka Broadcast Media Report

CONTENTS
.......................................................3
dcast Law.............................................7
rs and Issues.........................................16
.......................................................32
........................................................43
.........................................................48
........................................................52
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Political & Media Context
The state of the broadcast media in Sri Lanka in the past few only those in media-monitoring and democracy-building ca well.
To begin with, CBNSat and LBN, the two largest private tel
were shut down in early June 2006 by the Criminal Inv
vague allegations of improper licences, the broadcasti
connections.
Next, the Finance Minister, President Rajapaksa, decided
programming and advertising, in the form of the Finance
which was gazetted on 29 June this year, was brought in
shock and disappointment of the television and advertising i
The main opposition party in Parliament, the UNP, came o
the government was reintroducing censorship “through the
The party said that imposing crippling taxes on all foreign
dubbed foreign programmes would not effectively encourag
as the government had not yet even set up a proper fund thro
The ad hoc decision to impose such taxes would instead in
and rural masses as the large rural population who have no
through watching dubbed programmes on TV would be dep
The heads of all channels operating within Sri Lanka jo
Minister urging the government to reconsider the decisio
industry would crumble under this act. The Accredited Ad
Sri Lanka (4As) similarly admonished the government for
conference with the affected industries, saying it “adversely
the country,” and is “causing grave anxiety, both to the ind at large.”2
The only group to come out strongly for this act was the
1 “Govt. censorship through the backdoor, claims UNP.” Daily Mirro 2 “Exporters and ad industry split on TV taxes.” Daily Mirror Financi
Sri Lanka Broadcast Media Report

ontext
Sri Lanka in the past few months has concerned many, not d democracy-building capacities, but the general public as
the two largest private television broadcasters in Sri Lanka,
06 by the Criminal Investigations Department (CID) on
licences, the broadcasting of Fashion TV, and LTTE
dent Rajapaksa, decided to impose a levy on all foreign
the form of the Finance Act No. 11 of 2006. This Act,
is year, was brought into effect on the same day, to the
levision and advertising industries.
ament, the UNP, came out strongly against this act, saying
censorship “through the back door using the Finance Act.”
ling taxes on all foreign content and even higher taxes on
not effectively encourage the local film and TV industries,
set up a proper fund through which to channel these taxes.
h taxes would instead increase the gap between the urban
l population who have no other way to learn English than mes on TV would be deprived of this opportunity.1
ing within Sri Lanka jointly sent a letter to the Media
o reconsider the decision, saying that the country’s TV
act. The Accredited Advertising Agencies Association of
hed the government for passing such an act with no prior
tries, saying it “adversely affects the economic progress of
e anxiety, both to the industry professionals and the public
ngly for this act was the National Chamber of Exporters
aims UNP.” Daily Mirror, July 18, 2006.
s.” Daily Mirror Financial Times, July 19, 2006: 1.
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(NCE), who welcomed the government’s taxes, saying “as
on these items at the customs entry point, the method of tax
appropriate as it will not only generate revenue to the gover local firms engaged in this field.”2
The third back-door assault on the media also came in mid-
Minister, W D J Seneviratne, announced that the govern
channels to end broadcasting by 10 pm in a bid to conserve
Imposing a penalty of Rs 1 million on those stations that fai
be, according to the minister, “a short-term policy in an ag
fuel price and high demand for electricity consumption
government project to reduce power consumption by 20 per
Again, immense public and private outrage followed this in
of individuals and businesses, the UNP calling it a retur
repression. Assistant UNP General Secretary Tissa Attana
the time of one’s choosing is a basic fundamental right an this manner.”3
Such interference in the country’s private broadcast media
only on the assurance of the Sri Lankan citizenry in one
developing nation, but also on the confidence of both local
the government’s commitment to abiding by a set of co
manner across all industries and fields.
Broadcast media has, like the print media, repeatedly come
the government for political, security and private interests i
brought to Sri Lanka in 1979 by a private, not state, venture
station, the Independent Television Network (ITN), was co-
few months of its creation. Shan Wickremesinghe, the
Jayawardene, had supposedly received the blessings of the
Party (UNP), thanks in part to his political connections, to la
his connections, Wickremesinghe’s station was taken over,
had realised the potency of this new medium and wished
3 “Country moving towards 1971-1977 era – UNP.” The Island, Satur
Sri Lanka Broadcast Media Report

ment’s taxes, saying “as it is not possible to impose duties
point, the method of taxing at an alternative point is very
rate revenue to the government but will also give a boost to
media also came in mid-June, when the Power and Energy
nounced that the government had plans to force all TV
0 pm in a bid to conserve energy amidst rising fuel prices.
on those stations that failed to comply with this law would
ort-term policy in an aggressive bid to face the escalating
electricity consumption.” He said this was part of a
r consumption by 20 percent.
e outrage followed this intended infringement of the rights
UNP calling it a return to the 1971-1977 era of state
l Secretary Tissa Attanayake said “Watching television at
sic fundamental right and people cannot be dictated to in
private broadcast media has had a destabilizing effect, not
ankan citizenry in one of the most basic provisions of a
confidence of both local and foreign private businesses in
abiding by a set of contracts and laws in a consistent
lds.
t media, repeatedly come under restrictions and control by
ity and private interests in Sri Lanka. Television was first
private, not state, venture, but the country’s first television
Network (ITN), was co-opted by the government within a
n Wickremesinghe, the nephew of then President J. R.
ived the blessings of the ruling party, the United National
olitical connections, to launch his station in 1979. Despite
s station was taken over, probably because the government
ew medium and wished not to risk a weakening of state
UNP.” The Island, Saturday June 24, 2006: p.4.
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control over information (Brady).
Subsequent to this acquisition, the government created
Rupavahini Corporation, in 1982, through the Sri Lanka Ru
1982. While the Act is mostly dedicated to dictating the ru
particular corporation must be run, its last part, Sections 1
other private broadcasters, thereby rendering this Act the
These regulations also include rules on licensing for private
While Article 14 of the 1978 Constitution of Sri Lanka g
speech and expression of its citizens, these freedoms are oft
lists so many exceptions to this rule that it renders Article 1
These qualifications include the restriction of rights granted
the interests of racial and religious harmony or the nati
parliamentary privilege, or in cases of contempt of court
offence, to name a few. All of these exceptions leave ple
government to quash any media outfit if it so deems, thereby
censorship by smaller local content producers or, at the
towards partisan and heavily biased content production by l
on which state or private interests fund the broadcasters
Most private TV and radio stations are affiliated with pol
and their ability to obtain licences from the governmen
influence and the discretion of the Media Minister than
quality programming:
“The Sri Lanka Broadcasting Corporation Act state Minister in charge of Media is empowered to establishment of ‘private stations’. The discretion system has completely lacked transparency, accounta As a consequence of this, some editorial positi dictated by the business and political priorities editors”5
4 For more information on the history of television broadcasting in Sr koob, Umar & Weiss LaRs ”Assessment of the need for a Radio and The Sri Lanka Press Institute (SLPI) April 2005; Brady, Linda. “Colo case study of Sri Lankan media.” ejournalist 2005 . eiss LaRs “Assessment of the need for a Radio and TV journalist ress Institute (SLPI) April 2005.
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Despite the history of a strong presence of government
relatively recent explosion onto the media scene by cable an
has resulted in a flood of foreign content into Sri Lanka in
BBC, HBO, The History Channel, MTV (Music Televisio
Discovery Channel.
This was encouraged by and coupled with, to some ext
control over the media with the transfer of governance to D
assassination of President Premadasa in 1993. President W
General of the Rupavahini Corporation (Sunil Sarath Perer
channels to the telecasting of content not wholly for the go
rallies of opposition parties, as well as programmes featurin artists and poets.6
While Wijetunge’s actions furthered the liberalization of S
steps forward were countered by his successors, both Presid
according to Brady, was quoted on more than one occasion given the “freedom of the wild ass,”7 and now Presid
administration’s recent restrictions on broadcast media see
democratic progress of the country.
The competition from satellite- and cable-broadcasted forei
CBNSat has encouraged both state and private local tele
diversify their own programming content – an important ste
with more choice and greater exposure. The attempted sup
the government, detailed below, could therefore have a dev
broadcasting media in its entirety.
6 Brady, Linda. Colonials, bourgeoisies and media dynasties: A case
Sri Lanka Broadcast Media Report

presence of governmental influence in local media, the
media scene by cable and satellite television broadcasters
ontent into Sri Lanka in the form of channels such as the
l, MTV (Music Television), Fashion Television, and The
pled with, to some extent, liberalization in government
nsfer of governance to Dingiri Banda Wijetunge after the
sa in 1993. President Wijetunge appointed a new Director
ation (Sunil Sarath Perera) who opened up state broadcast
nt not wholly for the government, including meetings and
ll as programmes featuring popular discussions and radical
ed the liberalization of Sri Lankan media, many of these
s successors, both President Chandrika Kumaratunga, who,
more than one occasion as saying the press could not be ass,”7 and now President Mahinda Rajapaksa, whose
on broadcast media seem to augur an unravelling of the
.
cable-broadcasted foreign channels by companies such as
te and private local television networks to improve and
ontent – an important step in providing Sri Lankan viewers
sure. The attempted suppression of such broadcasting by
uld therefore have a devastating effect on the Sri Lankan
media dynasties: A case study of Sri Lankan media; p.14.
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Sri Lankan Broadcast Law
Sri Lankan broadcast law has, by and large, focussed since
ability to control and monitor the broadcast media, rather
from undue governmental interference.
The Constitution
Since the Sri Lankan Constitution dictates what may and m
we begin with a look at the Constitutional bases for media l
above, the 1978 Constitution guarantees citizens the r
expression in Article 14, which states:
“Every citizen is entitled to -
(a) the freedom of speech and expression including p
(c) the freedom of association; ...
(f) the freedom by himself or in association with oth culture and to use his own language;
(g) the freedom to engage by himself or in assoc occupation, profession, trade, business or enterprise
Article 15 qualifies these freedoms, however with the langua
“...(2) The exercise and operation of the fundamen by Article 14(1) (a) shall be subject to such restrictio the interests of racial and religious harmony or in r contempt of court, defamation or incitement to an of
(4) The exercise and operation of the fundamental Article 14(1) (c) shall be subject to such restriction the interests, of racial and religious harmony or natio
(5) The exercise and operation of the fundamental Article 14 (1) (g) shall be subject to such restriction the interests, of national economy or in relation to -
(a) the professional, technical, academic, f necessary for practicing any profession or c business or enterprise, and the licensing and entitled to such fundamental right, and
(b) the carrying on by the State, a State agen
7 “The Official Website of the Government of Sri Lanka: The Constit .
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trade, business, industry, service or enter complete or partial, of citizens or otherwise...
(7) The exercise and operation of all the fundamen by Articles 12, 13(1), 13(2) and 14 shall be subje prescribed by law in the interests of national securi of public health or morality, or for the purpose of sec for the rights and freedoms of others, or of meet general welfare of a democratic society. For the p includes regulations made under the law for the time
(8) The exercise and operation of the fundamental Articles 12 (1), 13 and 14 shall, in their applicatio Forces, Police Force and other Forces charged with be subject to such restrictions as may be prescrib proper discharge of their duties and the maintena [emphases added].
These restrictions on the freedoms granted by Article 14 of
licence to curtail media freedom if such freedom is thou
interest. The power to decide who threatens the national i
are deemed threats may, however, be too great a power whe
structures to ensure that the innocent are not victimized
interests.
Sri Lanka Rupavahini Corporation Act of 1982
The SLRC Act, or Rupavahini Act, of 1982 created the Sri L
service, a state-run television service whose board of directo
The parliamentary Act, while dedicated mostly to the d
Rupavahini station, also contains rules regarding the lice
public and private television broadcast stations.
This Act, in concert with the Telecommunications Act o
procedural laws governing the granting of licences to all
stations in Sri Lanka, and yet there is very little specific r
broadcast technologies and the specifications for which l
must obtain in order to create and run a station in abidance w
Part V – the ‘General’ part of the Rupavahini Act, deals w
7Ibid.
Sri Lanka Broadcast Media Report

dustry, service or enterprise whether to the exclusion,
of citizens or otherwise...
tion of all the fundamental rights declared and recognized ) and 14 shall be subject to such restrictions as may be terests of national security, public order and the protection , or for the purpose of securing due recognition and respect s of others, or of meeting the just requirements of the cratic society. For the purposes of this paragraph “law " nder the law for the time being relating to public security.
tion of the fundamental rights declared and recognized by shall, in their application to the members of the Armed ther Forces charged with the maintenance of public order, ions as may be prescribed by law in the interests of the duties and the maintenance of discipline among them”7
granted by Article 14 of the Constitution constitute a clear
if such freedom is thought to conflict with the national
o threatens the national interest and to penalize those who
be too great a power when there is a lack of other political
cent are not victimized for private political or economic
on Act of 1982
, of 1982 created the Sri Lanka Rupavahini Corporation TV
ce whose board of directors is appointed by the President.
dicated mostly to the description and regulation of the
rules regarding the licensing and regulation of all other
cast stations.
lecommunications Act of 1996 (see below), provides the
anting of licences to all television (and other broadcast)
e is very little specific reference in either to the different
ecifications for which licences each kind of broadcaster
un a station in abidance with the law.
Rupavahini Act, deals with television broadcast law in the
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following ways8:
Section 17 states,
(1) No person shall on or after the appointed date marketing of television programme material for bro himself with the Corporation as hereinafter provided
Provided, however, that any such person who has marketing prior to the appointed date, may, witho such production and marketing for a period not appointed date.
(2) Every application for registration shall be in th accompanied by such documents and such fee as ma
(3) The Corporation may refuse to register the appli
subsection (2) or may cancel an existing registration person, as the case may be, is unable to maintain the required in the public interest.
(4) Where any person has been registered under this A
such person a certificate of registration in the prescr shall contain the conditions that may be prescribed f to in subsection (3).
(5) Where any person to whom a certificate is issued u
any conditions set out therein the Corporation certificate.
(6) Any person aggrieved by an order made under sub s order to the Secretary to the Ministry of the Minis “Secretary”) within thirty days of the making of Secretary on any such appeal shall be final.”
We are told in Section 17 that all corporations seeking to es
register with the Rupavahini Corporation and receive a
certificate states the conditions that corporations must ab
standards (which are only vaguely addressed in the Act
regional and international balance and a balance in their s standard of quality”9).
Section 28 states:
(1) No person other than the Corporation established television broadcasting station unless such person Minister.
8 “Sri Lanka Rupavahini Corporation Act No 6 of 1982.” e-Law Sri L 9 Ibid; Section 7, subsection (2) (b).
Sri Lanka Broadcast Media Report

