This comment on Sri Lanka’s social media blocking that commenced on 7 March 2018, was written on 8 March 2018 at the request of Irida Lakbima Sunday broadsheet newspaper, which carried excerpts from it in their issue of 11 March 2018. The full text is shared here, for the record.
Some are urging national governments to ‘regulate’ social media in ways similar to how newspapers, television and radio are regulated. This is easier said than done where globalized social media platforms like Facebook, Twitter and Instagram are concerned, because national governments don’t have jurisdiction over them.
But does this mean that globalized media companies are above the law? Short of blocking entire platforms from being accessed within their territories, what other options do governments have? Do ‘user community standards’ that some social media platforms have adopted offer a sufficient defence against hate speech, cyber bullying and other excesses?
In this conversation, Lankan science writer Nalaka Gunawardene discusses these and related issues with Toby Mendel, a human rights lawyer specialising in freedom of expression, the right to information and democracy rights.
Mendel is the executive director of the Center for Law and Democracy (CLD) in Canada. Prior to founding CLD in 2010, Mendel was for over 12 years Senior Director for Law at ARTICLE 19, a human rights NGO focusing on freedom of expression and the right to information.
The interview was recorded in Colombo, Sri Lanka, on 5 July 2017.
Nalaka Gunawardene (extreme right) moderates FoME 2017 session on “Fake News: Tackling the phenomenon while respecting freedom of expression”, Berlin, 17 Nov 2017
The German “Forum on Media and Development” (Forum Medien und Entwicklung, FOME) is a network of institutions and individuals active in the field of media development cooperation. I was invited to participate in, and moderate a panel at FoME Symposium 2017 held in Berlin on 16 – 17 November 2017.
This year’s symposium theme was Power Shifts – Media Freedom and the Internet. It explored how Internet governance issues are becoming more and more important for those who want to develop media (both mainstream media and social media) as democratic platforms.
On 17 November 2017, I moderated an international panel on Fake News: Tackling the phenomena respecting freedom of expression. It brought together representatives from government, civil society and a global media platform to discuss their roles and how they can interact to tackle the issue – all within the framework of Freedom of Expression (FOE).
Miriam Estrin, Public Policy Manager for Europe, Middle East and Africa, Google
Nalaka Gunawardene speaks on Fake News and Freedom of Expression at FoME 2017 Symposium in Berlin, 17 Nov 2017 – Photo courtesy Helani Galpaya
Here are my opening remarks that set the context for our discussion:
Just as there are many definitions of Fake News, there can also be many perspectives on the topic. We all recognise Fake News as a problem, so let’s focus on how it can be countered. What are the local, national and global level strategies? What alliances, tools and resources are needed for such countering? What cautions and alarms can we raise?
To respond to any problem, we need to understand its contours.
Fake News is not new. The phenomenon has been around, in one form or another, for decades! Many of us in the global South have grown up amidst intentionally fake news stories in our media, some of it coming from governments, no less. And the developing world governments don’t have a monopoly over Fake News either: for over half a century, the erstwhile Soviet Union and Eastern Bloc countries manufactured a vast amount of disinformation (i.e. deliberately wrong information) that was fed to their own citizens and spread overseas in sustained propaganda efforts.
Sitting here, within a few kilometres from where the Berlin Wall once stood, we need to acknowledge that veritable factory of lies that operated on the other side!
So what’s new? During the past decade, as broadband Internet spread worldwide, fake news peddlers found an easy and fast medium online. From websites to social media accounts (many hiding behind pseudonyms), the web has provided a globalised playing field where dubious content could go ‘viral’.
Yesterday at this Symposium, Mark Nelson from CIMA said “We live in a world where lies are very cheap, and much easier to disseminate than the truth.”
Which reminded me of one of my favourite quotes: ““A lie can travel halfway around the world while the truth is putting on its shoes!”
