Supreme Court concludes hearing on petitions against Telecommunications Regulatory Bill

Colombo: The Supreme Court today (28) concluded the hearing of petitions filed against the Telecommunications Regulatory (Amendments) Bill. According to a Hiru reporter, the court will confidentially forward its determination to the Speaker of the Parliament.

The petition hearing was conducted before a three-member Supreme Court bench consisting of Chief Justice Jayantha Jayasuriya, Murdu Fernando, and Janak de Silva.

During the proceedings, President's Counsel Jagath Wickramanayake, representing the Association of Electronic Broadcasters, argued that the proposed bill's provisions would undermine the independence of the Telecommunications Regulatory Commission by placing it under the direct control of the Minister of Finance. He highlighted that the bill grants the commission arbitrary powers over radio wave allocation, license issuance, and revocation, thereby infringing on fundamental rights, including the freedom of expression.

Wickramanayake contended that granting such unrestricted powers to the commission would unfairly prejudice institutions that have held radio waves for decades and violate constitutional principles.

In response, Additional Solicitor General Sumathi Dharmawardena, representing the Attorney General, stated that the bill aims to enhance telecommunication services for the public by developing necessary infrastructure and updating existing regulations. He refuted the petitioners' claims, emphasizing that the commission would not act arbitrarily as it would include three experts from the fields of law, economics, and engineering. He further argued that the bill seeks to protect the public from false information and that existing emergency broadcast directives have never been misused historically.

The Supreme Court, after hearing the oral arguments, ordered the submission of written statements by 3:00 pm on the 30th of this month. The court then concluded the hearing and announced that its confidential determination on the petitions would be sent to the Speaker of the Parliament.