fter the appointed date, engage in the production and gramme material for broadcasting unless he has registered n as hereinafter provided:
y such person who has engaged in such production and ointed date, may, without being so registered, engage in eting for a period not exceeding six months from the
istration shall be in the prescribed form and shall be
ents and such fee as may be prescribed.
se to register the applicant on application made under el an existing registration if the applicant or the registered is unable to maintain the requisite standards that would be st.
n registered under this Act the Corporation shall issue to registration in the prescribed form. Every such certificate that may be prescribed for ensuring the standards referred
a certificate is issued under this Act, acts in violation of erein the Corporation may make order canceling his
n order made under sub section (5) may appeal against the he Ministry of the Minister (hereinafter referred to as the days of the making of the order. The decision of the al shall be final.”
orporations seeking to establish broadcasting stations must
poration and receive a certificate stating as such. This
at corporations must abide by to ensure public interest
ly addressed in the Act as “maintaining a proper local,
and a balance in their subject-matter and a high general
Corporation established under this Act shall maintain a tion unless such person has obtained a licence from the
6 of 1982.” e-Law Sri Lanka.
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(2) The Minister may in consultation with the Corpora for the establishment and maintenance of a private te
(3) No licence shall be issued by the Minister unles
applying for a licence has such technical, financial may reasonably be required for the purpose of estab broadcasting station.
Section 30 continues:
(1) Any person who
(2) knowingly makes any false or incorrect statement made or furnished under or for the purposes of th thereunder; or
(3) fails or refuses to furnish any information or retu
regulation made thereunder, to be furnished by him;
(4) willfully resists or obstructs any officer in the exer
any power, function or duty conferred or imposed up Act, or any regulation made thereunder; or
(5) contravenes or fails to comply with any provision of
this Act,
shall be guilty of an offence and shall, on conviction after t to a fine not exceeding five hundred rupees (emphases added
And Section 32 concludes the act with the “Interpretati
television broadcasting station” as meaning “a television s
any person other than the [Rupavahini] Corporation,” a
including “cable television but exclud[ing] the broadcastin
“television programme” is defined as “includ[ing] an
communication, picture or other matter broadcast or in
television broadcasting station for reception by the public.”
Under these provisions of the Rupavahini Act, it can be, and
other satellite broadcasters in Sri Lanka, that since satellite b
language of the Rupavahini Act at all, and that their process
data, but never actually creating “television programmes,”
all.
The Telecommunications Act (1996)
The Sri Lanka Telecommunications Act of 1996 is equall
satellite broadcasters, and only includes satellite broadcaste
Sri Lanka Broadcast Media Report

ltation with the Corporation issue to any person a licence aintenance of a private television broadcasting station.
d by the Minister unless he is satisfied that the person such technical, financial and professional qualifications as for the purpose of establishing and maintaining a private
e or incorrect statement in any return or other document r for the purposes of this Act or of any regulation made
any information or return required by this Act, or any , to be furnished by him; or
s any officer in the exercise, discharge or performance of conferred or imposed upon that person by order under this thereunder; or
ply with any provision of this Act or regulation made under
all, on conviction after trial before a magistrate, be liable
rupees (emphases added).
ct with the “Interpretations” clause that defines “private
meaning “a television station established or operated by
avahini] Corporation,” and “television broadcasting” as
clud[ing] the broadcasting of radio programmes. Lastly,
ned as “includ[ing] any signal, announcement, item,
matter broadcast or intended to be broadcast from a
eception by the public.”
vahini Act, it can be, and has been, argued by CBNSat and
anka, that since satellite broadcasting is not included in the
all, and that their processes of up-linking and down-linking
television programmes,” do not constitute broadcasting at
96)
ns Act of 1996 is equally vague on the issue of licensing
ludes satellite broadcasters in catch-all phrases referring to
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“telecommunication services” that convey “messages” usi
signals “for the broadcasting of music, conversations, speec
writing, facsimiles, images, pictures,” or for “actuatio apparatus...”10
Section 17 states that “no person shall operate a telecom
except under the authority of a licence granted by the [Med
that it is an offence to operate a telecommunications syste
Section 17 of the Act:
Section 17
(1) Subject to the provision of section 20, no person s
system in Sri Lanka except under the authority of a accordance with subsection (2).
(2) The Minister may grant the licence referred
recommendation of the Commission, provided he sh recommendations for reasons assigned and grant a li
(3) a) Where the Commission consider it in the public inte give public notice in such manner as it deems recommend to the Minister the grant of a licence.
b) The notice referred to in paragraph (a) shall –
i. state that the Commission proposes to recom
particular person;
ii. specify the time (not being less than twen publication of the notice) within which re respect to the grant of the proposed licence m
c) A representation or objection duly made in response
by the Commission.
(4) Every application for a licence shall be in writing and sh such manner as may be required by the Commission.
(5) Before recommending the grant of a licence, the Comm
applicant is capable of operating the telecommunication applied for.
(6) A licence under subsection (2) of this section –
a) shall be issued on payment by the applicant of the lic b) shall be in writing and unless previously revoked in behalf contained in the licence, continue in force fo therein;
10 “Acts of Sri Lanka – Sri Lanka Telecommunications Act No 25 of
Sri Lanka Broadcast Media Report

convey “messages” using any signal or combination of
sic, conversations, speeches, lectures, stage performances,
tures,” or for “actuation or control of machinery or
shall operate a telecommunication system in Sri Lanka
nce granted by the [Media] Minister” and section 19 states
elecommunications system without a licence issued under
section 20, no person shall operate a telecommunication under the authority of a licence granted by the Minister in (2).
t the licence referred to in subsection (1) on the mmission, provided he shall have the power to reject such ns assigned and grant a licence in his own discretion.
sider it in the public interest to do so the Commission may h manner as it deems appropriate of its intention to the grant of a licence.
ragraph (a) shall –
ission proposes to recommend the grant of a licence to a
ot being less than twenty eight days from the date of notice) within which representations or objections with of the proposed licence may be made.
n duly made in response to such notice shall be considered
shall be in writing and shall be made to the Commission in d by the Commission.
t of a licence, the Commission shall satisfy itself that the g the telecommunication system for which licence is being
(2) of this section – by the applicant of the licence fee; ss previously revoked in accordance with any terms in that nce, continue in force for such period as may be specified
unications Act No 25 of 1991.” e-Law Sri Lanka.
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c) shall set out the terms and conditions subject to whic d) shall require the provision of such telecommunicati licence by means of such telecommunication system e) may authorise the connection to any telecommunic
relates of-
i) any other telecommunication system specifie ii) any apparatus so specified in the licence; and f) may authorise the provision by means of any teleco licence relates of any such telecommunication s licence... [and so on in a similar vein]
Section 19
(1) A person who operates a telecommunication system licence under section 17 shall be guilty of an offence
(2) An operator shall be guilty of an offence under this A
a) there is connected to the telecommunication system
issued-
i) any other telecommunication system which
be so connected; or ii) any telecommunication apparatus which is n
so connected; or b) there are provided by means of the system any telec
not authorised by the licence to be so provided.
Until CBNSat’s closure for an alleged failure to obtain t
stations obtained a licence from the Telecommunications C
licence each operator was supposed to obtain according its
remained unclear and markedly absent from the legislature g
India, for example, under a similar influx of cable and s
television scene in the mid-1990’s, moved quickly to formu
that specifically dealt with Cable Networks in India and the
offences.
Then, a few years later, the Indian government promulgat
which named and discussed Satellite and Cable broadcas
rules for these technologies. An excerpt from the Act dea
given below:
LICENCES No person is entitled to provide broadcasting serv after commencement of this act. The authority can broadcasting services, namely: -
Sri Lanka Broadcast Media Report

onditions subject to which the licence is being granted; of such telecommunication services as are specified in the lecommunication system; on to any telecommunication system to which the licence
unication system specified in the licence; and
cified in the licence; and
by means of any telecommunication system to which the ch telecommunication services as are specified in the milar vein]
lecommunication system in Sri Lanka without obtaining a ll be guilty of an offence under this Act.
of an offence under this Act if- lecommunication system in respect of which the licence is
unication system which is not authorised by the licence to
tion apparatus which is not authorised by the licence to be
s of the system any telecommunication services which are e to be so provided.
leged failure to obtain the proper licences, all broadcast
e Telecommunications Commission to operate, but which
d to obtain according its particular field and technologies
ent from the legislature governing the process.
ar influx of cable and satellite operators into the Indian
moved quickly to formulate a Cable Television Act (1994)
etworks in India and their licensing, content and potential
government promulgated the Broadcasting Act of 1997,
lite and Cable broadcasting technologies, and prescribed
xcerpt from the Act dealing with satellite technologies is
rovide broadcasting services without obtaining a licence, is act. The authority can grant licences for the following
ly: -
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1. Terrestrial Radio Broadcasting 2. Terrestrial Television Broadcasting 3. Satellite Radio Broadcasting 4. Satellite Television Broadcasting 5. Direct to Home Broadcasting 6. Local Delivery Services 7. Such other services as may be prescribed...
Grant of licence for satellite broadcasting services 1. Any person desirous of obtaining a satellite broad to the Authority. 2. If the Authority is satisfied that the applicant --- Indian satellite system or on a foreign satellite sy clearance for transponders from the wireless ad condition laid down in the Act ;The Authority may payment of fees ; If the Authority refuses to grant applicant an opportunity to be heard. Provide furthe broadcasting services immediately before the comm to do so without a licence for a period of one month
Grant of licence for Direct - To - Home Service. The Authority will invite bids for grant of licence an bidder if he fulfils all the conditions for the grant of such no of licences (not less than two) as may be pre
Special Provisions for Satellite broadcasting and D The wireless Adviser will give technical clearance f refused on technical or security reasons. In cases wh permitted with foreign satellite system, while relicensing or renewal of such services; give priori Satellite system. The licencee shall carry out the up linking of satellit to - home services from India only up linking of co outside India can be permitted as determined by th permit continuance of up linking of satellite broadc till such time as it is reasonably required for shif linking facility in India...11
Although India’s broadcasting acts may still reflect a gov
than protect media freedoms, it is clear that the governme
legitimate channels, that is, in the creation of laws and regu
take heed of and follow. In Sri Lanka’s case, the governme
first, but arbitrarily penalized those it found threatening, an
for long-term control.
11 “Legal Resources – The Broadcasting Bill of 1997.” Indian Televis .
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To expect no interference in the media by governments is
Mendel of the freedom of expression non-profit, Article 19
abide by certain international norms on governmental behav
(...) Every system of international and domestic righ limited restrictions on freedom of expression to individual dignity and democracy. Under internation which restrict freedom of expression must comply w of the ICCPR:
The exercise of the rights provided for in paragrap special duties and responsibilities. It may therefore but these shall only be such as are provided by law a (a) For respect of the rights or reputations of others; (b) For the protection of national security or of p public health or morals.
Restrictions must meet a strict three-part test.13 Firs by law. The law must be accessible and “formu enable the citizen to regulate his conduct.”14 Secon of the legitimate aims listed in Article 19(3); th restriction must be necessary to secure that aim, in th what is necessary to secure the aim, that the reasons sufficient, and that it is proportionate to the aim. In clear that this is a strict test, presenting a high stan overcome” (emphases added).12
Since the closure of CBNSat, LBN and, temporarily, Sa
below), the Telecommunications Regulatory Commission
Media Minister and charged by the Telecommunications
licences, has undertaken to review its licensing regulations
emerging technology of satellite broadcasting. While the E
licence was the only one available to those researching the
online, the TRC’s website has expanded its licensing
instructions on obtaining the right licence, online form
guidelines on the application process, none of which were a CBNSat for its use of a supposedly invalid licence.13
The details of accusations against CBNSat and the other
12 Mendel, Toby. “Written comments submitted on Leader Publicatio Director of Information and the Competent Authority, et al.” Article 1 lanka-leader-publications-v.-rubasinghe.pdf>. 13 “Telecommunications Regulatory Commission of Sri Lanka – Lice .
Sri Lanka Broadcast Media Report

edia by governments is an unrealistic ideal, but, as Toby
ion non-profit, Article 19 explains, these restrictions must
s on governmental behaviour:
ational and domestic rights recognises carefully drawn and edom of expression to take into account the values of cracy. Under international human rights law, national laws xpression must comply with the provisions of Article 19(3)
provided for in paragraph 2 of this article carries with it bilities. It may therefore be subject to certain restrictions,
as are provided by law and are necessary: or reputations of others; national security or of public order (ordre public), or of
rict three-part test.13 First, the restriction must be provided accessible and “formulated with sufficient precision to te his conduct.”14 Second, the restriction must pursue one ted in Article 19(3); this list is exhaustive. Third, the y to secure that aim, in the sense that it does not go beyond the aim, that the reasons given to justify it are relevant and ortionate to the aim.15 International jurisprudence makes it t, presenting a high standard which any interference must d).
N and, temporarily, SatNet Technologies (see timeline
Regulatory Commission (TRC) which is headed by the
he Telecommunications act with authority to issue these
its licensing regulations and create new ones to govern the
roadcasting. While the External Gateway Operator (EGO)
to those researching the procedures of obtaining a licence,
expanded its licensing section significantly to include
ht licence, online forms for the various licences, and
ss, none of which were available prior to the shut-down of invalid licence.13
t CBNSat and the other satellite companies by the TRC
ted on Leader Publications (Pvt) Limited Vs. Ariya Rubasinghe,
uthority, et al.” Article 19 