Variations of this quote have been attributed to several persons including Jonathan Swift and Mark Twain. Whoever said it first, these words neatly sum up a long standing challenge to modern societies: how to cope with the spread of deliberate falsehoods.
As Mark Nelson asked us yesterday, how can we “make the Internet a place where truth is valued and spread – instead of disinformation?” This is the crux of our challenge.
So what is to be done? Among the options available, which ones are most desirable?
In searching for solutions to the Fake News crisis, we must recognise it is a nuanced, complex and variable phenomenon. There cannot be one global solution or quick fix.
Indeed, any ‘medicine’ prescribed for the malady of Fake News should not be worse than the ailment itself! We must proceed with caution, safeguarding the principles of Freedom of Expression and applying its reasonable limitations.
As human rights defenders caution, there is a danger that governments in their zeal to counter fake news could impose direct or indirect censorships, suppress critical thinking, or take other steps that violate international human rights law. This is NOT the way to deal with Fake News.
In my view, Fake News is a symptom of a wider and deeper crisis. It is a crisis of public trust in journalism and the media that has been building up over the years in many countries. Some call this a ‘Journalism Deficit’, or a gulf between what journalism ought be, and what it has (mostly) become today.
In my view, a free press is not an automatic guarantee against Fake News. In other words, media freedom is necessary — but not sufficient — to ensure that media content is trusted by the public. We need to better measure public trust in media and what the current trust levels mean for those producing media content professionally.
I would argue that the medium to long term response to Fake News is to narrow and bridge the Journalism Deficit by nurturing quality journalism and critical consumption of media. If you agree with this premise, what specific measures can we recommend and advocate?
Let us explore how media development can counter Fake News by exposing it, undermining it, and equipping media consumers with the knowledge and skills to spot it – and not spread it inadvertently.
For this, we need everyone’s cooperation.
We need global social media platforms and digital gatekeepers like Google to join with all their might (and what might!).
We need governments to be thoughtfully, carefully evaluate the optimum responses.
We need civil society to go beyond mere hand waving and finger pointing to help enhance media and information literacy.
We need researchers to keep studying and discerning trends that can influence policy and regulation (where appropriate).
We are not going to solve the problem in an hour. But we can at least ask the right questions, and clarify the issues in our minds. Onward!
From time to time, certain Lankan academics make unsupported claims that the Sinhala language – spoken as native tongue by about 70% of Sri Lanka’s 21 million people – is in danger of ‘going extinct’. These claims are peddled without question by some journalists and on social media. I have been countering this for some time, going to authoritative global references that track the status of languages worldwide.
Key among them is the UNESCO Atlas of the World’s Languages in Danger. The latest edition of the Atlas (2010) lists about 2,500 languages (among which 230 languages extinct since 1950), approaching the generally-accepted estimate of some 3,000 endangered languages worldwide. Sinhala language is NOT among them. However, Sri Lanka does have one endangered language: spoken by the indigenous Veddah people, whose numbers are dwindling (below 500) due to cultural assimilation.
World Atlas of Languages in Danger, image captured on 11 June 2017
I have written about disaster early warnings on many occasions during the past decade (see 2014 example). I have likened it to running a relay race. In a relay, several runners have to carry the baton and the last runner needs to complete the course. Likewise, in disaster early warnings, several entities – ranging from scientific to administrative ones – need to be involved and the message needs to be identified, clarified and disseminated fast.
Good communications form the life blood of this kind of ‘relay’. Warnings require rapid evaluation of disaster situation, quick decision making upon assessing the risks involved, followed by rapid dissemination of the decision made. Disaster warning is both a science and an art: those involved have to work with imperfect information, many variables and yet use their best judgement. Mistakes can and do happen at times, leading to occasional false alarms.
In the aftermath of the heavy monsoonal rains in late May 2017, southern Sri Lanka experienced the worst floods in 14 years. The floods and landslides affected 15 districts (out of 25), killed at least 208 and left a further 78 people missing. As of 3 June 2017, some 698,289 people were affected, 2,093 houses completely destroyed, and 11,056 houses were partially damaged.
