Media Sector Reforms in Sri Lanka:

Some ‘Big Picture’ Thoughts

By Nalaka GunawardeneTalk to Sri Lanka Media Reform Working Group

SLPI, Colombo: 20 March 2015

Where I come from… A hybrid: raised on ‘old media’, but now

active across both old and new media Once full-time practitioner, now freelancer

working with multiple media outlets Watcher + chronicler of origins and rise of

web & web-based media in Lanka: 1995 Occasional media researcher Media lecturer (UofC, UofSJP) & trainer

Balancing Acts…We need to keep in mind on media reform: Freedom of Expression ↔ societal stability Public interest ↔ private enterprise Public security ↔ privacy of individuals Official secrets ↔ public’s right to know Profit making ↔ media industry growth Media owners ↔ media practitioners Media industry ↔ media

consumers/audience

One vehicle, different sized wheels:A popular Russian children’s story

Apt analogy for Lankan media industry today?

4 wheels = elements of varying size & influence: Media owners Advertisers (incl agencies) Content-makers (journos,

producers, technicians) Consumers: audiences

LKA govt is everywhere!

ොොොොොොොොො ොොොොො

What’s to be done? Until and unless we

address ALL FOUR elements, media reform won’t be complete! Owners Advertisers Content-makers Consumers

How animals in the story resolved it…

Media Owners: Public interest or Vested interests?

The largest wheel?

Media owners/Press Barons:Public interest or Vested interests? Market freedom allows owning & operating

media as profit-making enterprises But media ownership need special scrutiny In Lanka: Media ownership details are not

transparent (real owners often behind scene) Many media owners have other biz and/or

political interests: Influence peddling Open to private deals

Sri Lanka’s “Free” Media & Owners:Turning spotlight on the industry…

“In the final count isn’t it the raison d’etre of the editors and publishers in Sri Lanka to promote the cause of excellent journalism in this country? Isn’t it their mandate to strengthen and protect journalists from discrimination, threats and harassment? Isn’t it their duty to promote the rule of law and democratic values of which the bedrock is a free Press?” - Frederica Jansz, The Sunday Leader 31 Oct 2010 http://goo.gl/kefWRQ

Broadcasting ownership in Sri Lanka: State + political cronies occupy airwaves

State as sole broadcaster for decades Radio (1925 to 1992) TV (1979 to 1992) ITN started as private co but taken

over by govt within 3 months Partial ‘liberalisation’ of airwaves

started in 1992, but… FM radio & TV broadcasting licenses given

selectively to ‘friends’ of various regimes since then = Looting of E-M Spectrum

Sri Lanka: Terrestrial TV channels

At least 22

free-to-air

terrestrial

TV channels

(Source:

Dirimaga

magazine,

Jan-March

2015 issue)

Satellite/Cable TV channels in Sri Lanka: as at Jan 2015

(Source:

Dirimaga

magazine,

Jan-March

2015 issue)

A glass quarter full?Partial liberalisation of airwaves…

Better than SLBC & SLRC being only shows in town! NO due process or transparent procedure for

broadcast licensing: Licenses granted entirely at political discretion License terms & conditions also vary (from practically

none to many) No regulator governing broadcast sector Only state and private companies allowed to

broadcast: no community broadcasting! No legal mandate or institutions for public service

broadcasting

Scarcity fuels ‘Black market’ in Lankan broadcast licenses?

ALL private radio & TV licenses in use today in Sri Lanka obtained thru the ‘backdoor’

Broadcast licenses: scarce highly valued exchange hands reportedly for large sums of money (=a black market!)

Also, private broadcast owners beholden to govt in office (license can be revoked anytime)

Attempts (in 2012/3) to standarise existing licenses resisted by some operators: WHY?

Lankan state is everywhere!A pervasive presence in the media

“…It has focussed attention on the role of the Sri Lankan state as regulator, newspaper proprietor, broadcaster and enforcer of last resort, as well as the implications of such a concentration of power for the public interest, the reflection of diverse opinions and the role of the fourth estate in holding government to account…” (Chapter 1, p11)

Embattled Media: Democracy, Governance and Reform in Sri Lanka (Sage, Feb 2015)

Inaugurating Rupavahini in Feb 1982, President Jayewardene wished it to be a ‘sathya-vahini’ (dispenser of truth). But it was cartoonist Wijesoma’s prophecy of Party-vahini that happened!

How state-owned media becomes ruling party propaganda outlets…

Before and After Presidential Election on 8 January 2015

Print Media Ownership:What Reform potential? At a minimum: improve transparency in

media ownership by better public disclosure India: mandatory public disclosure (printed in

own newspapers, magazines) of publisher, editor and printer details on regular basis

Should the state be involved in newspaper publishing at all? (broadbasing ANCL/Lake House ownership, as per RKW Goonesekere committee recommendations, 1996)

Lake House newspapers, Dec 2014:Do we laugh or cry over these?

Broadcast Media Ownership:What Reform potential?