Page 15
regarding licensing will be explored below, but the issue
termination of these companies’ operations without wa
appropriate licence or that they might be at risk of closu
closure – that they did not have valid licences – seem absu
had been operational for at least a year under the supervisi
and the TRC before this sudden closure, and none were n
forth by the law, that they had not obtained the proper licenc
This kind of unlawful interference has not been tolerated
allowed today. In 1997, a broadcasting authority bill
appointed by the Peoples Alliance government to make r
media that needed reform. The bill sought, in part, to es
broadcast media and to implement a number of content rest
review by the Supreme Court in the case, Athukorale v
decided that the bill was unconstitutional because, if en
government to influence the appointment of the board
Authority), infringe upon “the independence required of a b
of the electronic media which, it is acknowledged on all h
influencing thought.” The Supreme Court also found that
Minister regulatory power to limit the content of broadc
renewals, restricted media freedom in ways that were inc
The maintenance of such separation of powers is vital to an
existing or in the making, must protect itself against
administration in order to preserve the stability and legitima
14In Re The Broadcasting Authority Bill, S.D. No 1/97. 15/97, deliver 15 Grunnet, Henrik, Lebbe Yakoob, Umar & Weiss LaRs ”Assessmen Training Unit in Sri Lanka,” The Sri Lanka Press Institute (SLPI) Ap
Sri Lanka Broadcast Media Report

ed below, but the issue at large seems to be an unlawful
operations without warning them of their lack of an
ight be at risk of closure. The reasons given for their
lid licences – seem absurd given that all these companies
year under the supervision of the Rupavahini Corporation
losure, and none were notified according to the rules set
btained the proper licences to operate.
e has not been tolerated in the past, and should not be
dcasting authority bill was created by four committees
e government to make recommendations on areas of the
ill sought, in part, to establish a regulatory authority for
a number of content restrictions on broadcast media. Upon the case, Athukorale vs. Attorney-General14, the court
titutional because, if enacted, it would (in allowing the
ointment of the board of directors of the Broadcasting
pendence required of a body entrusted with the regulation
s acknowledged on all hands, is the most potent means of
e Court also found that parts of the bill that granted the
it the content of broadcasts and required annual licence in ways that were inconsistent with the constitution.15
n of powers is vital to any democracy and any legislature,
t protect itself against abuse or manipulation by the
the stability and legitimacy of the system.
. No 1/97. 15/97, delivered on 5 May, 1997. Weiss LaRs ”Assessment of the need for a Radio and TV journalist ress Institute (SLPI) April 2005.
15


Page 16
The CBNSat Case – Stakeholders & Issues
This report investigates the closure of CBNSat and its sister
from 6 June 2006 until 23 August of the same year. The
continuing, but, regardless of the final outcome, it is impo
media, individual and industry rights to freedom from arbitr
The closure of two private broadcasting stations by the Sri L
LBN Cable – came at a highly inopportune time for custom
tournament was just about to start and would have been bro
the more than two months that these companies remained
left without any foreign television channels, relying only o
had them installed before they began subscribing to satellite
local channels (MTV, TNL, Art TV, Rupavahini, ITN a
stations available by antenna, many are state-owned and run
several are owned by the same company (Maharaja organis
leaving viewers with little choice or quality of content.
While missing the soccer world cup, the tennis French Ope
and India cricket tri-series as well – three of the most popu
would have upset many, perhaps a more pertinent loss in de
impartial source of both world and local news. The only
Lankans could receive, if they were able to access the local
certain times during the day on Art TV. With the crisis in th
Lebanon in full swing during these few months, the censors
burgeoning conflict from this channel was easier to conceal.
State-run channels unsurprisingly rely only on press relea
issues such as the conflict with the LTTE. No sources be
are used. Local private channels are also, however, increasi
the government’s line regarding the conflict, as its escalatio
justify reinstating persecution of the media under the ruse
Prevention of Terrorism Act No 48 of 1979 (PTA), was a to
whose reportage did not wholeheartedly support the gov
Sri Lanka Broadcast Media Report

– Stakeholders & Issues
of CBNSat and its sister company, SonicNet Technologies
t of the same year. The case, as of the latter date, is still
final outcome, it is important to explore the violations of
ts to freedom from arbitrary government interference.
sting stations by the Sri Lankan government – CBNSat and
pportune time for customers The FIFA World Cup soccer
and would have been broadcast to these 30,000 patrons. In
ese companies remained shut down, these customers were
channels, relying only on their terrestrial antennas, if they
an subscribing to satellite television, to receive the few free
TV, Rupavahini, ITN and EYE, for example). Of the
are state-owned and run, and of those few that are private,
mpany (Maharaja organisation or the EAP group), thereby
r quality of content.
p, the tennis French Open and the Sri Lanka, South Africa
– three of the most popular sporting events in Sri Lanka –
more pertinent loss in democratic terms, was the loss of an
d local news. The only international news that these Sri
e able to access the local channels, was CNN, broadcast at
t TV. With the crisis in the Middle East between Israel and
few months, the censorship of any news about Sri Lanka’s
nel was easier to conceal.
rely only on press releases issued by the government on
e LTTE. No sources besides the government’s ministries
e also, however, increasingly coming under pressure to toe
e conflict, as its escalation can be used by the authorities to
he media under the ruse of state security. In the past, the
of 1979 (PTA), was a tool of outright prosecution of those
artedly support the government. This act was rendered
16


Page 17
inoperative by the ceasefire agreement of 2002, an agreem
legitimacy or power under the present circumstances of alm
In 1996, this act was used to charge the news director of T
with broadcasting reports that undermined the government,
LTTE had attacked security forces in the east, resulting in t
and international press and human rights communities c incident that the case was later withdrawn (CPA 2005)16.
In this context of heightening tension between the governm
media, the arbitrary closure of first CBNSat on 6 June this y
LBN cable and, temporarily, SatNet, dealt a huge blow t
government’s democratic values and fairness.
On the night of 6 June, three CID inspectors, Chief Inspe
Vaidyalankara and SI L Tilak Bandara, raided the of
Technologies, the two companies who jointly run a satell
satellite channels to about 20,000 subscribers in Sri La
CBNSat was operating a broadcasting company without a va
The issue seems to have arisen in July 2005, when B A C A
at Television & Radio Networks (TRN), and a partner of
and runs TV Lanka (a Sri Lankan broadcaster) had writt
accusing CBNSat of “operating an illegal private broadcast
to the Ministry of Defence, the Ministry of Law & Order &
Posts & Telecommunications, the Board of Investment (B
CBN was broadcasting and retransmitting satellite channe
from the Media Minister. The letter further claimed that a
between CBN and Mr Abeywardana’s company, TRN, th
Rupavahini broadcast licence, was forged.
Later, a rumour, whose source is unclear, emerged that C
content on its channels late at night. This issue was taken u
in their bid to shut down the company, but was never open
there was never any proof to substantiate the claim. Along
16 CPA and IMS report 2005.
Sri Lanka Broadcast Media Report

ment of 2002, an agreement which no longer holds much
ent circumstances of almost full-scale conflict.
ge the news director of TNL (one of the private channels)
rmined the government, when the station reported that the
in the east, resulting in these forces fleeing. The domestic
an rights communities created such an uproar over the
drawn (CPA 2005)16.
ion between the government and independence of private
CBNSat on 6 June this year and the subsequent sealing of
et, dealt a huge blow to national confidence in the new
d fairness.
inspectors, Chief Inspector U K Mahindadasa, SP A R
Bandara, raided the offices of CBNSat and SonicNet
who jointly run a satellite company that delivers foreign
0 subscribers in Sri Lanka, with a warrant stating that
ing company without a valid licence.
July 2005, when B A C Abeywardana, a managing partner
(TRN), and a partner of Electroteks Limited, which owns
n broadcaster) had written a letter to the Media Minister
illegal private broadcasting station.” The letter, sent also
nistry of Law & Order & Internal Security, the Ministry of
Board of Investment (BOI), and the TRC, claimed that
smitting satellite channels without a licence to broadcast
ter further claimed that a Memorandum of Understanding
ana’s company, TRN, that allowed CBN the use of their
forged.
unclear, emerged that CBN was broadcasting pro-LTTE
t. This issue was taken up by the Media Minister and TRC
any, but was never openly used in court against CBN, as
antiate the claim. Along with these two allegations came a
17


Page 18
third vague accusation that CBN was broadcasting Fashio
unsavoury and inappropriate for Sri Lankan viewers Since
channels air similar content and were not shut down, ho
quickly put aside.
The LTTE-based accusation stemmed from a discovery tha
PanAmSat 12, to downlink its channels to customers, as the
channel, Eelam Sat NTT.
CBN, which operates together with SatNet to downlink
National Geographic from different satellites in space (see d
and uplinks to PanAmSat 12. Their customers then rece
PanAmSat 12. This satellite is one of a fleet run by an in
runs one out of every four channels broadcast throughout th
footprint that covers Europe, the Middle East, Southern A
and can handle hundreds of channels – to anyone willin
because CBNSat uses the same satellite as the rebel orga
with that organisation, is therefore a weak one to say the lea
17 “PanAmSat: PAS 12.” July 20, 2006 .
18


Page 19
Technical Overview of CBNSat’s operations18
It is the accusation of LTTE ties that seems to have becom
administration’s targeting of CBNSat – especially since, a
and very little concrete information on exactly which laws
should be punished, the latest excuse for the delay in finali
has directed that any new applications for licences issued un
for broadcasting (including CBNSat’s) must now be pre-app
Under current conditions of escalating conflict between the
such interference in the issuance of broadcasting licences by
seen as a direct attempt to control and censor the content o
LBN Cable seem to just be unfortunate victims of a govern
not understand the technology of satellite broadcasting, ha
licence issuing process for these new technologies (som
18 CBNSat: The Digital World: Shutdown.” July 2006 .
Sri Lanka Broadcast Media Report

hat seems to have become the main reason for the current
Sat – especially since, after two month of court hearings
n on exactly which laws the company broke and how they
se for the delay in finalizing the case is that the President
ons for licences issued under the Sri Lanka Rupavahini Act
t’s) must now be pre-approved by the Defence Ministry.
ing conflict between the government and the Tamil Tigers,
broadcasting licences by the Defence Ministry can only be
and censor the content of broadcast media. CBNSat and
unate victims of a government and Media Ministry that do
satellite broadcasting, have no straightforward, transparent
new technologies (something the Media Minister has
uly 2006 y_so_far.pdf>.
operations18
19


Page 20
admitted to19) and are inherently suspicious of private m
anything they deem in conflict with the administration’s inte
In response to the closure of CBN’s and SonicNet’s offic
Magistrate’s court, citing the CID officers as defendants, a
million in compensation and an interim order directing th
company’s equipment and to allow them to re-start their tran
that followed are outlined in the ‘Timeline’ section below.
An interesting and encouraging response to the interruption
service is the blog activism that began almost immediately
blog websites were set up to share information specific
[http://cbnsat.blogspot.com/], the closure of LBN [http://lb
general state of the broadcast media in Sri Lanka, [http
While the CBN and LBN blog were created in June of this y
shut down – the TV & Radio Sri Lanka blog has been in exi
appear to have been created by the same person or group
comments posted by dozens of other people on these webs
status of court cases, the media coverage and the details o
customers of these companies with an independent voice bo
clarity when there were few other sources of information
administrators also constantly encouraged customers to w
closure (officials at the TRC, Rupavahini Corporation, and
grievances and ask that their services be reinstated, thereby
their frustrations.
The users of these blogs decided, after months of depri
19 “Satellite TV Providers under spotlight.” Daily Mirror, June 23, 20 fusion over the withdrawal of satellite and cable TV facilities: “the M said the commission would proceed to set out rules to regulate the ser ers, monitor their operations and usage of satellite communication fac The Minister said the decision was taken as it has been found that non tered themselves in accordance with the act.”
Sri Lanka Broadcast Media Report

suspicious of private media and ready to strike out at
the administration’s interests.
’s and SonicNet’s offices, SonicNet took its case to the
officers as defendants, asking for compensation of Rs 100
nterim order directing the CID to remove its seal of the
them to re-start their transmissions. The details of the case
imeline’ section below.
ponse to the interruption in transmission of CBN’s Satellite
egan almost immediately after their closure. Three main
are information specifically on the closure of CBNSat
losure of LBN [http://lbncable.blogspot.com/] and on the
edia in Sri Lanka, [http://tvradiosrilanka.blogspot.com/].
e created in June of this year – when these companies were
anka blog has been in existence since April 2006. All three
e same person or group of people, but the responses and
er people on these websites – updating each other on the
verage and the details of the closures – has provided the
an independent voice box, and a source of information and
r sources of information for them to consult. The blog
ouraged customers to write to those responsible for the
vahini Corporation, and the Media Minister) to lodge their
es be reinstated, thereby providing a legitimate channel for
, after months of deprivation of services that they had
aily Mirror, June 23, 2006. The article reports that amidst the con- ble TV facilities: “the Media Minister, Anura Priyadarshana Yapa t rules to regulate the services provided by satellite service provid- tellite communication facilities provided to the customers
t has been found that none of the satellite TV providers had regis-
20


