Bangladesh TV by Jeeves
CPA and Beyond Borders organized a discussion on the Private Television Broadcast Regulations, and how it pertains to bloggers. I don’t especially think that it does given that A) we don’t have any rights anyways and B) this applies to, as the name suggests, Private Television Broadcasters. The gazette (now stayed I think) basically puts most private TV operators out of business and cuts off any foreign investment by specifying majority Sri Lankan ownership and subjecting the very license to the whims of the Information Minister. So, not only can people with money not invest too much (including the foreign investors in SLT, the state-owned firm), their investment would also be prone to disappear at any time. There is, however, some clumsy wording which seems to make anyone transmitting anything over the Internet subject to this law. However, seeing as there is no rule of law, I as a blogger don’t feel especially threatened.
Under Emergency Law (the main tenets being the absence of) Sri Lankans derive their rights not from the Constitution or Institutions but basically from being ignored by the powers that be. If no one notices you, then you can basically do whatever you want. If someone (with power) does notice, they can basically do whatever they want to you. Your rights exist not as a concrete thing but more in the sense that a rabbit has the right to run around as long as the foxes don’t see it. In Sri Lanka we have the added benefit (over animals) that someone might notice and file a Fundamental Rights petition and some other random motherfucker in the Supreme Court might have mercy on you. That decision too has no particular correlation to written law, again depending on how this particular person feels.
That is, and not to be pessimistic, I see limited purpose in worrying about laws when the people in power generally do whatever the fuck they want. It’s pretty tooth and fang out here and what limits their tyranny is not law, but their own technical incompetence. That is, sometimes they propose stuff they simply can’t do – like banning Internet pornography or requiring a record of every video transmitted over the Internet. Those laws don’t get enforced simply because they’re unenforceable. However, if the government can do something (as in, they are physically able) they generally will. Any justice you get will be after your business and freedom are taken away and is thus more of a historical artifact than justice per say. For example, the shut-down of CBNSat had no legal basis and I think was ruled such, but months later, after the business had died. Tissanayakam (the jailed journalist) may get a ruling someday, but he’s been in jail for months now.
Hence, Sri Lanka is ruled not by law but by whim. Like the traffic in Colombo, you kinda need to know what’s going on or find yourself in oncoming traffic. The rules of social interaction are not encoded in law and you better just figure it out. It is really a reversion to a sort of feudal scene where you just need to know who the lords are and how to stay the fuck out of their way.
So, while it’s interesting that the government is trying to pass laws via the government printer, it’s also almost besides the point. They’re making a half-assed attempt to behave like an actual government, but in reality they’re just a collection of people with power and guns and the blank check of terrorism to do whatever they feel like. Surviving as a human being is not as a creature with rights under law, but more of a tribal/animal creature who needs to protect life and limb using their wits and connections. There is a theoretical appeal under law, but once you get in the craw of the state it will be a long and uncomfortable time before any sort of legal issues come into play. That is, if you come to the attention of the state you will be well and truly punished before any trial.
So, while I think opposition to this gazette is absolutely necessary for the big players to whom it applies (unless they want to lose their business) I don’t think it applies to bloggers. Regardless of this or any gazette, bloggers today have about as much rights as a cockroach, and hopefully the same resiliency.
You hit the spot again Indi. Very insightful analysis. The Regulations are going to be done over, and the amendments will largely reflect the concerns of the big private broadcasters. The lonely dissenting blogger out there will get screwed over, Regulation or no Regulation. There is a whole gamut of regulatory and statutory law that can be used to denude you of any rights you thought you had, and the successful passage or otherwise of this particular Regulations won’t make an ounce of a difference.
You have been on exceptional form over the last couple of posts, Indi. This one is the best yet! The second paragraph is a work of genius.
I have wasted countless time and key strokes arguing the fact that Sri Lankans (specially minorities – ethnic or otherwise) only have freedom if they stay under the radar of the powers that be. You can say, write or do what you want as long as you don’t contradict the status quo or if no one really notices.
Which kind of defeats the purpose of articulating any dissenting opinions in the first place.
Great post. I love the analogy to traffic.
I have often stated that we are a parochial society evolving from a feudal setup and the establishment is based around that. The rule of law only applies when somebody deems it should apply i.e. FR cases in the Supreme Court.
Your analogy to dealing with traffic here and the rules of society is absolutely spot on. When they decided to change the way traffic should flow around the city look at how they want about it. It was done with very little thought as to how it should be communicated and implemented. Personally I actually think it is a superior system but the change management was wholeheartedly lacking. However should idiot politicos decide that they need to travel at rush hour than all 5,000 vehicles on every road need to stop. Can you imagine how that feeds the ego and the parochial society?
I’m generally bored of complaining and sorta wondering what one can do about it. As much sense as being sensible might make, the whole terrorism thing seems to excuse absolutely any sort of behavior, even that which deeply corrodes the institutions we need to function.
My dad has a more detailed and legal discussion of this issue in the Daily Mirror.
I tend to agree with Sean, good to see Indi in good form.
What can one DO about it? Rum question, mate.
Forget the UNP, how much luck has Morgan Tsvangirai had trying to change his country?
Foreign intervention perhaps? The notorious R2P that so incenses the supporters of the ruling camp? Given that the events in Zimbabwe and Sudan failed to bring any meaningful intervention, not a hope unless India takes unilateral action.
A coup ? Perhaps that might just work.
well there’s no point making these arguments to people who agree with you. you need a different audience. its the people who don’t care, don’t know or don’t voice their concerns that are in the majority and until people start talking about consititutionalism and the rule of law as it applies to them in their daily lives, there is nothing else that can be done about it. so get people to talk about it.
blogging is good but you only get to share your opinions with people who 1) have computers and access to the internet and 2) are inclined to check kottu and/or your blog. but these people probably share your views. what happened to the good old fashioned revolutionary methods of mass communication of pamphlet writing and radio?
I haven’t been in the home trenches (so to speak) for a while… but the way I understand the situation, pamphlet writing, radio or any method that might actually work would need to be backed up by some significant muscle.
Otherwise, you’ll just get kicked in the head…
While it’s true that you can’t change things without some sacrifices, it is similarly true that a revolution needs support at a grass roots level. You don’t need everyone to be an activist but they at least have to agree with what you are trying to achieve.
I don’t think Sri Lanka is there yet. Not while the war machine ‘successfully’ rolls on…
I think Sean is quiet right.
You need to wait till the unwashed masses realise that their hero is not going to bring them glory and booty from conquest.
I agree with Sean too, to draw on the US elections, it took America 8 years of bollocking to realize that they needed change (the rest of the world had it figured out 7 years ago). I guess we’re just going to have to wait till things get so bad that we have to rely on ourselves to change it.
Alternately, I could start recruiting for my army at PowerWorld?
PowerWorld???