Wednesday, July 19, 2006

New Tax : Utter Confusion

As most of the television viewing public in Sri Lanka knows the new taxation system for the TV stations has given rise to a lot of confusions.

There are some who insist that there is no effect from this tax and some say the tax will kill off the private tv stations. It is true that certain tv stations will only experience a minimum affect due to this tax and will only result in reduced income whereas some may be adversely affected.

But the question is whether this tax is ethical. Is this not a form of discrimination? Should steps not be taken to improve the local television production companies and urge them to produce quality content? Will this not effect the outlook that foreigners have on Sri Lanka? Will taxing foreign content automatically improve locally produced content?

Some leading actors, actresses and producers are also behind the idea to implement this new tax. Do they know anything about finance and being ethical? There is no doubt that it is the serials that they act or produce that are not doing well, shouldn't they not be more concerned and evaluate themselves on why their stuff is not even being viewed by the people who watch only Sinhala drama's. They should realise that the fault is with them and correct themselves without poking around with other people.

With all these issues people who watch specially english programmes are being deprived of entertainment since the Cable TV shutdown is also still in effect. Today's newspapers report that the advertising industry is also not happy about this scenario, it also reports that the exporters are very happy. But may we ask where do the exporters export sri lankan content to, is there a huge market for local content abroad that is not even watched by sri lankans.

Certain political parties are also getting involved in this tax issue now since the people whom they have a stake in will also be affected. But not even one politician in sri lanka is even bothered about the people suffering from the sudden closure of cable tv companies. Not even one politicial is saying a word about the Cable TV fiasco.

Too bad, politicians shout only if they are hurt and not bothered when the people they are to serve are being hurt.

First Cable TV shutdown, now taxing foreign television content, what's next......

5 comments:

Anonymous said...

what i like to know is has the number of tv viewing dropped since all these issues have come up? coz i have to say it seems really absurd that nobody seems to do anything about it and everybody is jus waiting and wondering whats going to happen. im sure advertising companys must be affected too...

Anonymous said...

The government was trying to stop the cheap indian content and imposed this tax. But still they are on air and the other programmes on ETV and ARTTV have stopped. This is another clear example of the government making messes out of simple issues. If they really think cheap indian teledramasa is a threat to the local art go ahead and ban them. What is the purpose of imposing a tax ??? So the damage will not be done after paying the tax ??? Or is it the price anyone will have to pay to destroy our local culture ???

The government will not go and ban indian content because they want to be friendly with India too.

I heard that the viewership of ETV and ARTTV is only limited to Colombo. And they will be no threat to local industry. And even after the government imposing a tax on them will stop the viewers from watching these english programmes.

I THINK THIS LAW APPLIES TO THE FORIEGN ADVERTISEMENTS INCLUDING THE TELESEEN ADS. THEY WERE SUPPOSED TO PAY RS. 1 MILLION FOR 1 YEAR FOR AN AD. ALLTHE CHANNELS HAVE STOPPED TRANSMITTING THESE ADS FRM THE 16TH.

BUT I'VE YESTERDAY OUR FRIEND MR. TV LANKA IS BROADCASTING THESE ADS. I THINK HE IS ABOVE ALL !!!

Anonymous said...

CBNSat Customers it is time to take Action

Here we are approaching another weekend. The confusion and madness that has gripped the media industry which began with the shutting down of cable tv stations is now continuing with the new taxes on local tv stations and the advertising industry.

In a few weeks time it will two months since this fiasco started and no one has given relief to the people who purchased the connections. The state of affairs in sri lanka is going down very badly and very soon we may be comparable to countries like North Korea. The temporary license is all but forgotten. We wish to thank "Dude" for putting up a really inspiring comment on this blog. Yes justice will prevail but let it not be dragged. We would like to urge His Excellency The President Mahinda Rajapakse to allow CBNSat to resume operations with immediate effect since the people have spent their hard earned money on this service.

This technology put Sri Lanka on par with developed nations in terms of satellite technology. We should be proud of a company going into technology like this and enabling all classes of people to have equal access to quality educational and entertainment programmes.

You the citizens of this country have to exercise your fundamental rights and will have to organise some kind of action plan. Just posting on this blog is not going to solve your problems. You have to continue writing letters to the authorities and now you have to take a step beyond this too. This blog is open for all to come up with a plan and organise some kind of campaign (no violence please, and not anything that will compromise the security plans step up by the Government) and get the authorities to give ear to the people.

There are several of you who post on this blog and we see that some do not post now because it is all post and no action. We asked you all whether to organise a meeting and nothing materialised because of low response. So we will not organise anything this time and we hand it over to you CBNSat customers to discuss using this blog, use sms, email and all forms of communication to get in touch with each other and come up with a plan. Then the authorities will definitely listen to all of you.