Did the Department of Meteorology and Disaster Management Centre (DMC) fail to give adequate warnings of the impending hydro-meteorological hazard? There has been much public discussion about this. Lankadeepa daily newspaper asked me for a comment, which they published in their issue of 7 June 2017.
I was asked to focus on the use of ICTs in delivering disaster early warnings.
I have just given an interview to Sunday Lakbima, a broadsheet newspaper in Sri Lanka (in Sinhala) on social media in Sri Lanka – what should be the optimum regulatory and societal responses. The interviewer, young and digitally savvy journalist Sanjaya Nallaperuma, asked intelligent questions which enabled me to explore the topic well.
April Fools All Year Round? Op-ed by Nalaka Gunawardene, Weekend Express, 7 April 2017
April Fools, All Year Round?
By Nalaka Gunawardene
April 1 is observed in many countries as a day for fooling people with practical jokes and harmless fabrications. This aspect of popular culture can be traced back to the times of ancient Greece.
There is now a new twist to this tradition. Every day is beginning to feel like April Fools’ Day in the age of Internet pranks, clever satire and fake news!
Sadly, many among us who apply some measure of skepticism on April 1 are not as vigilant for the rest of the year.
Ah, how I miss the time when intentional misleading was largely confined to just one day. I’m old enough to remember how some Lankan newspapers used to carry elaborate – and seemingly plausible – stories on their front pages on April Fools’ day. The now defunct Sun and Weekend excelled in that delightful art of the tall tale. Of course, they owned up the following day, poking fun at readers who were fooled.
During the past two decades, our media landscape has become a great deal more diverse. Today we have 24/7 SMS news services, all-news TV channels, numerous websites and, of course, millions using social media to spread information (or misinformation) instantaneously.
But does more necessarily mean better? That is a highly debatable question. We seem to have too much media, but not enough journalism! At least journalism of the classical kind where facts are sacred and comment is free (yet informed).
That kind of journalism still exists, but along with so much else. Today’s global cacophony has democratized the media (which is to be celebrated). At the same time, it spawned veritable cottage industries of fake news, conspiracy theories and gossip peddlers.
Image source – American Journalism Review, 21 April 2015
Fact checking
What is to be done? The long term solution is to raise media literacy skills in everyone, so that people consume media and social media with due diligence.
That takes time and effort. Since misinformation is polluting the public mind and even undermining democratic processes, we must also look for other, faster solutions.
One such coping strategy is fact checking. It literally means verifying information – before or after publication – in the media.
In a growing number of countries, mainstream media outlets practise fact checking as an integral part of their commitment to professionalism. They seek to balance accuracy with speed, which has been made more challenging by the never-ending news cycle.
In other cases, independent researchers or civil society groups are keeping track of news media content after publication. In the United States, where the practice is well developed, several groups are devoted to such post-hoc fact checking. These include FactCheck, PolitiFact, and NewsTrust’s Truth Squad. They fact check the media as well as statements by politicians and other public figures.
In 2015, fact checking organisations formed a world network and this year, they observed the inaugural International Fact Checking Day.
The initiative is a collaboration by fact checkers and journalism organisations from around the world, “with a goal to enlist the public in the fight against misinformation in all its forms.”
“International Fact Checking Day is not a single event but a rallying cry for more facts — and fact checking — in politics, journalism and everyday life,” says Alexios Mantzarlis, director of the International Fact-Checking Network at the Poynter Institute for Media Studies in the US.
Oops!
Pinocchios
One visual icon for the Fact-Checking Day is Pinocchio, the fictional puppet character whose nose grew long each time he uttered a lie.
We in Sri Lanka urgently need a professional, non-partisan fact checking service to save us from the alarming proliferation of Pinocchios in public life. Not just our politicians, but also many academics and activists who peddle outdated statistics, outlandish claims or outright conspiracy theories.