Page 21
legitimately paid for, to create an online petition to the
petition stated,
“We, the subscribers of CBNSat have invested in a l government authorities such as BOI and TRC and b a year of operation, without any justifiable reaso consumers have been grossly violated...
The ultimate objective of TRC is to protect telecommunication industry. Under the TRC act if C should be summoned and given a chance to comply proper licence to carry-out their services witho inconvenience. We read from newspapers that the A issue a temporary licence to CBNSat till the new re relevant authorities to speed up this process and a existing subscriber base till the new regulations active.”
There are currently 182 signatures on this petition, and th
day that these satellite providers remain shut down.
CBNSat & SonicNet Technologies
Sri Lanka Broadcast Media Report
In a special edition newsletter to its customers in July 2006
its operations), CBNSat explained in great detail the incorp
in February 2003, and the subsequent incorporation of CBN
obtaining licences (with scanned images of documents to su
in which the two companies operate together to deliver sat
Excerpts from this newsletter follow:
“On 28th February 2003, the then Minister of Mass Comm Markar, granted SonicNet Technologies (Pvt) Ltd. a licenc for international telecommunications under section 17 of t Act No. 25 of 1991 as amended by Act No. 27 of 1996. T February 2003 and is valid for a period of ten years from t (Pvt) Ltd. was granted the licence to provide international se
20 The full text of this petition can be accessed at: “Protect the Rights .

n online petition to the Sri Lankan government. 20 The
NSat have invested in a legitimate product endorsed by the h as BOI and TRC and by shutting them down almost after out any justifiable reason we believe that our rights as ly violated...
f TRC is to protect the consumer and regulate the . Under the TRC act if CBNSat have violated any law they iven a chance to comply with the regulations, and issue a ut their services without putting its’ subscribers into om newspapers that the Attorney General have ordered to o CBNSat till the new regulations be drafted. We urge the d up this process and at least let CBNSat operate to the ill the new regulations and licensing scheme becomes
on this petition, and the numbers continue to grow each
main shut down.
s
customers in July 2006 (about a month after the closure of
in great detail the incorporation of SonicNet Technologies
ent incorporation of CBNSat in May 2005, the process of
ages of documents to support its explanation) and the way
te together to deliver satellite television to their customers
w:
Minister of Mass Communication, Hon. Imthiaz Bakeer logies (Pvt) Ltd. a licence to operate an external gateway ns under section 17 of the Sri Lanka Telecommunication Act No. 27 of 1996. The licence came into force on 28th eriod of ten years from that date. SonicNet Technologies o provide international services utilizing any technology as
d at: “Protect the Rights of the CBNSat SubscribeRs” ion.html>.
21


Page 22
Sri Lanka Broadcast Media Report
per Clause 1.1 of the licence.

22


Page 23
Sri Lanka Broadcast Media Report
...Communiq Broadband Network (Pvt) Ltd. known as “ incorporated with the approval of the BOI [Board of Inve under Section 17 on 23rd December 2004...
The BOI was given clear explanations that the nature of the transmission of content and media, including pay and Broadband Network (Pvt) Ltd, operating under the brand launched to the public, over a year ago on 27th May 2005...
In April 2005, Communiq Broadband Network (Pvt) Ltd SonicNet Technologies (Pvt) Ltd.

(Pvt) Ltd. known as “CBNSat” to our customers was the BOI [Board of Investment] and registered with them r 2004...
ons that the nature of the business undertaken included the ia, including pay and non-pay television. Communiq perating under the brand name “CBNSat” was officially ago on 27th May 2005...
band Network (Pvt) Ltd. entered into an agreement with
23


Page 24
SonicNet Technologies (Pvt) Ltd. receives digital data st providers from satellites located in space. This data is recei decrypted (decoded) by SonicNet Technologies (Pvt) Ltd compressed, re-encrypted and transmitted to transpon PANAMSAT, called PAS12 located 38,000 miles in space owned by PanAmSat. The digital data streams are then satellite to the South Asian region. Communiq Broadba decryption keys on smart cards to its customers The cu receiving dish and a decoder by an associated company by The smart card is then inserted into the decoder which en decode the data transmitted by the PAS12 satellite, there television screen.”
Services and Channels21
Television
• CH01 BBC World
• CH02 CNN
• CH03 Discovery Channel
• CH04 Animal Planet
• CH05 Discovery Travel and Living
• CH06 Zoom (Lifestyle and Glamour)
• CH07 HBO
• CH08 MTV
• CH09 VH1
• CH10 Nickelodeon
• CH11 HBO Signature
• CH12 Star Sports
• CH13 Cinemax
• CH14 ESPN
• CH15 Pogo
• CH16 National Geographic Channel
• CH17 Adventure 1
• CH18 The History Channel
• CH20 Reality TV
• CH21 GoalTV 1
• CH22 GoalTV 2
• CH23 Fashion TV
• CH24 SET (Sony Entertainment Television)
• CH25 Animax
• CH26 Cartoon Network
• CH27 AXN
• CH28 Derana (Local)
• CH29 TNL (Local)
• CH30 ITN, Sri Lanka (Local)
• CH31 Rupavahini (Local)
21 “CBNSat.” Wikipedia 21 Sept. 2006 .
24


Page 25
• CH32 Channel Eye (Local)
• CH33 Swarnavahini (Local)
• CH34 Raj TV
• CH35 Raj Plus
Radio TNL FM , Light FM, Asura FM, Sun FM, Gold FM, Hir
From CBNSat website22:
“The learned Magistrate has ... requested us to obtain a “private television broadcasting station” under section Corporation Act No. 6 of 1982. Although we are not solely in the interests of our valued customers, we hav aforesaid licence under protest and strictly without preju
LBN23
Lanka Broadband Networks (LBN) is the longest-running c
for approximately six years before its closure and had a Ru
third party that CBNSat received its Rupavahini licence from
Launched on the 15th of July, 2000, LBN down-linked prog
cables to its customers It, like CBNSat, claims that it is no
its services to this third party company, Television and Radi
proper SLRC licence.
LBN did not possess a TRC licence according to Section
had a weaker case in court in terms of licensing than CBNS
the same ‘national security threat’ accusations as CBNSat di
22 “CBNSat: The Digital World.” . 23“LBN Cable TV forum.” 21 Sept. 2006 . ww.lbncable.blogspot.com>.
)
, Sun FM, Gold FM, Hiru FM, Sha FM & Suriyan FM
requested us to obtain an additional licence to maintain a g station” under section 28 of the Sri Lanka Rupavahini 2. Although we are not a television broadcasting station, alued customers, we have submitted an application for the and strictly without prejudice to our rights in Court.”
25


Page 26
As the company’s petition to the Court of Appeal states in i
ers are LTL Projects (Pvt) Limited, a company that is 70%
Board and Lanka Electricity Company (Pvt) Limited, wh
which renders LBN approximately 15% government-owned
have been aware of such a company’s operations for six yea
failed to correct the error is therefore an interesting question
As of the 25th of August, 2006, LBN’s application for a
warded to the Defence Ministry for review and they expect
September 2006.
TRC24 The Telecommunications Regulatory Commission of Sri La
Lanka Telecommunication (Amendment) Act No. 27 of 199
According to the TRC, its goals and responsibilities are as fo
Objectives of TRCSL:
• To ensure the provision of a reliable and eff
telecommunication services in Sri Lanka.
• To protect and promote the interests of consume
the public interest with respect to charges for
telecommunication services provided and apparat
• To maintain and promote effective competitio
commercial activities.
• To promote rapid and sustained developmen
telecommunication facilities.
• To promote research in to and development
telecommunications and related fields.
(more fully described in Section 4 of the Act).
24 ”Telecommunications Regulatory Commission of Sri Lanka: Abou .
Sri Lanka Broadcast Media Report

ourt of Appeal states in its defense, amongst its sharehold-
, a company that is 70% owned by the Ceylon Electricity
pany (Pvt) Limited, which is 100% government owned,
15% government-owned. How the government could not
y’s operations for six years without the proper licences and
re an interesting question.
BN’s application for a licence to the TRC has been for- r review and they expect to receive a licence by the 15th of
ry Commission of Sri Lanka was established under the Sri
ment) Act No. 27 of 1996.
d responsibilities are as follows,
n of a reliable and efficient, national and international
ces in Sri Lanka.
the interests of consumers, purchasers and other users and
respect to charges for and the quality and variety of
ces provided and apparatus supplied.
ote effective competition between persons engaged in
sustained development of domestic and international
ities.
n to and development and use of new techniques in
related fields.
Section 4 of the Act).
sion of Sri Lanka: About Us.” 2002
26


Page 27
Media Minister25
Hon. Anura Priyadarshana Yapa, MP is the current Minist
other responsibilities, responsible for issuing licences to bro
of the TRC Act 25 of 1991.
The Media Minister is granted the power to revoke licen
following an inquiry, giving of notice to the broadcaster sta
order requiring compliance with the conditions of the l
conditions of the licence and the acts or omissions’ of the b
then be given 28 days within which to object or respond to th
is taken.
Rupavahini Corporation26
The Sri Lanka Rupavahini Corporation (SLRC) is the pu
network of Sri Lanka. Gifted by the people of Japan to the
for the provision of education and useful information.
The Corporation was established by Parliament under Act N
national television service, and produces and broadcasts pro
There are two television channels Rupavahini and Cha
Channel Eye are only available via conventional analogue tr
It is an autonomous corporation run by a board of direc
Management of the corporation is in the hands of a D
president. Its programming and broadcasts are funded
government grants.
TV Lanka, TRN & B A C Abeywardana B A C Abeywardana, a managing partner at Electroteks Glo
Television and Radio Network, is, according to the Sunday
25 “The Official Website of the Government of Sri Lanka: Ministry of 2006 .
.
27


Page 28
Board and has close ties with the President, Mahinda Rajapa
The first accusatory letter concerning CBNSat’s licensing
the Media Ministry in his capacity of Managing Partner at
the letter, Mr Abeywardana claimed that “A company
operation of a Private Broadcasting station broadcast
channels.” He also claimed that a Memorandum of
Electroteks Limited and CBNSat that laid out the terms o
broadcasting licence with CBNSat was forged and requeste
safety and for an inquiry.”
PanAmSat 12 and the LTTE link PanAmSat is an international satellite company run out o
service is the distribution of television programming for
PanAmSat was recently merged with Intel Sat, to create the
services (FSS) worldwide to each of the media, network
customer sectors
According to the company’s website27:
Using optimized capacity on a combined fleet of 51 satellite
complementary terrestrial infrastructure including eight own
connectivity and over 50 points of presence in almost 40 citi
• Carries one out of every four television channels
satellites;
• Supports 27 Direct-To-Home platforms worldwi
• Operates 16 satellites that are part of video neigh
world;
• Is the number one provider of transponders for v
worldwide;
• Carries more high definition (HD) programming
• Is the largest provider of commercial satellite ser
sector;
27 “Intelsat completes Acquisition of PanAmSat: News Release.” 3 Ju .
Sri Lanka Broadcast Media Report

resident, Mahinda Rajapaksa.
ing CBNSat’s licensing was sent by Mr Abeywardana to
of Managing Partner at Television & Radio Networks. In
med that “A company called CBNSat has commenced
sting station broadcasting and retransmitting satellite
at a Memorandum of Agreement between partners at
that laid out the terms of sharing Electrotek’s Rupavahini
was forged and requested “a police entry too for [TRN’s]
llite company run out of the United States, whose main
vision programming for broadcasters around the world.
ith Intel Sat, to create the largest provider of fixed satellite
of the media, network services/telecom and government
te :
bined fleet of 51 satellites and a large,
cture including eight owned teleports, fiber
presence in almost 40 cities, the new Intelsat:
four television channels transmitted over fixed
Home platforms worldwide;
at are part of video neighborhoods around the
der of transponders for video programming
ition (HD) programming than any other FSS carrier;
f commercial satellite services to the government
Sat: News Release.” 3 July, 2006. /2006/20060703.pdf>.
28