Please keep posting on this blog on any new developments as the weekend progresses. Good Luck to all of you.

Anonymous said...

Wednesday, July 19, 2006
CBNSat : The Never Ending Court hearing

It is confirmed. The court hearing for the CBNSat case has now been fixed for 1st August 2006 and according to reports the postponement was due to a request from the Minister of Media who said that he wished to intervene in this matter. Given this post are the reports on this court case that were published in The Daily Mirror, The Island and The Daily News. All of them pretty much say the same thing.

So looks like the customers have to wait till August 1st, 2006 and we wonder what the Minister wants to come to court and say. Hopefully it is something good and we sincerely hope that this situation will end at the next hearing. There is no mention whatsoever regarding the Temporary License issue. Looks like even the Attorney General is not respected these days, provided the news item in The Sunday Leader was correct. Since no one denied it, we have to assume that it is correct.

Anyway it looks like we should continue sending letters to the authorities and specially requesting H.E. President Mahinda Rajapakse to intervene and give relief to the people who have invested in purchasing this connection.

We hope that the Judges at the Supreme Court will see the injustice that has been done and issue a favourable verdict taking into consideration the plight of over 20,000 customers.

posted by TV & Radio Sri Lanka at 7/19/2006 09:28:00 AM | 32 comments
SC wants to hear Media Minister - The Daily Mirror 19th July 2006

The Supreme Court yesterday directed that the Media Minister and the TRC (Telecommunication Regulatory Commission) should be heard before proceeding with the fundamental rights violation case filed by SonicNet Technologies (Pvt) Ltd.

When the matter came up before the Bench comprising Justices Shirani A. Bandaranayake, Raja Fernando and Andrew Somawansa, President's Counsel D.S. Wijesinghe appearing for the Minister of Media and Mass Communication informed court that he had a proxy from the Minister. He said the Minister wished to intervene in the matter.

Court was of the view that before making a decision in this matter, court should hear the Minister and re-fixed the hearing to August 1.

Petitioner SonicNet cited Chief Inspector U.K. Mahindadasa, Superintendent of Police A.R. Vaidyalankara and Sub Inspector L. Tilak Bandara, all of Police Commercial Crime Unit-II, the IGP and the Attorney General as respondents.

Petitioner states that the Minister issued an External Gateway Operator License (EGO License) to operate until January 31, 2013 on the recommendation of the Telecommunications Regulatory Commission. Since May 2005, it has been responsible for providing several television channels such as BBC World, CNN News and National Geographic Channel to over 20,000 homes throughout the island.

The petitioner alleged that on June 6, the first three respondents wrongfully sealed and seized its equipment and prevented it from using its equipment and operating its services.

Petitioner pleaded that the respondents claimed that they sealed and seized the premises under an order from the Magistrate. Petitioner contends that the Magistrate did not order or authorise to do so in his order and search warrant.

Petitioner is asking the court to grant compensation of Rs 100 million and an interim order directing the respondents to remove the seal and seizure of its equipment and not to obstruct it from using the said premises.

Additional Solicitor General Sathiya Hettige appearing on behalf of the respondents submitted that the EGO License that was issued to the petitioner permitted only to operate international telecommunication services by using the satellite. The police officers obtained a search warrant from the Magistrate of Colombo and executed the search warrant in respect of the premises at No 83 where Communique Broadband Network Pvt Ltd and CBN Sat Pvt Ltd were operating television broadcasting services to the subscribers by using the satellite without a valid license under the Rupavahini Corporation Act. He further said that the execution of the search warrant as ordered by the Magistrate did not constitute an administrative or executive action and therefore was a judicial act which did not attract the provisions of Article 126 of the constitution.

President's Counsel Romesh de Silva with Sugath Caldera, Riad Ameen and Evaj de Silva instructed by G. G. Arulpragasam appeared for the petitioner. Additional Solicitor General Sathya Hettige with Senior State Counsel Sumathi Dharmawardana appeared for the respondents.

By S.S. Selvanayagam and T. Farook Thajudeen

posted by TV & Radio Sri Lanka at 7/19/2006 09:13:00 AM | 1 comments
Supreme Court to hear Minister before considering Sonic Net FR application - The Island July 19th 2006

The Supreme Court will hear the Minister of Mass Communication and Media, prior to considering the Fundamental Rights violation application filed by Sonic Net Technologies (Pvt) Ltd., for leave to proceed.

The rights violation application was yesterday re-fixed for support on August 1st 2006.

D.S. Wijesinghe P.C, who appeared for the Minister told the court that the Minister of Mass Communications requested a hearing prior to granting leave to proceed with the petition.

