By The Pulseline News Desk
The Supreme Court (SC) has found several provisions of the Chartered Institute of Media Professionals of Sri Lanka Bill inconsistent with the Constitution, raising constitutional concerns over provisions relating to equality and the freedom of expression.
Speaker Jagath Wickramaratne informed Parliament today (8) that the determination was issued following a challenge to the Bill under Article 121(1) of the Constitution.
According to the determination, Clause 3(1) was found to be vague and inconsistent with Articles 12(1) and 14(1)(g) of the Constitution, which guarantee equality before the law and freedom of speech and expression, respectively.
The Court has held that the clause could only be passed with a special majority under Article 84(2). However, the constitutional inconsistency would be removed if the relevant provision is deleted.
The Supreme Court has also found Clause 4(o) inconsistent with Articles 12(1) and 14(1)(g). The provision would therefore require a special majority unless it is amended in accordance with the changes proposed by the Court.
A further constitutional issue was identified in Clause 5(4b), which the Court has ruled inconsistent with Article 12(1). The provision would require a special majority under Article 84(2), unless amended as directed by the Court.
The remaining provisions of the Bill were found not to be inconsistent with the Constitution.
The determination does not prevent Parliament from proceeding with the Bill, but it places specific conditions on its passage.
The Government will therefore have to either incorporate the amendments proposed by the Supreme Court or secure the required special majority for provisions where the constitutional inconsistency remains.
The Court’s findings are particularly significant given that the Bill seeks to establish a statutory professional body for media professionals, making the scope and wording of its provisions relevant to constitutional guarantees of equality and freedom of expression.
With the Supreme Court determination now communicated to Parliament, debate on the Bill can proceed, subject to the constitutional requirements set out by the Court.
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