Page 29
CBNSat and SonicNet use the services of PanAmSat to
the BBC News and National Geographic channels (f
content, and then re-encrypt and uplink to PanAm
programming is beamed to customers’ personal rece
capacity on PanAmSat 12 for the 34 channels that th
customer is also provided with a decoder that can deco
content.
An article published on June 2nd in the Sunday Leader re
“The LTTE channel known as Eelam Sat NT satellite (PanAmSat 12) that could handle so technical experts. Experts also say that accessing different networks is possible, as the space wou willing to pay.
They also insist that channels managed by CBN air channels, but do not completely rule out th about national security.
They say that in this information age it would b of information and it would also seem wrong.”
Comet Excerpts from Comet Cable’s website29:
Cable System Comet Cable uses state of the art MMDS (Multipoint Multi television system, which is widely used in over 35 million h
Coverage Comet Cable distributes its services to a radius of approxi JAIC TOWER. The main distribution area is considered to This system requires line-of-sight transmission from the transmitting tower.
Comet has a licence under the Rupavahini Act. But, as f aware, does not have a licence under Section 17 of the Sri L should therefore also have been shut down with CBNSat
28 “The Cable TV Fiasco.” Sunday Leader, July 2nd 2006 29 “Comet Cable: Pioneer Cable TV Company in Sri Lanka.” 25 Sept.
Sri Lanka Broadcast Media Report

ervices of PanAmSat to downlink program content such as
Geographic channels (from PanAmSat 10), decode this
and uplink to PanAmSat 12, from which CBNSat’s
ustomers’ personal receiver dishes. CBNSat has bought
the 34 channels that they uplink from Sri Lanka. Each
a decoder that can decode only CBNSat’s own encrypted
in the Sunday Leader reports,
nown as Eelam Sat NTT is also accommodated on the ) that could handle some 1000 channels, according to rts also say that accessing capacity on the same satellite by ossible, as the space would be provided to anyone who is
nnels managed by CBN and LBN are secure unlike free to t completely rule out the possibility of the latest concern
formation age it would be difficult to restrict the free flow
uld also seem wrong.”28
ite :
MDS (Multipoint Multi-channel Distribution System) pay used in over 35 million households throughout the world.
s to a radius of approximately 50 Km from the HILTON tion area is considered to be the Greater Colombo Region. t transmission from the antenna at customer site to the
pavahini Act. But, as far as the lawyers of CBNSat are er Section 17 of the Sri Lanka Telecommunications Act. It hut down with CBNSat and LBN. There is no apparent
uly 2nd 2006 y in Sri Lanka.” 25 Sept., 2006 .
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reason for the discriminatory prosecution of these two comp broadcasters in Sri Lanka, namely SatNet (Pvt) Ltd, Mu Electroteks Ltd, besides the alleged LTTE link. It has be media such as the Sunday Leader that each of these other connection and, therefore, protection.
According to CBNSat’s counsel, Riad Ameen, for example Southern Development Authority.
SatNet30 SATNET (formerly STAR TV Lanka Pvt. Ltd) claims to
television company in Sri Lanka, although many other sou first company to bring this feature to Sri Lanka.31 SatNet
initially closed down after the closure of CBNSat and L
reasons which remain unclear. SATNET’s court case has
than the other two and the conclusion of its case is unknown
Mr Lakshman Hullugalle - Chairman / Managing Director
Founder of the company; Vice Chairman - Ceylon Fisheries
eign relations and Investment Promotions - Southern Develo
Mr Gamini Rajanayake – Director
An accountant by profession, widely experienced in local an
of Television and Radio Network.
Ms. Dilrukshi Hullugalle – Director
Secretary to State Minister of Construction and Building Ma
SATNET’s customer base:
At present, the company claims a subscriber base of over a
tels around the country. SATNET also has an island wide d
tribution and after sales services.
30“SATNet: Sri Lanka’s First Digital Stereo Satellite Broadcaster.” 20 31 See “CBNSat: The Digital World: What’s New.” ; Ka work Launched.” Daily News, May 31st 2005 . New.” cbnsat_events.aspx>; Kangaraarachchi, Ramani. “CBNSat TV Net- 5 .
30


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The company’s website claims,
“... Unlike other operators, SATNET is able to offer [Dir any part of the country because they are the only li technology.”
According to Lankanewspapers.com, June 22, 2006, the ordered the CID to close down SatNet’s operations on the action against the station for violating the laws of the land b run the station from the relevant authority.” Hullugalle w court, and his attorney argued that SatNet had indeed obtain TV equipment and sell it to customers, and its broadca therefore outside the purview of the TRC and the Ru nevertheless ordered the CID to “take the same steps as ag investigation as their failing to do so would be unfair.”
Sri Lanka Broadcast Media Report

ET is able to offer [Direct-to-home, or DTH] service, to e they are the only licenced operator possessing this
om, June 22, 2006, the Colombo Additional Magistrate tNet’s operations on the 21st of June and “take appropriate ing the laws of the land by not obtaining the permission to authority.” Hullugalle was ordered to appear before the SatNet had indeed obtained the licence it needed to import tomers, and its broadcasting was done from India, and f the TRC and the Rupavahini Act. The magistrate ake the same steps as against the other two stations under o would be unfair.”
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Timeline
▪ 28 February 2003
SonicNet received its TRC licence from the Media M (also head of TRC). The minister issued an External G Licence) to SonicNet, whose sister company is CBNSat on the recommendation of the Telecommunications manner stipulated in Section 17(2) of the TRC Act. edition’ Issue of CBNSat newsletter, ‘Digital World’
▪ 27 May 2005
CBNSat was launched today. Media Minister Mr Ma operations at the launch. CBNSat was the first Direc Lanka to use Digital Video Broadcast Satellite technolog
▪ 27 July 2005
Mr B A C Abeywardana wrote a letter to the Media M was operating illegally and without a licence, claiming Abeywardena’s company, Television and Radio Netwo LBN to use its broadcast licence was forged.
Abeywardana is also the owner of a local television bro and the Chairman of the Tea Board, a government posi Sunday Leader and a source from CBNSat) that A President Rajapaksa and was the one who instigated CBNSat’s part. Sunday Leader, 2 July 2006
▪ 11 October 2005
CBNSat received its Vendor’s Licence from the TRC f deal in, demonstrate, install, establish, [and] mainta apparatus and satellite television receiving equipment, Telecommunications Act No. 25 of 1991. July 2006 Sp of CBNSat newsletter, ‘Digital World’
▪ 20-22 March 2006
CID officers visited CBNSat’s offices and questioned th The Island, 14 June 2006
▪ 6 June
The countrywide operations of the satellite television when a group of Criminal Investigations Departmen
Sri Lanka Broadcast Media Report

ence from the Media Minister Mr Mangala Samaraweera ster issued an External Gateway Operator Licence (EGO ster company is CBNSat, to operate until January 31, 2013 he Telecommunications Regulatory Commission in the 7(2) of the TRC Act. July 2006 Special ‘Transparency etter, ‘Digital World’
Media Minister Mr Mangala Samaraweera endorsed the NSat was the first Direct-to-home (DTH) operator in Sri adcast Satellite technology. Daily Mirror 28th May 2005
e a letter to the Media Minister complaining that CBNSat hout a licence, claiming that MOU signed by a member of vision and Radio Networks (TRN), allowing CBNSat and e was forged.
of a local television broadcast company called TV Lanka, oard, a government position. It has been claimed (by the from CBNSat) that Abeywardana has close ties with the one who instigated the suspicions of LTTE ties on , 2 July 2006
Licence from the TRC for to “import, sell, offer for sale, establish, [and] maintain & repair telecommunications on receiving equipment,” according to Section 21 of the 5 of 1991. July 2006 Special ‘Transparency edition’ Issue World’
offices and questioned their directors on the licence issue.
f the satellite television station CBN came to a standstill nvestigations Department (CID) detectives ordered that
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transmissions be stopped immediately.
The detectives reportedly produced a search warrant support searching the offices, but their actions, whic equipment for purposes of examination and the sealing o not called for in the warrant.
They also seized the equipment of both CBNSat an although CBNSat is the company cited in the warra allegedly not having the correct licence, not SonicNet.
▪ 7 June
The first Magistrate’s Court hearing. SonicNet Tech the CID officers that closed down its offices, and the A government). July 2006 Special ‘Transparency editi ‘Digital World’
▪ 8 June
The second Magistrate’s Court hearing. Colom Pilapitiya called the Criminal Investigation Telecommunications Regulatory Commission to appear raiding the office of CBNSat and suspending its satel News Desk, 8 June 2006
▪ 10 June
The CEO of Communiq Broadband Network (Pvt) Ltd conference today and criticized the CID for the way investigations.
“If there’s an illegal operation as alleged, we should b Telecommunications Regulatory Commission.
Then we should be given a hearing for accusations mad process under the telecommunication regulatory act operations without adhering to this process which had c our valued customers,” Mr Canegy was reported by the D
The Mirror described Mr Canegy as having been “ar licences and approving papers related to the TRC,” in the CBNSat, which operates through a parent compan does not have the necessary licence.”
Mr Canegy said SonicNet Technologies (Pvt) Ltd had a Mass Media and Communication in 2003, while the co approvals for all the equipment it uses from the TRC.
“We have a customer base of 20,000 who have been
Sri Lanka Broadcast Media Report

diately.
duced a search warrant from the magistrate’s courts to but their actions, which included the seizing of some ination and the sealing of CBN and SatNet’s offices, were
ent of both CBNSat and its sister company SonicNet, pany cited in the warrant to have violated the TRC by t licence, not SonicNet.
hearing. SonicNet Technologies filed its petition against wn its offices, and the Attorney General (representing the cial ‘Transparency edition’ Issue of CBNSat newsletter,
ourt hearing. Colombo Additional Magistrate Gihan minal Investigation Department (CID) and the y Commission to appear in court today to show cause for and suspending its satellite transmission. ColomboPage
band Network (Pvt) Ltd, Muhundan Canegy, held a news ed the CID for the way in which it had conducted its
as alleged, we should be informed first in writing by the y Commission.
ring for accusations made against us and so on. It is a long unication regulatory act. The CID can’t just seal the this process which had caused an immense loss to us and egy was reported by the Daily Mirror to have said.
egy as having been “armed with a series of documents, related to the TRC,” in order to “debunk allegations that hrough a parent company called SonicNet Technologies, ence.”
nologies (Pvt) Ltd had a licence granted by the Ministry of on in 2003, while the company had obtained all necessary
it uses from the TRC.
f 20,000 who have been affected because of the sealing
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especially during a period in which an important forei Cup was being inaugurated yesterday,” he said. Daily M
▪ 12 June
The first High Court hearing. July 2006 Special CBNSat newsletter, ‘Digital World’
The third Magistrates Court hearing. The petition move to seal its offices was heard by the Colombo Addi
The organisation argued that the CID acted out of warra of the two companies comprising CBNSat. At the pre was adjourned until today, Colombo Additional Magistr CID and the TRC to appear in court to show cause for of CBNSat and suspending its satellite transmission.
SonicNet technologies – the sister company of the servic Telecommunications Regulatory Commission to inquire
CBNSat’s counsel told the Magistrate’s Court that the C shutting down the CBNSat cable television network wi to the due process of law. The CID had obtained a w Section 65(1) of the TRC act to search the company’s and shut down operations instead.
Section 65(1) of the TRC Act states, “If a Magis oath that there is reasonable ground for believ provisions of this Act... any telecommunication established, or is maintained or worked, or that has been imported, sold or offered for sale Magistrate may grant a search warrant to any pol to enter and inspect the place... and to seize an officer to be used or intended to be used for a appears to him to have been imported, sold or purposes.”32
The Senior State Counsel (SSC) appearing for the C Rupavahini Corporation and the TRC had conducte equipment and confirmed in their reports that television had been used by the Respondents in operating their n allow them get the opinion of an engineer from the SLB
Counsel then asked the court to issue a search warrant t He also informed the Court that to function as a TV st from the Rupavahini Corporation, which the Di Chandrasuriyan and Murugan Chandrasuriyan had not, t
32 Sri Lanka Telecommunications Act No 25 of 1991; Section 65(1).
Sri Lanka Broadcast Media Report

hich an important foreign transmission like FIFA World terday,” he said. Daily Mirror, 10 June 2006
ng. July 2006 Special ‘Transparency edition’ Issue of orld’
t hearing. The petition filed by CBNSat against a CID
rd by the Colombo Additional Magistrate today.
e CID acted out of warrant in moving to seal the premises ing CBNSat. At the preliminary hearing last week which ombo Additional Magistrate Gihan Pilapitiya called on the court to show cause for their actions in raiding the offices atellite transmission.
ter company of the service provider – also appealed to the y Commission to inquire into the matter.
istrate’s Court that the CID had grossly violated the law in le television network without prior warning or any regard e CID had obtained a warrant from the Magistrate under o search the company’s offices, but had seized equipment ad.
C Act states, “If a Magistrate is satisfied by information on nable ground for believing that, in contravention of the any telecommunication apparatus has been installed, or ained or worked, or that any telecommunication apparatus ld or offered for sale... within his jurisdiction, such search warrant to any police officer authorizing that officer place... and to seize any apparatus which appears to that tended to be used for any telecommunication and which been imported, sold or offered for sale for the aforesaid
C) appearing for the CID said that engineers from the the TRC had conducted investigations into CBNSat’s eir reports that television and telecommunication receptions ents in operating their network. They asked the Court to n engineer from the SLBC for further investigations.
issue a search warrant to search LBN Network (Pvt) Ltd. at to function as a TV station one should obtain a licence ration, which the Directors of CBNSat, Mohandas handrasuriyan had not, thereby violating the law.
of 1991; Section 65(1).
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The Defence Counsel informed Court that the penalty fo fine of Rs 500, not seizure of equipment and closure of SatNet formerly Star TV Lanka, MultiVision (HBO operating without a licence from Rupavahini Corp therefore be issued against those networks too. The M warrants against those networks as well. Daily Mirror 13
CBNSat’s counsel also said that the Rupavahini Corpor to link up with the Palali Air Base for three months w and the said facility was subsequently discontinued installed its own Satellite Up-link Station. The Rupavahi this by letter – testimony to the fact that the authorities w in broadcasting and used its facilities in the broadcast o Mirror 4 August 2006
▪ 14 June
Colombo Additional Magistrate Gihan Pilapitiya order submit an investigation report to the Court within two da
Senior State Counsel Gihan Kulatunge appearing for inquiries on LBN Network (Pvt) Ltd, SatNet (Pvt) Ltd and Electroteks were underway and the findings wou investigations were complete.
State Counsel also agreed to allow CBNSat to resume i could consider issuing a licence to CBNSat.
Senior Counsel M.L.M. Ameen PC appearing for CBN interim order to open the network, thereby alleviating t by both the company’s employees, and the 100,000 cust
He said reopening the channel would not affect CID inve
Mr Ameen also brought to the notice of the Magistrate shut, the other TV channels into which the court functioning unobstructed, calling this a great injustice.
He further states that the CBN network was operating o not necessary to obtain a licence from the Rupavahi network had obtained the necessary licence from the TR
"Counsel for the Rupavahini Corporation, Hemantha that though the Court ordered the CID to get the place Rupavahini Corporation some days ago, the CID ac creating hardships to the Rupavahini Corporation. The their observations on CBNSat and report to Court.
“The Magistrate allowed the Rupavahini Corporation tw
Sri Lanka Broadcast Media Report

