Read More: http://groundviews.org/2018/04/11/lanka-e-news-blocked-on-order-from-presidents-office-rti-reveals/
In December 2017, Groundviews received a list of 13 websites that had been blocked from 2015 onwards by the Telecommunications Regulatory Commission (TRC), via a Right to Information request. The documentation uncovered the process that goes into blocking a website in Sri Lanka. In at least four instances, the order came directly from the Presidential Secretariat, who via the Media Ministry made applications to block specific websites, often on the grounds of providing incorrect or false information about the President.
Subsequent information received by Groundviews confirms that the website Lanka E News was blocked following a complaint from the office of the President in November 2017. This information was initially denied to Groundviews on national security grounds, but has since been released following an appeal to the RTI Commission.
The following were the questions Groundviews posed in the original RTI request.
- Complaints against news websites received by TRC from January 2015 to date and identity of authorities making requests
- Any websites blocked to ISPs in Sri Lanka as a result of complaints from 2015 onwards, and reasons given for the block
- Any complaints against news website Lanka E News in 2017, and identity of State authority making the complaint
- Any order to block Lanka E News in November 2017, identity of the authority making the order and reasons given for the same.
- Records of TRC involvement in blocking Lanka E News, if any.
The TRC only responded to question 2. On question 1, it said the information was not in their possession, custody or control. This was strange as the question asked for complaints received by the TRC, which meant that there should, theoretically be documentary record of it. Questions 3 to 5, which were on information pertaining to the blocking of Lanka E News, was rejected on national security grounds. Lanka E News has a chequered history, having faced 14 contempt of court charges against its editor. The site was also blocked in 2010 and 2011, though the TRC denied involvement in some instances.
In the past, the Rajapakse regime regularly blocked news sites critical to them. As such, news of the block of Lanka E News in November 2017 was cause for concern, under a government that came to power promising a marked change from the previous regime. It was for this reason that Groundviews decided to appeal the decision, arguing that information on the blocking of news websites was in the public interest, and asking on what basis providing this information could undermine national security. The appeal was first heard before the Right to Information Commission on December 29, 2017.
On Question 1, the TRC, represented by Information Officer and Assistant Director – Legal Sujeewa Rodrigo, said that they only received telecommunication-related complaints, while complaints on news websites were lodged with the Media Ministry. Since the request made specific reference to the TRC, they decided not to forward the request, Rodrigo said. However, as the Commission pointed out, public authorities have a duty to transfer requests to the correct public authority in instances where the Information Officer is aware of the correct authority to apply to, under Regulation 4 (6) of the Right to Information Regulations of 2017. Despite the TRC knowing that the information provided would likely be at the Ministry of Finance and Mass Media, they did not forward the request as per the regulations. The RTI Commission subsequently and based on our appeal, directed the TRC to forward the request to the Media Ministry. Groundviews today received acknowledgment that this request has been forwarded to the Presidential Secretariat.
On the question of Lanka E News, the TRC asked for time to make submissions. At the next hearing, on March 23, 2018, the Director General of the TRC, P.R.S.P. Jayathilake also attended. The explanation given by the TRC for using the national security exemption was that the editor of Lanka E News, Sandaruwan Senadeera, was based overseas. Attempts to contact him for corrections on stories published by Lanka E News had been unsuccessful, leading to the decision being made to block the website.
The RTI Commission in its ruling noted that the request made by Groundviews was legitimate and that there was no reason for it to be denied on national security grounds. Below is the scanned copy of the ruling providing details of the case.