Take, for example, the recent claim by a retired professor of political science that 94 Members of Parliament had not even passed the GCE Ordinary Level exam. Apparently no one asked for his source at the press conference (maybe because it fed a preconceived notion). Later, when a (rare?) skeptical journalist checked with him, he said he’d “read it in a newspaper some time ago” — and couldn’t name the publication.
A simple Google search shows that an MP (Buddhika Pathirana) had cited this exact number in September 2014 – about the last Parliament!
Given the state of our media, which often takes down dictation rather than asks hard questions, fact checking is best done by a research group outside the media industry.
A useful model could be South Asia Check, an independent, non-partisan initiative by Panos South Asia anchored in Kathmandu. It “aims to promote accuracy and accountability in public debate” by examining statements and claims made by public figures in Nepal and occasionally, across South Asia (http://southasiacheck.org).
From that day, the island nation’s 21 million citizens can exercise their legal right to public information held by various layers and arms of government.
One month is too soon to know how this law is changing a society that has never been able to question their rulers – monarchs, colonials or elected governments – for 25 centuries. But early signs are encouraging.
Sri Lanka’s 22-year advocacy for RTI was led by journalists, lawyers, civil society activists and a few progressive politicians. If it wasn’t a very grassroots campaign, ordinary citizens are beginning to seize the opportunity now.
RTI can be assessed from its ‘supply side’ as well as the ‘demand side’. States are primarily responsible for supplying it, i.e. ensuring that all public authorities are prepared and able to respond to information requests. The demand side is left for citizens, who may act as individuals or in groups.
In Sri Lanka, both these sides are getting into speed, but it still is a bumpy road.
Cartoon by Gihan de Chickera, Daily Mirror
During February, we noticed uneven levels of RTI preparedness across the 52 government ministries, 82 departments, 386 state corporations and hundreds of other ‘public authorities’ covered by the RTI Act. After a six month preparatory phase, some institutions were ready to process citizen requests from Day One. But many were still confused, and a few even turned away early applicants.
Such teething problems are not surprising — turning the big ship of government takes time and effort. We can only hope that all public authorities, across central, provincial and local government, will soon be ready to deal with citizen information requests efficiently and courteously.
Some, like the independent Election Commission, have already set a standard for this by processing an early request for audited financial reports of all registered political parties for the past five years.
On the demand side, citizens from all walks of life have shown considerable enthusiasm. By late February, according to Dr Ranga Kalansooriya, Director General of the Department of Information, more than 1,500 citizen RTI requests had been received. How many of these requests will ultimately succeed, we have to wait and see.
Reports in the media and social media indicate that the early RTI requests cover a wide range of matters linked to private grievances or public interest.
Under the RTI law, public authorities can’t play hide and seek with citizens. They must provide written answers in 14 days, or seek an extension of another 21 days.
To improve their chances and avoid hassle, citizens should ask their questions as precisely as possible, and know the right public authority to lodge their requests. Civil society groups can train citizens on this, even as they file RTI requests of their own.
That too is happening, with trade unions, professional bodies and other NGOs making RTI requests in the public interest. Some of these ask inconvenient yet necessary questions, for example on key political leaders’ asset declarations, and an official assessment of the civil war’s human and property damage (done in 2013).
Politicians and officials are used to dodging such queries under various pretexts, but the right use of RTI law by determined citizens can press them to open up – or else.
The Right to Information Commission will play a decisive role in ensuring the law’s proper implementation. “These are early days for the Commission which is still operating in an interim capacity with a skeletal staff from temporary premises,” it said in a media statement on February 10.
The real proof of RTI – also a fundamental right added to Constitution in 2015 – will be in how much citizens use it to hold government accountable and to solve their pressing problems. Watch this space.
Science writer and media researcher Nalaka Gunawardene is active on Twitter as @NalakaG. Views in this post are his own.