Court that the penalty for default to obtain a licence, was a quipment and closure of operations, and that the channels nka, MultiVision (HBO Comet) and Electroteks were from Rupavahini Corporation. Search warrants should ose networks too. The Magistrate agreed to issue search s as well. Daily Mirror 13 June 2006
t the Rupavahini Corporation procured CBNSat’s services ase for three months without any charge unconditionally sequently discontinued since the said Corporation had nk Station. The Rupavahini Corporation had acknowledged fact that the authorities were well aware of CBNSat’s role cilities in the broadcast of their own state channel. Daily
e Gihan Pilapitiya ordered the Rupavahini Corporation to o the Court within two days.
ulatunge appearing for the CID informed the Court that vt) Ltd, SatNet (Pvt) Ltd, MultiVision (Comet) (Pvt) Ltd y and the findings would be reported to the Court once
low CBNSat to resume its functions if the Media Ministry
to CBNSat.
n PC appearing for CBNSat asked the Court to make an ork, thereby alleviating the severe difficulties being faced ees, and the 100,000 customers that CBNSat served.
would not affect CID investigations.
notice of the Magistrate that while CBNSat had been kept into which the court had ordered investigations were g this a great injustice.
network was operating on broadband and therefore it was nce from the Rupavahini Corporation. He says that the sary licence from the TRC.
Corporation, Hemantha Warnakulasuriya PC complained the CID to get the place checked by an engineer from the days ago, the CID acted on the order only yesterday vahini Corporation. The counsel sought five days to make
nd report to Court.
upavahini Corporation two days to complete their findings.
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The case was postponed to 19 June.”
Additional Magistrate Gihan Pilapitiya issued search wa MultiVision and Electroteks and ordered the CID to re 19. Daily Mirror, 15 June 2006
▪ 15 June
LBN is shut down and search and seizure takes place ( basis that they have no proper licence to operate. The Is
▪ 16 June
LBN files a writ of certiorari (an order given by a high lower court or other (quasi-governmental organization) to quash the decision of the TRC to dispute LBN’s lice calling the decision “arbitrary, unreasonable and mala-fo
The Power and Energy Minister, W D J. Seneviratne w same day to have disclosed plans of imposing a penalty which operate after 10 pm, in “an aggressive bid to face demand for electricity consumption.” The Island, 16 Jun
▪ 17 June
The Island reports that the CID also raided the offices o its operations were legal, and verified this was so. Th Multivision and Electroteks this week as well. The Islan
▪ 19 June
The Colombo Magistrates Court has ordered the Ministr to hand in a report assessing whether CBNSat can resu Wednesday. Daily Mirror, 19 June 2006
The complainant, SonicNet Technologies, the affiliated CID officers who seized their equipment personally, restraining the CID from preventing the plaintiff from SonicNet Technologies also demanded Rs 50 million Daily Mirror, 20 June 2006
LBN supports a writ application in the court of appeal which included investigations following a search and se 2006. The company’s counsel said that the Colombo unlawfully and out of their sphere of power (“ultra vir seizing property. Also, the warrant that was used wa required by the law. The Island, 20 June 2006
Sri Lanka Broadcast Media Report

une.”
ilapitiya issued search warrants on LBN, SatNet (Pvt) Ltd, d ordered the CID to report the findings to court on June 6
and seizure takes place (by the CID) as with CBN, on the icence to operate. The Island, 16 June 2006
an order given by a higher court to quash the decision of a ernmental organization) application in the court of appeals C to dispute LBN’s licence and close down the network, unreasonable and mala-fole” The Island, 16 June 2006
er, W D J. Seneviratne was reported by The Island on the ns of imposing a penalty a Rs 1 million on all TV channels an aggressive bid to face the escalating fuel price and high tion.” The Island, 16 June 2006
also raided the offices of SatNet at Narahenpita to check verified this was so. The CID was to ‘raid’ the offices of s week as well. The Island, 17 June 2006
rt has ordered the Ministry of Mass Media and Information hether CBNSat can resume its satellite broadcasting next June 2006
chnologies, the affiliated company of CBNSat, is suing the equipment personally, and asked for an enjoining order nting the plaintiff from entering the company’s premises. emanded Rs 50 million from the defendants as damages.
n in the court of appeal against the operations of the CID, ollowing a search and seizure of their property on 15 June l said that the Colombo Crime Division (CCD) had acted here of power (“ultra vires”), by raiding their offices and arrant that was used was also not given to LBN, as is
, 20 June 2006
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▪ 20 June
LBN agreed today to apply for licences ‘in terms o proceeds, to speed up the process of reopening operati that “the issue of any interim relief at this stage w Magistrate and the ongoing investigation by the CID.” T
Having denied any involvement in the closure of Abeywardana, who is known to have written the lette brought the government’s attention to CBNSat and its l the Sunday Leader to have “nevertheless written the mo the authorities offering to operate both the closed networ management.”
According to the Leader, “Days after the closure of th June 20 had written to the Secretary to the President Defence, Information and Media and Chairman of the T to lawyers of both CBNSat and LBN.”
Calling his company the “the only operator in Sri Lanka to provide pay TV and cable TV under a licence issued with a telecom operator licence,” he has offered to take o LBN’s customers: “Therefore to ease the public inconv operate both networks totally under our licence and und providing the public a service.” Sunday Leader, 9 July 2
▪ 21 June
Colombo Additional Magistrate Gehan Pilapitiya orders Broadcasting station owned by Lakshman Hullugalle for the station from the relevant authority, violating Section Lankanewspapers.com, 22 June 2006
▪ 22 June
President Mahinda Rajapaksa directed the TRC to regist
He also directed the commission to implement other me 66 (1) of the Sri Lanka Telecommunication Act No. “Minister may issue from time to time to the Authorit writing”33), in other words, granting the Minister commission’s reform of its telecommunications legislati
The report said that the TRC will also register all communications including transmission and reception.
The UNP said it would come out strongly if the dec
33 Ibid; Section 66 (1).
Sri Lanka Broadcast Media Report

for licences ‘in terms of the law’ while its writ appeal ess of reopening operations, but the TRC objected saying relief at this stage will curtail the inquiry before the estigation by the CID.” The Island, 21 June 2006
ent in the closure of CBNSat and LBN, Mr B A C to have written the letter to the Media Minister that first tion to CBNSat and its licences to operate, is reported by ertheless written the most eye-opening letter on June 20 to te both the closed networks under his licence and under his
s after the closure of the two networks, Abeywardana on cretary to the President, Secretaries of the Ministries of ia and Chairman of the TRC. He has also copied the letter
LBN.”
nly operator in Sri Lanka with authority and the obligations V under a licence issued by the Ministry of Media and also ,” he has offered to take over cable provision to CBN’s and to ease the public inconvenience, we offer our services to nder our licence and under our management and control in
Sunday Leader, 9 July 2006
Gehan Pilapitiya orders the CID to close down SatNet TV Lakshman Hullugalle for not obtaining permission to run thority, violating Section 45 B of the TRC Act.
2006
irected the TRC to register all satellite service providers
n to implement other measures in accordance with section ommunication Act No. 25 of 1992 (which states that a to time to the Authority, general or special directions in granting the Minister the permission to guide the communications legislation.
will also register all apparatus required for satellite mission and reception.
out strongly if the decision of the government to ban
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telecasting after 10 pm or impose a Rs 1 million pena reported in the media, is implemented, stating that it was information.
UNP MP Hemakumara Nanayakkara told a press br government would jeopardize media freedom which has difficulty. He warned that this is an indication of the towards a dictatorship. Daily Mirror, 24 June 2006
▪ 24 June
Assistant UNP General Secretary Tissa Attanayake, ad government’s plans to impose a restriction of TV-w electricity (enforced by a fine of 1 million rupees for v the 1971-1977 era. The Island, 25 June 2006
▪ 29 June
The Finance Ministry gazetted the Finance Act, No controversially high levy on foreign programming and a 15 July 2006
▪ 6 July
Magistrate Gihan Pilapitiya ordered CBNSat and LBN August 15 after three separate cases filed by the CID a were taken together for inquiry.
The case against SatNet, according to the Daily Mir current charges on the technicality that the TRC A decoded within Sri Lanka, and since SatNet decodes its charged for violating this law. Instead, SatNet is to [decoders for customers] without a valid permit.
Senior State Counsel Gihan Kulatunga appearing with investigations would be completed by the next week charges against the cable channel networks. He also sta reopening the networks with the consent of the minister.
The Daily Mirror also reported, “Counsel for Warnakulasuriy PC making his submissions stated th channel network in Sri Lanka irregularities had taken approval to function. The Media Ministry was now s Ministry was taking necessary measures to regularize th long time. Therefore a long date could be fixed for the n 2006
▪ 11 July
Sri Lanka Broadcast Media Report

ose a Rs 1 million penalty on any channel doing so, as ented, stating that it was a violation of the people’s right to
yakkara told a press briefing that this decision of the edia freedom which has been safeguarded with the greatest is an indication of the government’s intention to move irror, 24 June 2006
ary Tissa Attanayake, addressing the media states that the a restriction of TV-watching after 10 pm to conserve of 1 million rupees for violation) is a move backwards to , 25 June 2006
d the Finance Act, No. 11 of 2006 today, bringing a reign programming and advertising into effect. The Island,
ered CBNSat and LBN to keep their services closed until cases filed by the CID against CBNSat, LBN and SatNet .
rding to the Daily Mirror, has been dropped under the icality that the TRC Act only applied to transmissions since SatNet decodes its transmission in India, it cannot be . Instead, SatNet is to be charged for selling equipment ut a valid permit.
ulatunga appearing with the CID informed court that the leted by the next week and thereafter they would file nel networks. He also stated that CID would not object to e consent of the minister.
orted, “Counsel for the Media Ministry Hemantha is submissions stated that from the inception of Cable irregularities had taken place in the process of granting dia Ministry was now seriously concerned about it. The measures to regularize the faults, which would take a fairly e could be fixed for the next inquiry.” Daily Mirror, 7 July
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The Sunday Leader reports that the Attorney General h issue temporary licences to both CBNSat and LBN. H security concerns, he has directed the Media Ministry t operators. When contacted by the Leader, the Ministe the Attorney General. CBNSat blog; http://cbnsat.blog
▪ 18 July
The Supreme Court directed today that the M (Telecommunication Regulatory Commission) should the fundamental rights violation case filed by SonicNe the next hearing for 1 August.
According to the Daily Mirror, Additional Solicitor Ge appearing on behalf of the police officers charged by So and seizure, submitted that the EGO Licence that was is to operate international telecommunication services b the police officers obtained a search warrant from executed the search warrant appropriately. He also Magistrate did not constitute an administrative or exec which therefore did not attract the provisions of Artic Mirror, 19 July 2006
Under Article 126 of the Sri Lankan constitution, “T and exclusive jurisdiction to hear and determin infringement or imminent infringement by executiv fundamental right or language right declared constitution].” 34 Since the CID come under the argument of their counsel reported above is invalid.
The TRC issued a public notice extending deadline CBNSat Forum; www.cbnsat.blogspot.com
▪ 27 July
SonicNet filed a writ application today, asking the Co Mandamus directing the Minister, the SLRC and th licences so that it may restart the operations. Daily Mi
▪ 1 August
The Supreme Court heard CBNSat, the TRC and the M the issue of a violation of CBNSat’s fundamental righ The counsel for the TRC stated that they had filed their of the three justices, S Tilakawardane, C N Jayasingh had received this intervention. The case has therefore b
34 “The Constitution of the Democratic Socialist Republic of Sri Lank Nov. 2003 .
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forgetfulness on the part of the TRC’s counsel to sub intervention appears to be yet another delaying tactic.
▪ 2 August
Divaina and Dinamina, two state-run Sinhalese newsp the Media Minister issued a statement that they can CBNSat under the provisions of the present act and channel also broadcasts on the same satellite, CBNSat s
The Minister of Media and Mass Communication filed to the fundamental rights violation application filed in Technologies Private Limited of Colombo 13.
The petition had said that the general television bro sought to carry out using Direct to Home (DTH) Tec monitored by the Sri Lanka Rupavahini Corporation o station with due authority, in terms of the Rupavahini A
According to CBNSat’s lawyers, however, the TRC investigation into the allegation of LTTE ties, ther allegations. The Island, 3 August 2006
▪ 3 August
CBNSat attends two court hearings - a Supreme Court and an Appeals Court hearing.
Chief Justice Sarath Nanda Silva, presided over the CB authorities to remove the seals on CBN’s operatio transmissions today. He also ordered them to allow C time, maximum.
Licensing issues will be finalized by 23 August. www.cbnsat.blogspot.com
▪ 9 August
The Director General of the SLRC, Palitha Gallage, s Magistrate stating that after technical evaluation of th could be concluded that the satellite equipment used b for broadcasting purposes by either the LTTE or simila security.
Gallage further stated that the LTTE has regularly tr satellite during the period when CBNSat was tempora has been used for the transmission of National TV of T transmission. The Morning Leader, 9 Aug 2006
▪ 16 August
Sri Lanka Broadcast Media Report

