1.2. The media and other reports about an assembly are essential for the public, the
organizers, and the participants of an assembly. Therefore, the possibility to monitor
and report forms an essential part of the right to freedom of peaceful assembly.
Monitors are defined as non-participant third-party individuals whose primary aim is
to observe and record the actions and activities at public assemblies.
1.3. The Commission draws attention to General Comment No. 37 of the Human Rights
Committee on the role of the media at protests. It states that ‘The role of journalists,
human rights defenders, election monitors and others involved in monitoring or
reporting on assemblies is of particular importance for the full enjoyment of the right
of peaceful assembly.’
1.4.As provided by Article 14 (1) (a) of the Constitution of the Democratic Socialist
Republic of Sri Lanka, media personnel are entitled to the right of freedom of speech
and expression, including publication. Therefore, this right must be protected by law
enforcement officials. It is crucial that the rights of media personnel at protest sites
be adequately identified by the police and the tri-forces.
1.5.The Commission recommends the following measures to be adopted to allow media
presence at protests to discharge their duties effectively:
1.5.1. Media personnel should only be prevented from observing and recording the
policing operation if (exceptionally) their continued physical presence
significantly hinders or obstructs law enforcement officials’ work. In such
cases, media should be given clear instructions and sufficient time to disperse.
Other opportunities should then be provided to enable them to continue to cover
the assembly adequately. If the media representatives refuse to comply with a
lawful dispersal order, the police may respond proportionately.
1.5.2. Media personnel and journalists should have and as far as practicable carry
some identification to distinguish them from the participants in an assembly.
This may include wearing some identifiable clothing or carrying an
identification card that can be produced on demand.
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