Sri Lanka Consolidated Acts

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Sri Lanka Press Council Law (No. 5 of 1973) - Sect 9

Action by the Council against newspapers, editors &c.,

9.
(1) Where, on receipt of a complaint made to it or otherwise, the Council has reason to believe that there has been published in a newspaper a statement, picture or other matter which is untrue, distorted or improper, as the case may be, or that an editor or a working journalist of a newspaper has committed any professional misconduct or breach of the code of journalistic ethics, the Council may hold an inquiry in the prescribed manner and if the Council is satisfied, after giving the newspaper, the proprietor, printer, publisher, editor or journalist concerned an opportunity of being heard, that it is necessary so to do. it may either-
(a) order that a correction approved by the Council be published in the appropriate newspaper; or
(b) censure the proprietor, printer, publisher, editor, journalist or other officer or authority of such newspaper; or
(c) order that an apology be tendered by such proprietor, printer, publisher, editor, journalist or other officer or authority to the appropriate party.
(2) In any inquiry under subsection (1) in pursuance of a complaint made to the Council the burden of satisfying the Council in regard to the matter of any complaint, shall be on the complainant. In any inquiry initiated by the Council of its own motion, the newspaper, proprietor, printer, publisher, editor or journalist, as the case may be, shall be furnished with a statement of the material upon which the inquiry has been initiated by the Council and an opportunity given to such persons of challenging such material as is reasonable in the opinion of the Council.
(3) All corrections and apologies ordered, and censures made, by the Council under subsection (1) shall be published in such newspaper and in such manner as may be determined by the Council.
(4) Nothing in subsection (1) shall be deemed-
(a) to prevent any person aggrieved by any matter referred to in that subsection from instituting or maintaining any proceedings in any court of law in respect of such grievance; or
(b) to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending in a court of law.
(5) Any order or censure of the Council made under subsection (1) shall be final and conclusive and shall not be questioned in any court of law.


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