he TRC’s counsel to submit more than one copy of their another delaying tactic.
tate-run Sinhalese newspapers, publish articles stating that statement that they cannot monitor the transmissions of of the present act and pointing out that since the LTTE same satellite, CBNSat should not be allowed to reopen.
ass Communication filed an intervenient petition, relating lation application filed in the Supreme Court by SonicNet of Colombo 13.
e general television broadcasting SonicNet Technologies ect to Home (DTH) Technology, from satellite, cannot be upavahini Corporation or the local television broadcasting erms of the Rupavahini Act.
ers, however, the TRC has already stated that, after an tion of LTTE ties, there is no proof to support these
st 2006
rings - a Supreme Court hearing (before the Chief Justice)
lva, presided over the CBNSat case today and ordered the eals on CBN’s operations to allow servicing and test ordered them to allow CBNSat to operate within 2 weeks
alized by 23 August. CBNSat blog, 3 August 2006;
LRC, Palitha Gallage, submitted a report to the Colombo echnical evaluation of the equipment used by CBNSat, it tellite equipment used by the company had not been used ither the LTTE or similar channels compromising national
e LTTE has regularly transmitted news using a PAS 12 en CBNSat was temporarily closed. The PAS 12 satellite sion of National TV of Tamil Eelam which is a free to air ader, 9 Aug 2006
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At another appeals court hearing today, the counsel Additional Magistrate that “licence to run TV stations w once the draft regulations come into operation.
He said that once the regulations were drafted, Cable T to the regulations. The drafting of regulations would t court was requested to keep the cases pending until suc
The counsel for SatNet, Anujaya Premaratne, said that retrospect was bad and those who have already obtain continue with their licences without making new applic
Counsel for LBN said that the Supreme Court ha transmissions and to operate their equipment without those grounds, they too made an application to transmissions. Their application was granted and the Thursday.
State Counsel Gihan Kultunga appearing for the CID m the TV networks. Counsel for CBNSat M L M Am permission from the Supreme Court to run test transmis of their case in the Supreme Court there was a propo need not file action against them as the matter would be
He also said that as the Supreme Court inquiry was fix be called on August 24 to ascertain the progress. The Daily Mirror 16 August 2006
▪ 23 August
CBNSat was supposed to receive its SLRC lice transmission, according to the Supreme Court ruling o Review" 4 August 2006
A new development in the case was revealed today Supreme Court today that Defence Ministry clearan satellite transmission licence under the SLRC Act.
According to The Island, the TRC’s counsel, M applications for licences were closed about a month b that thereafter, licences, issued under the SLRC A Defence Ministry approval.
Counsel said that a committee comprising military pe report will be submitted to court, shortly. Any confide in a sealed envelope by counsel, for the perusal of Cou
The earlier decision by the Supreme Court to allow resume servicing and test transmission with their equ
Sri Lanka Broadcast Media Report

ring today, the counsel for the Media Ministry told the ence to run TV stations would be issued freely to anybody e into operation.
ns were drafted, Cable TV operators would have to adhere g of regulations would take about another month and the e cases pending until such time.
ya Premaratne, said that to enforce rules and regulations in who have already obtained licences should be allowed to ithout making new applications.
the Supreme Court had allowed CBNSat to run test their equipment without telecasting the programmes. On ade an application to the magistrate to operate test on was granted and they will start test transmissions on
appearing for the CID moved a date to file charges against r CBNSat M L M Ameen PC said they have obtained Court to run test transmissions. On the last date of hearings Court there was a proposal for a settlement and the CID m as the matter would be settled.
me Court inquiry was fixed for August 23, the case could ertain the progress. The case was put off for August 24.”
receive its SLRC licence and recommence full-time Supreme Court ruling of 3 August. The Island, "Financial
ase was revealed today when the TRC’s counsel told the efence Ministry clearance and approval is needed for a under the SLRC Act.
the TRC’s counsel, Mr Kumarasinghe said that “the closed about a month back and the President had directed ued under the SLRC Act should be granted only with
e comprising military personnel will study the issue and a urt, shortly. Any confidential documents will be submitted el, for the perusal of Court.”
Supreme Court to allow CBNSat, SonicNet and LBN to nsmission with their equipment was still being abided by,
41


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but the status quo, which was supposed to be a tem hearing, will continue at least till mid-September, acc Court’s decision today.
President’s Counsel, Romesh De Silva, who appeared that his client had been operating for one year and made use of the company’s service. There had been prior to the sealing of its operations on 6 June this year
The Island reported also that the TRC, the Minister o and the CID will file further papers on the issue SonicNet Technologies and a few other similar compa The petition will be called before the Court again on 24 August 2006
Regarding the submission by President’s Counsel Pa that SonicNet Technologies should get the clearance Ministry to operate, the Supreme Court noted that the go through these formalities due to the security situatio
President’s Counsel Romesh de Silva, representing So the company was suffering heavy losses due to the cl competitors were seeking licences and the company w viewers Daily News, 24 August 2006
Sri Lanka Broadcast Media Report

as supposed to be a temporary compromise until today’s t till mid-September, according to reports of the Supreme
De Silva, who appeared for SonicNet Technologies, said rating for one year and both the SLTC and the TRC had service. There had been no allegations against his client ations on 6 June this year.
the TRC, the Minister of Media & Mass Communication er papers on the issue of granting a satellite licence to
few other similar companies. efore the Court again on 18 September, 2006. The Island,
President’s Counsel Palitha Kumarasinghe for the TRC should get the clearance and the approval of the Defence eme Court noted that the petitioner company might as well
ue to the security situation.
de Silva, representing SonicNet in the case, submitted that eavy losses due to the closure, saying that around 20 new ences and the company was therefore at a risk of losing its
st 2006
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Analysis
In analyzing the government’s actions against CBNSat, the
and the arguments made in court following its closure, th
issues that emerge.
First, why would a broadcasting company (SonicNet and
CBNSat) go to the trouble of obtaining an External Gateway
28 February, 2003, and then on 7 December, 2005, obtainin
the TRC, following which its sister company, CBNSat acq 11th of December 2005 from the TRC, if none of thes
functions it aimed to carry out? Assuming that these licenc
money to obtain, would it not have made sure, through ex
and enquiring as to the proper licences, that it paid for the ri
Secondly, why would the government grant these two c above35 and, following that, engage their services betwee
Rupavahini Corporation’s transmission to Palali in Jaffna, if
licence? This would mean that the government (the TRC
either did not know that CBNSat was operating with inappro
they were now clearly known by the SLRC to be using, or
that time. The alternative would be that, as far as all p
CBNSat was operating legally.
Thirdly, why was the company’s headquarters raided wit
TRC, SLRC or the Media Minister? We are aware from n
2006) that CID officers visited CBNSat’s offices and questi
issue in March this year, but such questioning by the CI
channels of enquiry as laid out in the TRC Act for investi requirements. According to Section 11 of the TRC Act3 ,
35 There are other licences SonicNet and CBNSat obtained for the bro discussed here, but are available for further reference at: CBNSat: Th . 36 “Telecommunications Regulatory Commission of Sri Lanka: Legis 
Sri Lanka Broadcast Media Report

ions against CBNSat, the company’s fault in the situation,
following its closure, there are several major perplexing
ompany (SonicNet and Communiq together operating as
ning an External Gateway (EGO) Licence from the TRC on
ecember, 2005, obtaining a Satellite Service Licence from
r company, CBNSat acquired a Vendor’s Licence on the
TRC, if none of these licences would suffice for the
ssuming that these licences all cost the company time and
e made sure, through explaining to the TRC its functions
ces, that it paid for the right ones?
ment grant these two companies the licences discussed
ge their services between January and June 2006 for the
sion to Palali in Jaffna, if CBNSat was operating without a
e government (the TRC, Media Minister and the SLRC)
as operating with inappropriate licences for the technology
he SLRC to be using, or that they did not mind this fact at
be that, as far as all parties involved were concerned,
headquarters raided without any prior warning from the
r? We are aware from news reports (The Island, 14 June
NSat’s offices and questioned their directors on the licence
h questioning by the CID does not constitute the proper
the TRC Act for investigating violations of the licensing n 11 of the TRC Act36,
NSat obtained for the broadcast of specific events that have not been eference at: CBNSat: The Digital World: Shutdown.” July 2006 y_so_far.pdf>.
sion of Sri Lanka: Legislation.” 2002
43


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(1) Where the Commission is satisfied that a person who
section 17 to operate a telecommunication system is any of the conditions of his licence, the Commissio make an order for the purpose of securing complia subject to subsection (3), revoke any such order. (2) Before making an order under subsection (1) the Comm
a) stating that it proposes to make the order and s b) stating the relevant condition of the licence an its opinion, constitute or would constitute con c) specifying the time (not being less than twenty
lication of the notice) within which representa posed order may be made, (3) Before revoking an order made under subsection (1), t a) stating that it proposes to revoke the order and b) specifying the time (not being less than twenty
lication of the notice) within which representa posed revocation may be made by any person
and shall consider any representations or objection withdrawn.
(4) A notice under subsection (2) or subsection (3) shal manner as the Commission considers appropriate for t to which the notice relates to the attention of persons l and by sending a copy of the notice to the operator affe (5) As soon as practicable after an order is made under sub
Commission shall –
a) publish the order in such manner as it conside bringing the order to the attention of persons l b) serve a copy of the order on the operator affec
We find the answer to this question at least, in Section 65(1)
authority to bypass all the procedure of forewarning the
indicating which part of the law they have violated, and ask
with the law, not to the TRC or the Media Minister, but to th
Section 65(1) states37:
“If a Magistrate is satisfied by information on oath t believing that, in contravention of the provisions of made thereunder, any telecommunication apparatus or is maintained or worked, or that any telecom imported, sold or offered for sale in any place or in or aircraft within his jurisdiction such Magistrate m police officer authorising that officer to enter and i
37 Ibid, Part V2 
Sri Lanka Broadcast Media Report

tisfied that a person who is authorized by a licence under ommunication system is contravening or has contravened licence, the Commission may, subject to subsection (2), ose of securing compliance with that condition or may ke any such order. r subsection (1) the Commission shall give notice –
s to make the order and setting out its effect; ondition of the licence and the acts or omissions which, in
or would constitute contraventions of it; and not being less than twenty eight days from the date of pub- ) within which representations or objections to the pro-
ade, e under subsection (1), the Commission shall give notice – s to revoke the order and setting out its effect; and not being less than twenty eight days from the date of pub- ) within which representations or objections to the pro- y be made by any person interested in such revocation,
presentations or objections which are duly made and not
) or subsection (3) shall be given by publication in such nsiders appropriate for the purpose of bringing the matters the attention of persons likely to be affected by such notice notice to the operator affected by it. n order is made under subsection (1) or subsection (3), the
uch manner as it considers appropriate for the purpose of the attention of persons likely to be affected by it; and rder on the operator affected by it.
at least, in Section 65(1) of the TRC Act, which grants the
dure of forewarning the operator by written statements,
ey have violated, and asking that they take steps to comply
Media Minister, but to the magistrate, “in certain cases.”
by information on oath that there is reasonable ground for tion of the provisions of this Act, or any regulation or rule ommunication apparatus has been installed, or established, ed, or that any telecommunication apparatus has been r sale in any place or in any vehicle or on board any ship iction such Magistrate may grant a search warrant to any hat officer to enter and inspect the place, vehicle, ship or
art_v2.htm>
44


