'Freedom of Expression or Privacy': A Critical Analysis on the Ethical Behavior of Internet Broadcasting Media in Sri Lanka.

Abstract

The scope of this research is to analyze the behavior of the Sri Lankan Internet broadcasting media enjoying freedom of expression respecting the right to privacy. To establish the aforementioned facts the author adopts the desk research method to examine the provisions pertaining to the Sri Lankan constitution and the applicability of them on internet broadcasting. Statutes, legislations, case laws and current incidents are utilized as secondary data. Freedom of expression and right to privacy are rights conferred upon through our constitution and legislative enactments in Sri Lanka as inherent in nature. Media, a vital limb of democracy should be given the freedom of expression. Among media Internet broadcasting is rapidly trending currently where hardly people use the television or the radio. The question in fact is the freedom of expression and the right to privacy often conflicts with each other when news or details are disseminated. The main objective of this research is to evaluate whether the freedom of expression of Internet broadcasting media be given priority over the right to privacy. The secondary objective is to seek whether remedies are available in the Sri Lankan legislation in breach of such right to privacy and to evaluate how to strike the balance between these two rights. As to the key findings of this research, many instances have proved that, the Internet broadcasting media in exercising their right to expression in the guise of public interest, prejudices another’s right to privacy. Should law be conferred as to violating another law by its virtue? Though law prevails such should be backed by ethics and should be considered as beyond the realm of legal codification.