The Court of Appeal has dismissed the intervention request filed by the Electronic Broadcasters’ Association (EBBA) in connection with the appeal filed by Asia Broadcasting Corporation (ABC), the parent company of Hiru Television, against a decision made by the Right to Information (RTI) Commission.
The RTI Commission previously ruled that Asia Broadcasting Corporation (Pvt) Ltd. qualifies as a public authority under the Right to Information Act, and should, therefore, disclose certain information in response to a citizen’s RTI request. The Commission held that the company must reveal the name of the editor responsible for a specific news item but not the manner in which it was received.
Following this decision, ABC appealed to the Court of Appeal. In turn, the Electronic Broadcasters’ Association, of which Hiru Television is a member, submitted a petition to intervene in the appeal, arguing that the ruling would impact all of its member institutions and that it should, therefore, be allowed to join the appeal as an intervening party.
Jagath Wickramanayake PC, representing the EBBA said that since its members including channels such as Derana TV, V FM, and Siyatha all operate under similar licences, the RTI Commission’s ruling could set a precedent that affects the entire industry. He said that merely operating under a Government-issued licence does not mean a broadcaster is performing a public function as defined in the RTI Act.
However, Attorney-at-Law Suren D. Perera, representing the citizen who initially filed the RTI request, strongly opposed the intervention request made by the Electronic Broadcasters’ Association (EBBA). He said that the Court of Appeal Rules do not permit third-party intervention in such appeal proceedings. He said that the appeal pertains specifically to the Asia Broadcasting Corporation (ABC) and not to the broadcasting industry at large. He also said that the EBBA was not a party to the original case heard by the RTI Commission and, therefore, lacks the legal standing to intervene. He said that broadcasters, as users of publicly owned airwaves, perform a public service and are thus subject to the provisions of the Right to Information Act. After considering both sides, the Court of Appeal Bench comprising Justices R. Gurusinghe and Dr. Sumudu Premachandra ruled to dismiss the EBBA’s request to intervene in the case. The Court has scheduled the continuation of the original appeal, filed by Asia Broadcasting Corporation, for September 17.