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aircraft, and to seize any apparatus which appears to to be used for any telecommunication and whic imported, sold or offered for sale for the aforesaid pu
According to CBNSat’s lawyer, Mr Riad Ameen, the warra
officers who raided CBNSat, called for a search of the pr
equipment, and certainly not for the closure of their offic
night.
The warrant had also been obtained under Section 65(1)
magistrate power to authorize any police officer to enter and
and to seize any apparatus which appears to that officer t
TRC Act. According to Mr Ameen, both CBNSat an
Technologies, had the appropriate licences from the
telecommunications apparatus (satellite receiver dishes and
for maintaining and working telecommunications equipmen
While SonicNet maintained the equipment that receives si
various channels, decoded it, re-scrambled it and up-linked
CBNSat was responsible for selling customers with the
dishes to receive these channels from PanAmSat 12. A
SonicNet had obtained several licences from the TRC for t
were in line with the law as far as the TRC, the SLRC, the M
themselves were aware.
When speaking to the Sunday Leader about the CBNSat
satellite company should apply for a licence to rebroadcast
External Gateway Operator that, according to him, was n
"SonicNet, a subsidiary of CBNSat had obtained the licenc
had not got the licence for programmed transmission,"
external gateway licence for telephone calls. "It's for IDD
official explained. 38
38 “The Cable TV Fiasco.” Sunday Leader, July 2nd 2006
Sri Lanka Broadcast Media Report

paratus which appears to that officer to be used or intended mmunication and which appears to him to have been r sale for the aforesaid purposes.
r Riad Ameen, the warrant issued by the magistrate to the
d for a search of the premises, but not for the seizure of
he closure of their offices, which is what took place that
ed under Section 65(1) of the TRC Act, which gives the
police officer to enter and inspect any broadcaster’s offices
appears to that officer to be used in contravention of the
meen, both CBNSat and its sister company, SonicNet
ate licences from the TRC for buying and selling
llite receiver dishes and decoders for customers) as well as
mmunications equipment.
uipment that receives signals from satellites broadcasting
rambled it and up-linked to a new satellite, PanAmSat 12,
ng customers with the decoding equipment and satellite
from PanAmSat 12. As described above, CBNSat and
nces from the TRC for the operation of their services and
he TRC, the SLRC, the Media Minister and the companies
ader about the CBNSat case, a TRC official said that a
a licence to rebroadcast programmes, but had obtained an
according to him, was not applicable to their operations:
t had obtained the licence for a totally different purpose. It
rammed transmission," he said, adding that it was an
one calls. "It's for IDD calls and not for rebroadcast," the
uly 2nd 2006
45


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An External Gateway Operator Licence (EGO), according to
the provision of, “by any Connectable System, International
ogy, including to originate Voice Calls...” According to the
section, ‘International service,’ is defined as:
“(a) the carriage of Messages between a place within S Lanka; or (b) the provision of bandwidth or facilities between an station or satellite earth station in Sri Lanka and a plac transponder on a satellite)...”
The messages referred to here are said to constitute “music,
stage performances, writing, facsimiles, images or pictures
the licence does not authorize the provision of are:
a) communications to or between aircraft; b) communications between satellite mobile han
and c) communications between:
i) satellites and very small aperture s ii) satellites and any other earth statio to which customers are directly connect telecommunications network operated by a L
“Telecommunications,” as defined by the EGO interpretatio
transmission, emission or reception of signs, signals, writing
any nature by optical means or by wire or radio wav system.”39
It therefore seems that CBNSat’s operations do fall under
TRC and that the EGO licence is certainly concerned with m
the TRC official that was interviewed had claimed.
Under section 28 (1), an operator violates the TRC Act
station without a proper licence, and if so, certain steps det
position is that they are not operating a TV broadcasting
39 “Telecommunications Regulatory Commission of Sri Lanka: Exter 
Sri Lanka Broadcast Media Report

ence (EGO), according to text of the licence itself, allows
ble System, International Services utilizing any technol-
alls...” According to the EGO Licence’s interpretation
efined as:
between a place within Sri Lanka and a place outside Sri
h or facilities between an External Gateway Facility, cable n in Sri Lanka and a place outside Sri Lanka (including a
said to constitute “music, conversations, speeches, lectures,
iles, images or pictures and the like.” The services that
rovision of are:
r between aircraft;
een satellite mobile handsets in Sri Lanka and satellites;
een: and very small aperture satellite Earth station (VSAT); or and any other earth station, rs are directly connected, other than by means of a
network operated by a Local Operator.
by the EGO interpretations section, is the “making of any
of signs, signals, writing, images, sound or intelligence of
by wire or radio waves or any other electromagnetic
operations do fall under these definitions laid out by the
ertainly concerned with more than just the voice telephony
ed had claimed.
r violates the TRC Act if it operates a TV broadcasting
d if so, certain steps detailed above can be taken. CBN’s
ting a TV broadcasting station, but if the Media Minister
sion of Sri Lanka: External Gateway Operator Licences.” 2002
46


Page 47
insists that they are, they should be issued a licence and all
cannot have it both ways – they insist that CBNSat is a bro
them a licence despite their application for both new TRC
to broadcast after the shutdown on 6 June.
The most likely explanation for this order from the Magistra
B A C Abeywardana accusing CBNSat of not possessin
Licence had such influence with the TRC and the Media Mi
the alleged LTTE content broadcasting) that it was consid
down the company without prior warning.
Sri Lanka Broadcast Media Report

e issued a licence and allowed to reopen. The government
sist that CBNSat is a broadcast station, but have not given
ation for both new TRC licences and a Rupavahini licence
6 June.
s order from the Magistrate is therefore that the letter from
BNSat of not possessing a proper Private Broadcasting
e TRC and the Media Minister (taken in consideration with
sting) that it was considered justification enough to shut
arning.
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Ways Forward
Sri Lanka’s broadcasting authorities must keep pace in thei technology by researching and involving themselves with th of this forward-thinking legislative process, India’s publi Bharati (Broadcasting Corporation of India) has listed thes its future:
▪ Direct-to-home (DTH) systems. These have be Europe, North America, Japan, etc. DTH mak households, about 200 TV channels. DTH will and options, and these should be quickly seized.
▪ Digitalisation and digital compression technolo many as 6 channels within the same bandwidth channel. Importantly, digitalisation will also fa of multiple audio channels along with the same a country like India which has several regional l
▪ Digital Audio Broadcasting and satellite deliv delivery of hundreds of CD quality audio chann radio receiveRs
▪ Digital Terrestrial Television: this will make channels within limited bandwidths, so that ho quality digital channels directly from their local the receiver to have special equipment (‘set top
▪ New technologies in programme production production” stage, involving use of comput techniques.
▪ New developments which make it possible to less expensive terminals for up-linking TV/radio
▪ Internet and the whole area of broad-band m video is already here, and some countries ha broad-band Internet.
▪ Interactive TV, combining features of tradit those of the Net.
The broadcaster adds,
Taking note of these and other related technologic that...Prasar Bharati must be at the forefront of technologies for furthering the objectives of publ active and vigorous manner. To provide focus a responsibility of the Head of Technology, assiste exploring new technological opportunities on an on add and efficiently exploit the potential of new t Prasar Bharati implement projects in these areas by and strategic tie ups, preferably in a corporate struc
Sri Lanka Broadcast Media Report

s must keep pace in their regulations with the advances in olving themselves with these technologies. As an example e process, India’s public broadcast authority, the Prasar of India) has listed these new technologies as essential to
systems. These have been operational for some years in a, Japan, etc. DTH makes it possible to deliver, direct to TV channels. DTH will provide many more opportunities should be quickly seized. tal compression technology will enable the delivery of as thin the same bandwidth as is being presently used for one digitalisation will also facilitate the simultaneous carriage nels along with the same video. This will be most useful in
ich has several regional languages. asting and satellite delivered radio which will enable the f CD quality audio channels to portable and fixed location
evision: this will make it possible to broadcast multiple d bandwidths, so that homes can receive numerous high- s directly from their local TV. However this would require ecial equipment (‘set top box’).
programme production and especially in the “post- volving use of computers, new digital equipment and
ich make it possible to have smaller, more portable and ls for up-linking TV/radio programmes to satellites. e area of broad-band multi-media. Streaming audio and and some countries have already created capacities for
ining features of traditional broadcast technology with
other related technological developments, we recommend be at the forefront of adopting and utilising these new the objectives of public-service broadcasting in a pro- er. To provide focus and thrust to this should be the of Technology, assisted by a small team, dedicated to l opportunities on an on-going basis. In order to quickly t the potential of new technologies, we recommend that rojects in these areas by pro actively pursuing partnerships ably in a corporate structure. This approach will have the
48


Page 49
additional advantage in receiving know how from investments in new areas are based on a realis viability.40
The Indian Ministry of Information & Broadcasting is also broadcasting bill that encompasses these emerging technol on the bill, says it is
... examining the issue of introducing a legislation t casting services consequent upon the judgment of Association of Bengal case delivered in 1995 that have to be controlled and regulated by public authori
...In 1995 the Cable Television Networks Act was business and their operations. Most of the other were being accomplished by issuing guidelines such nels, DTH, FM Radio, Community Radio and Down
The proposed Broadcasting Services Regulation Bill
(i) To provide legislative sanction retroactive various regulatory aspects such as television ing, private FM Radio and Community Radio
(ii) To set up a new Broadcasting Regulatory A regulatory functions presently being perform new authority. (iii) To incorporate the provisions of the existing
lation Act in the new legislation through appr and provide for licensing of cable operators
(iv) To make enabling provisions on the followin (a) Cross media ownership and restrictions provide for competition and plurality of v (b) Minimum domestically sourced content i digenous media/entertainment industry, p tion and gaming etc.
(c) Minimum obligations on all channels f their programme and advertising content.
The Ministry of Information & Broadcasting propo broadcasting industry organizations to obtain their sues proposed to be covered in the Broadcasting S ingly, the draft of the proposed legislation, indicatin istry of Information & Broadcasting is put on the M
40 “Prasar Bharati (Broadcasting Corporation of India): Review Comm New Technologies.” 25 Sept. 2006 
49


Page 50
preciated that these are not the final views of the Mi These will be further refined after the process of co broadcasting industry as well as concerned Ministri net will consider the final contours of the proposed le
In addition to accommodating for advances in technology i plified by the Indian broadcast authorities, it is also importa independent broadcasting authority whose interests will rem Lanka and not overwhelmingly with the government or with
There are ways through which a government can keep it national security and welfare are not trumped by private i include the adoption of improper channels of procedure in LBN cable that we have seen in this case. If the governm that these two companies, and not other private broadcaste have followed the regulations set out in the very Acts i compliance with the law (TRC Act and the Rupavahini A specific procedural delays (e.g. informing the operator in timeframe for response and remediation before punitive acti undue interference in the operation of the media.
According to Article 19’s Toby Mendel,
Every country imposes restrictions on freedom of security and public order. However, such restrictio clearly and narrowly drawn, if they are applied by governmental or political influence, and if there i proscribed expression and the risk of harm to nat addition, the guarantee of freedom of expression m these restrictions may not be disproportionate to the
It appears that under the current regime of governmental co and regulatory functions of Sri Lanka, this careful balancin security is lost.
Perhaps the existence of an independent broadcasting auth broadcasting regulations currently prescribed by the Rupav might have avoided the confusion that followed the a broadcasters ‘in the meanwhile’ as new laws were being c
41 “Ministry of Information & Broadcasting, India: Consultation Pape Services Regulation Bill.” 2006 .
Sri Lanka Broadcast Media Report

the final views of the Ministry or the Central Government. d after the process of consultation with the media and the ll as concerned Ministries is over and thereafter the Cabi- ontours of the proposed legislation...41
advances in technology in a constructive manner as exem- horities, it is also important to consider moving towards an whose interests will remain solely with the citizens of Sri h the government or with private interests.
government can keep its media in line, and ensure that not trumped by private interests. These do not, however, channels of procedure in order to shut down CBNSat and his case. If the government had indeed discovered reason other private broadcasters, must be shut down, it should out in the very Acts it used in its accusations of non- ct and the Rupavahini Act). Both of these Acts set out nforming the operator in writing and allowing a certain ation before punitive action is taken) that aim to avoid such
of the media.
ndel,
trictions on freedom of expression to safeguard national However, such restrictions are only legitimate if they are n, if they are applied by bodies which are independent of influence, and if there is a sufficient nexus between the the risk of harm to national security or public order. In freedom of expression means that sanctions for breach of e disproportionate to the harm caused. 42
gime of governmental control over the broadcast licensing nka, this careful balancing of media freedom with national
endent broadcasting authority, one that both encompasses prescribed by the Rupavahini Act and distributes licences, on that followed the arbitrary closures of two private s new laws were being created to sufficiently and clearly
India: Consultation Paper on the proposed draft of Broadcasting
nsultationPapeRegulation%20Bill.htm>
ted on Leader Publications (Pvt) Limited Vs. Ariya Rubasinghe,
uthority, et al.” Article 19 

Page 51
address the new technologies of satellite and cable broadcas
In its decision to turn down the Public Broadcasting Authori
[t]he ultimate guarantor that the limited airwaves/fr benefit of the public is the state. This does not mean airwaves/frequencies should be placed in the hands o time being. The airwaves/frequencies, as we have public property. In this area, a government is a tr duty is to provide an independent statutory authorit People in the exercise of their fundamental rights: freedoms of though and speech, including the right jeopardy.43
From this case study of CBNSat’s closure, we see that the served, and the government has not acted in the interests of a deaf ear to their pleas for a restoration of cable and sate discussed here are only a brief overview of what migh infringement of the media and public’s fundamental rights working towards these two goals in Sri Lanka already, w transparent and public-focussed broadcast media regulation
43 In Re The Broadcasting Authority Bill, S.D. No 1/97. 15/97, delive
Sri Lanka Broadcast Media Report

tellite and cable broadcasting.
lic Broadcasting Authority bill, the Supreme Court said,
t the limited airwaves/frequencies shall be utilized for the tate. This does not mean that the regulation and control of d be placed in the hands of the government in office for the frequencies, as we have seen, are universally regarded as ea, a government is a trustee for the public; its right and endent statutory authority to safeguard the interests of the heir fundamental rights: No more, no less. Otherwise the eech, including the right to information, will be placed in
closure, we see that the benefit of the public has not been t acted in the interests of the public, but has, rather, turned oration of cable and satellite services. The ways forward overview of what might be done in response to such blic’s fundamental rights, and there are many institutions in Sri Lanka already, with the aim of engendering more adcast media regulation and support.
. No 1/97. 15/97, delivered on 5 May, 1997
51


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54