Currently, Lanka state owns/operates some radio & TV channels + also regulates whole broadcast sector

At a minimum: adopt a law covering all broadcasting Right now, private owned channels get:

Media License issued by Min of Mass Media (under sect 44 of Sri Lanka Broadcasting Corporation Act No 37 of 1966)

Frequency allocated by Telecom Regulatory Commission under Telecom Act – see: http://www.trc.gov.lk/2014-07-25-12-05-25/uhf-vhf-tv-broadcasting.html

An independent broadcast regulator? Or a Media Commission covering all media?

An independent media commission?Analysis by Asanga Welikala, Jan 2015

To be set up on the recommendation of Constitutional Council and representing working journalists, academics, proprietors and new media…

“Its primary role would be to oversee the public service media institutions, but may include other powers and functions, including the regulation of the (new and traditional) media marketplace, and to promote the freedom of expression in all its forms including through new technology.”

http://groundviews.org/2015/01/17/securing-the-freedom-of-expression-in-the-new-sri-lanka-essential-institutional-reforms/

We must also strive for truly community media!

Since 1980s, Lanka has had pseudo ‘community radio’ – fully owned & operated by the state’s SLBC!

Emerging online: some web radios (e.g. Radio Kalutara http://www.radiokalutara.com) – just leave them alone to find their own niches!

Legally set aside some frequencies for genuine community broadcasting – e.g. Thailand has allocated 20% of FM band for community radio

Lower ‘entry barriers’ to broadcasting so universities, civil soc & comm groups can start localised radios?

Concern: Lanka’s FM band is now saturated!

Adapting ‘public service broadcasting’ to suit Lankan realities?“The evidence shows that we in Sri Lanka are incapable of sustaining “independent” public media like the BBC. We should accept that fact and try something else, namely, a fund for public media content. Here, meritorious content that is unlikely to be produced by private producers under commercial considerations would be carefully defined and subsidized…”- Prof Rohan Samarajiva, LBO 14 Jan 2015

http://www.lankabusinessonline.com/news/public-media-or-public-media-organizations-in-sri-lanka/393427886

Advertisers:Necessary - but too influential?

After owners, arguably second largest wheel?

Sri Lanka: Total ad spend of LKR 77b in 2014 (mostly in mainstream media)

Source: NeilsenBased on monitored activities & rate card cost

Advertising as ‘soft control’ Government as one of the biggest advertisers

Official notices for public information: needed Ruling party propaganda paid with govt funds??? Election campaigning by incumbent Presidents

Govt ads sustains much of state-owned media Govt ads also used for pvt media control

Sycophancy rewarded with lots of govt ads Critical media threatened with govt ad withdrawal Needless ads created just to reward some media?

Presidential Election Jan 2015:What total advertising spend? No one really knows: parties not required to

declare campaign donations or costs

One estimate shortly after election ended: Rajapaksa: LKR 2.03 billion (USD 15m approx)

All came from public funds and budget for president’s office and other ministries

Sirisena: LKR 676 million (USD 5m approx) Cost of airtime & print space buying only (not

covering production costs)Source: The Sunday Times (Sri Lanka): 15 Jan 2015

http://www.sundaytimes.lk/150118/business-times/former-president-spent-over-rs-2-bln-in-state-funds-on-election-ads-130623.html

Sri Lanka: Who decides on spendingLKR 77 billion/year advertising budget?

Who decides on this ad-spend across different media sectors and outlets?

Using what basis or criteria? Considering massive financial influence,

there is little or no public scrutiny! Highly secretive, subjective process? Challenge: How to balance free market

enterprise with more evidence-based allocation of ad budgets?

Broadcast media advertising:LMRB domination & high secrecy

Lanka Market Research Bureau (LMRB) radio & TV ratings largely determines ad spend by ad agencies and their clients

Long-standing concerns on LMRB methodology: People’s Meter (for TV); Diary method (for radio) Small, unrepresentative sample (500 for whole LKA?) Open to manipulations? (as alleged by some media)

May 2014: Media Ministry calls for “greater transparency in broadcast media ratings system”

LMRB’s media ratings systemquestioned & challenged

Dr Charitha Herath (then Secy, Media Min):“…several private and state television channels have lodged complaints with the Ministry of Mass Media…challenging the transparency and trustworthiness of the reports presented by several rating agencies operating in Sri Lanka”

4 June 2014: Media Ministry holds meeting with broadcasters on current rating system: Media minister clarifies: ‘govt will not get involved or fund an alternative system’

LMRB questioned & challenged 14 June: Maharaja Chairman writes to all ad agencies

voicing concerns on LMRB’s system June 2014: Ceylon Newspapers Ltd sues LMRB in

Colombo District Court claiming damages on losses from “not conducting proper, independent research” on newspaper circulation

22 June 2014: LMRB press release says:

“We believe that the audience data generated from the RapidMeter System have already begun to contribute positively to the needs of all the stakeholders in the TV industry…”

How to improve media ratings and circulation figures in Sri Lanka?

