Media Freedom In Sri Lanka | Constitutional Guarantees and High-Profile Cases

Media Freedom Under Siege: Analyzing Sri Lanka’s Constitutional Guarantees and High-Profile Cases

Introduction

Sri Lanka’s relationship with press freedom has long been fraught with tension, marked by violence, censorship, and legal ambiguity. Since 1992, at least 19 journalists have been murdered with impunity, according to the Committee to Protect Journalists (CPJ). Many of these cases remain unresolved, a testament to the culture of fear and silence imposed on the country’s media.

Despite constitutional guarantees, including Article 14(1)(a) of the Sri Lankan Constitution, which ensures freedom of expression, the press operates under severe constraints. The Prevention of Terrorism Act (PTA), emergency regulations, and state-sanctioned intimidation have systematically eroded journalistic independence.

To understand the extent of this suppression, we examine three emblematic cases—Richard de Zoysa, Lasantha Wickramatunga, and Prageeth Ekneligoda—whose fates illustrate the perils of journalism in Sri Lanka. Their stories highlight not only the risks faced by journalists but also the urgent need for legal and institutional reforms to safeguard the press.

Few figures capture the dangers of Sri Lankan journalism as vividly as Richard de Zoysa. A journalist, poet, and activist, de Zoysa was a vocal critic of state-sponsored violence and human rights abuses in the late 1980s. As Sri Lanka was engulfed in political turmoil, his fearless reporting made him a target of government forces.

On February 18, 1990, armed men stormed his home and abducted him. His brutalized body was discovered the next day, dumped on a beach south of Colombo. Amnesty International and other human rights organizations strongly suggested state involvement, but no one has ever been brought to justice. His murder sent a clear message: dissent would not be tolerated. As academic Rajiva Wijesinha noted, “Richard represented the voice of the silenced. His murder was a warning to dissenters.”

Lasantha Wickramatunga, editor of The Sunday Leader, was a journalist who understood the lethal risks of his profession. His investigative reporting exposed corruption, state mismanagement, and human rights violations, often making him the subject of lawsuits and threats. Yet, he remained resolute, using journalism as a tool to hold power to account.

On January 8, 2009, Wickramatunga was assassinated in broad daylight, just outside Colombo. His murder, like de Zoysa’s, remains unsolved, highlighting the deep-rooted impunity that allows such crimes to go unpunished.

Perhaps the most chilling testament to his foresight was his posthumous editorial, published after his death:

“No other profession calls on its practitioners to lay down their lives for their art save the armed forces and, in Sri Lanka, journalism.”

His words, eerily prophetic, underscore the existential threat faced by journalists in the country.

Unlike de Zoysa and Wickramatunga, whose deaths were confirmed, Prageeth Ekneligoda remains missing. A journalist and political cartoonist, Ekneligoda was known for his investigative work on war crimes and government corruption. His reports frequently challenged the official narratives of Sri Lanka’s civil war.

On January 24, 2010, just days before Sri Lanka’s presidential election, he disappeared. His family, especially his wife Sandya Ekneligoda, has spent over a decade demanding justice, but legal proceedings have been slow and obstructed by political influence.

The CPJ ranks Sri Lanka among the worst countries for unsolved journalist murders, and Ekneligoda’s case epitomizes this crisis. His disappearance serves as a stark reminder that even in a post-war era, silence is often enforced through fear, rather than law.

While Sri Lanka’s Constitution nominally upholds press freedom, legislative amendments over the years have eroded, restored, and then again curtailed these protections:

• The First Amendment (1978): Introduced restrictions on free speech under the guise of national security.

• The Eighteenth Amendment (2010): Strengthened executive power, weakening judicial and institutional safeguards for press freedom.

• The Nineteenth Amendment (2015): Momentarily restored democratic checks and improved media independence.

• The Twentieth Amendment (2020): Re-centralized power within the executive branch, once again curbing dissent.

These amendments illustrate how constitutional guarantees are not absolute, but rather vulnerable to political manipulation. The press remains at the mercy of those in power, rather than being protected by law.

Despite these challenges, efforts to protect press freedom continue:

• The Right to Information Act (2016) has empowered journalists by granting them access to government-held information. However, its enforcement is inconsistent.

• The Twenty-First Amendment (2022) was introduced as a corrective measure to limit executive overreach, though its long-term impact remains uncertain.

• Independent journalism in Sri Lanka continues to face intimidation, economic pressures, and digital surveillance, making it imperative for civil society and international watchdogs to remain vigilant.

The struggle for press freedom is far from over. Yet, every investigative report, every act of resistance, and every journalist who refuses to be silenced adds another layer of resilience to this fight.

The stories of Richard de Zoysa, Lasantha Wickramatunga, and Prageeth Ekneligoda are not just tragic accounts of individual lives lost. They represent the broader reality of press suppression in Sri Lanka. Journalism in the country remains a dangerous pursuit, where the price of truth can be intimidation, exile, disappearance, or death.

And yet, journalists persist.

The fundamental question remains: Will Sri Lanka uphold the promises of its Constitution, or will it continue down the path of suppression? The answer will determine not just the fate of the press, but the very foundation of democracy in the nation.

1. What are Sri Lanka’s constitutional guarantees for media freedom?

Sri Lanka’s Constitution, particularly Article 14(1)(a), guarantees freedom of expression. However, this right is frequently undermined by emergency laws, defamation lawsuits, and political interference.

2. How have amendments like the 18th and 20th impacted journalists?

The Eighteenth Amendment (2010) removed independent oversight, giving the executive branch unchecked control. The Twentieth Amendment (2020) further consolidated executive power, intensifying censorship and restrictions on media.

3. What can be done to improve justice for journalists in Sri Lanka?

• Strengthening independent investigations into journalist killings.

• Ensuring full implementation of the The Right to Information Act (2016).

• Increasing international pressure on Sri Lanka to uphold press freedoms. • Encouraging public awareness and civil society engagement to demand justice.

Sri Lanka stands at a crossroads. The future of its press – and by extension, its democracy – depends on whether the country chooses to protect or suppress the voices that seek to inform and empower its people.