The petitioner, Sonic Net Technologies (Pvt) Ltd., of George R. De Silva Mawatha, Colombo 13, had complained to the Supreme Court that, on June 6th, the CID sealed the transmission equipment although the Magistrate had ordered only an inspection of the premises and a report. The seizure of equipment and the sealing of premises had been unwarranted. The petition said the action of the CID was arbitary, and a denial of the petitioner's right to engage in the lawful occupation of choice. The petitioner had over 20,000 customers. The petitioner claimed excessive action by the police who went beyond what was ordered by the Magistrate.

Romesh De Silva P.C., appeared with Sugath Caldera instructed by G.G Arulpragasam for the petitioner.

Deputy Solicitor General Sathya Hettige appeared for the CID officials and the Attorney General.

The Bench comprised Justice Dr. Shirani Bandaranayake, Justice Raja Fernando and Justice Andrew Somawansa.

Among the repondents cited in the petition are U.K Mahindadasa, Chief Inspector of the CID, Chandra Fernando, the IGP and the Attorney General.

By Chitra Weerarathne

posted by TV & Radio Sri Lanka at 7/19/2006 08:55:00 AM | 2 comments
CBNSat : TRC to be heard - Daily News 19th July 2006

COLOMBO: The Supreme Court yesterday decided that the Media Minister and the Telecommunications Regulatory Commission (TRC) should be heard before the application for Leave to Proceed is considered on a Fundamental Rights application filed by SonicNet Technologies and CBNsat and fixed the matter for support again on August 1.

The decision was a sequel to an application made by President's Counsel D.S. Wijesinghe on behalf of Media Minister Anura Priyadharshana Yapa, who sought to intervene in the application. The Court allowed the application for the intervention.

The Bench comprised Justice Dr. (Mrs.) Shirani Bandaranayake, Justice Raja Fernando and Justice Andrew Somawansa.

Petitioner Sonic Net Technologies (Pvt) Ltd. cited four officers attached to the Criminal Investigation Department including Inspector U.L. Mahindadasa and the Attorney General as respondents.

The Petitioner in his petition stated that he obtained a license to operate an External Gateway Operator License under Section 17 of Sri Lanka Telecommunications Act on 28th February 2003 by the Mass Communication Minister on the recommendation of the Telecommunications Regulatory Commission of Sri Lanka. The Petitioner further stated that he was responsible for providing several television channels to viewers.

It was submitted on 6th June 2006 the 1st, 2nd & 3rd Respondents, namely CID Police Officers, wrongfully and unlawfully without any right seized the Petitioner's telecommunications equipment and prevented the Petitioner from operating its services and pleaded the petitioner's fundamental rights as guaranteed by Articles 12, 12(1) and 14(1)(g) of the Constitution have been violated.

Sathya Hettige, PC Additional Solicitor General appearing on behalf of the Respondents submitted that the External Gateway Operator License that was issued to the Petitioner permitted the Petitioner only to operate an international telecommunications service by using a satellite and he further submitted to court that the Police Officers obtained a search warrant from the Colombo Magistrate and executed the search warrant in respect of the premises where Communique Broadband Network Pvt. Ltd was operating television broadcasting services to the subscribers by using a satellite without a valid license under the Rupavahini Corporation Act.

Hettige further submitted that the execution of the search warrant as ordered by the Magistrate did not constitute an administrative or executive action and therefore was a judicial act which did not attract the provisions of Article 126 of the Constitution.

He told court that the Petitioner filed revision papers against the order of the Magistrate and sealing of the equipment by the Police and the High Court Judge refused to grant the stay order. The Revision application is still pending, and there is no fundamental rights violation as alleged by the Petitioner.

When the above application was supported by the President's Counsel for the Petitioner, an application was made to court by Mr. D.S. Wijesinghe, PC and Mr. Palitha Kumarasinghe, PC that the Media Minister who is the license issuing authority under the Rupavahini Corporation Act and the Telecommunications Regulatory Commission should be made necessary parties to the application.

After submissions by both Counsel, Justice Shirani Bandaranaike, Justice Raja Fernando and Justice Andrew Somawansa decided that the Media Minister and the Telecommunications Regulatory Commission should be heard before the application for Leave to Proceed is considered and fixed the matter for support again on 1st August 2006.

Romesh de Silva, PC, with Sugath Caldera instructed by G.G. Arulpragasam appeared for the petitioner.

ASG Saththya Hettige PC appeared for the respondents.

The hearing was fixed for August 1.

Anonymous said...

ArtTV and etv have been the hard hit and they carried some good english programmes. Will the people actually watching these english programmes be compelled to watch the local movies/teledramas now? I doubt it. Those who do however enjoy both were balancing them out anyway. So ultimately question now remains- what can we the public do about this unreasonable turn of events? While many countries are moving ahead, Sri lanka seems to be going back with all this