One by one, Sri Lanka public agencies are displaying their RTI officer details as required by law. Example: http://www.pucsl.gov.lk saved on 24 Feb 2017
Nurturing the demand side of Right to Information (RTI) in Sri Lanka: What can be done?What more can be done to promote RTI demand side in Sri Lanka – ideas by Nalaka Gunawardene
Rebuilding Public Trust: Tamil version copies displayed at the launch in Jaffna, 24 Jan 2017
Journalists, academics, politicians and civil society representatives joined the launch of Tamil language version of Sri Lanka’s Media Development Indicators (MDI) Report in Jaffna on 24 January 2017.
The report, for which I served as overall editor, is the outcome of a 14-month-long consultative process that involved media professionals, owners, managers, academics and relevant government officials. It offers a timely analysis, accompanied by policy directions and practical recommendations.
Students of Jaffna University Media Studies programme with its head, Dr S Raguram, at the launch of MDI Sri Lanka Tamil version, Jaffna, 24 January 2017
Reginald Cooray, Governor of the Northern Province, in a message said: “I am sure that the elected leaders and the policy makers of this government of Good governance will seize the opportunity to make a professionally ethical media environment in Sri Lanka which will strengthen the democracy and good governance.”
He added: “The research work should be studied, appreciated and utilised by the leaders and the policy makers. Everyone who was involved in the work should be greatly thanked for their research presentation with clarity.”
Lars Bestle of International Media Support (IMS) speaks at Sri Lanka MDI Report’s Tamil version launch in Jaffna, 24 January 2017
Speaking at the event, Sinnadurai Thavarajah, Leader of the Opposition of the Northern Provincial Council, urged journalists to separate facts from their opinions. “Media freedom is important, but so is unbiased and balanced reporting,” he said.
Lars Bestle, Head of Department for Asia and Latin America at International Media Support (IMS), which co-published the report, said: “Creating a healthy environment for the media that is inclusive of the whole country is an essential part of ensuring democratic transition.”
He added: “This assessment points the way forward. It is now up to the local actors – government, civil society, media, businesses and academia – with support from international community, to implement its recommendations.”
Nalaka Gunawardene, Consultant Editor of Sri Lanka Media Development Indicators (MDI) Report, speaks at the launch of Tamil version in Jaffna on 24 Jan 2017
I introduced the report’s key findings and recommendations. In doing so, I noted how the government has welcomed those recommendations applicable to state policies, laws and regulations and already embarked on law review and regulatory reforms. In sharp contrast, there has been no reaction whatsoever from the media owners and media gatekeepers (editors).
Quote from ‘Rebuilding Public Trust’ – State of Sri Lanka’s media report
Dr S Raguram, Head of Media Studies at the University of Jaffna (who edited the Tamil version) and Jaffna Press Club president Ratnam Thayaparan also spoke.
The report comes out at a time when the country’s media industry and profession face multiple crises stemming from an overbearing state, unpredictable market forces and rapid technological advancements.
Balancing the public interest and commercial viability is one of the media sector’s biggest challenges today. The report says: “As the existing business models no longer generate sufficient income, some media have turned to peddling gossip and excessive sensationalism in the place of quality journalism. At another level, most journalists and other media workers are paid low wages which leaves them open to coercion and manipulation by persons of authority or power with an interest in swaying media coverage.”
Notwithstanding these negative trends, the report notes that there still are editors and journalists who produce professional content in the public interest while also abiding by media ethics. Unfortunately, their work is eclipsed by media content that is politically partisan and/or ethnically divisive.
The result: public trust in media has been eroded, and younger Lankans are increasingly turning to entirely web-based media products and social media platforms for information and self-expression. A major overhaul of media’s professional standards and ethics is needed to reverse these trends.
MDI Sri Lanka – Tamil version being presented to stakeholders in Jaffna, 24 Jan 2017MDI Sri Lanka – Tamil version being presented to stakeholders in Jaffna, 24 Jan 2017
The Tamil report is available for free download at:
Open Minds! 