Audited circulation by independent body (not any publisher) as done in USA, Europe, India

Have at least 2 robust broadcast ratings systems, competing yet both using transparent methodologies

In India, ratings companies are monitored by: Indian Society of Advertisers (ISA), Indian Broadcast Foundation (IBF), Advertising Agencies Association of India (AAAI)

Watch out: Digital marketing & web media advertising growing…

Sri Lanka digital ad spend 4-5% (as estimated by GroupM’s South Asia CEO, Dec 2014)

Developed media economies: 20-25% Largest medium for advertising in UK: Google

(has more advertising than all print publication & TV channels)

What monitoring or regulation possible over a trans-boundary advertising medium like web?

How will this affect LKA media viability?

Media Practitioners:Content creators, curators, moderators

Essential - but imperfect – third wheel…

Who is a media practitioner? Print: Editors, journalists, photojournalists Broadcast: News journalists, producers,

technical staff (camera, sound, edit, etc.) New media: website content creators,

webmasters, bloggers, micro-bloggers, etc. Demarcations are blurred in this era of media

convergence: more multimedia journalists! Do media managers get counted too?

Media Practitioner issues (with potential for improvement)

Guaranteeing personal safety from physical violence, legal harassment

Safeguarding editorial freedom (from govt and/or pvt owners, also from advertisers)

Employment & income security (why do highly profitable media cos pay poor salaries?)

Promoting right to form/belong to trade unions and professional associations

Need for continuing education & training

Most media supports social justice…But it must begin at home!

Institutional policies & practices need improvement: Aspiring for gender equality at media offices Prevention of sexual harassment Ethics training and counselling Trauma counselling for journalists exposed to war,

crime, disaster situations Legal guidance on human rights, libel, defamation AND

fairness in reporting Ending widespread exploitation of provincial corrs +

freelancers (very poorly paid by ALL media orgs)

Tweet that resonated with many LKA media practitioners…

Media Consumers: ‘Former Audience’, Now Empowered

Smallest wheel – but can no longer be ignored!

Conventional media structures… Owners, advertisers & paid

practitioners manufacture media content (mostly passive) audiences

Limited opportunity for audience engagement (letters to editor; phone-in shows)

Audience is taken for granted Notion of all-knowing media

‘informing’ & ‘enlightening’ mass audiences

Much of Lankan mediastill operateson this basis!

Lankan media consumers/audience… Has little/no voice in shaping media content Limited choice of real alternatives (despite

growth in No of publications & channels) Those outside Western Province especially

disadvantaged: 90% of Lankan media is produced in Greater Colombo

COLOMBO CALLING: still our media’s slogan? Second media hubs emerging in Jaffna and

maybe Kandy – need more nurturing

Wanted, Urgent: Better Media Literacy in Sri Lanka!

Basic literacy high in Lanka, but mass media literacy & new media literacy still very low

Critically assessing media content: not yet a common habit (leaves much room for manipulation of public mind, e.g. done by state media during elections)

Many public myths & fears about new media Internet as a ‘tool of western domination’ Mobile phones as ‘corrupting youth’

Media reforms need a media literate public!

New media

Who is publishing online now (since late 1990s)?

In THEORY, at least: Anybody can be a reporter,

commentator, analyst Anybody can be an editor or

publisher: no gatekeeper! Only tools needed: web

connected PC/smartphone No longer passive consumers of

mainstream media (MSM)!By Dan Gillmor, 2004

Who is a journalist today?It’s the SONG, not the SINGER!

Citizen Journalism (CJ) in 21st Century Sri Lanka…

Bloggers: 3,000+ in Sinhala, Tamil or English or mixed media

Blog aggregators: listing latest blog posts Twitter users: 25,000+ in Sinhala, Tamil,

English or hybrid Facebook: 2.4 million+ accounts. Only

some using it in PUBLIC setting to discuss matters of public interest

Dedicated CJ websites: Groundviews, Vikalpa, Maataram, etc.

We need both Mainstream MediaAND Citizen Media!

New media issues forSri Lanka media policy & law reforms

Needed: clear state policy & procedure for state engaging new media practitioners (or at least for state to keep out of the way!)

Regular bloggers deserve some legal protection & recognition

Media accreditation: should bloggers with a wide following be considered for this?

Clarity on web censoring process: criteria, judicial oversight and public disclosure for exceptional cases of blocking websites

Even under current govt,SLT Broadband still blocks TamilNet!

As at 19 March 2015, www.tamilnet.com still not accessible from SLT Broadband but Dialog Broadband allows it. WHY?

Summing up:Reform Necessary, Not Sufficient

Enabling policies, laws and regulations can create better environment for media

But improving our media culture also needs… More integrity from owners & practitioners Greater professionalism by practitioners Unwavering commitment to public interest Media houses practising what they preach to soc

Everyone of us is part of the ‘media vehicle’

Change begins with each one of us!

State of media in Sri Lanka today? Change must begin from within…

Cartoon By Gihan de Chickera, Daily Mirror, 18 June 2014

Ravaya columns online:http://nalakagunawardene.com/ravaya-column/Twitter: http://twitter.com/NalakaGBooks: http://nalakagunawardene.com/books/

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