Powers of the Election Commission to Regulate Privately-Owned Media during Elections in Sri Lanka

Abstract

The regulation of the media during an election period to ensure free and fair elections has a reasonably long history in Sri Lanka. The Election Commission of Sri Lanka is constitutionally empowered to regulate the media by issuing media guidelines. The present discourse on media regulation during elections focuses on how these guidelines have been used to regulate state-owned media. This brief analysis examines how the Election Commission is also constitutionally empowered to regulate privately-owned media during an election period. This briefing note reveals that the Commission has issued broad guidelines to ensure free and fair presidential elections by detailing the duties and responsibilities of the media. However, the Commission continues to remain conservative when enforcing these guidelines on privately-owned media. The Commission can still take action to remedy this gap by specifying the measures it will take when privately-owned media fail to comply with the guidelines, and by proactively engaging regulatory entities.