Lake House found guilty of violating Intellectual Property Rights – Land mark judgment on Journalistic rights

Sunday, 07 October 2012

The Supreme Court of Sri Lanka has ordered the state owned Associated News papers Ceylon Limited (ANCL known as Lake House) to pay Rs 1,000,000 together with costs to Chandragupptha Amerasinghe for the violation of his Intellectual Property Rights.

The Supreme Court had issued the directive on October 5th.

Amerasinghe had initiated legal action against ANCL after the newspapers Dinamina and Daily News had published some photographs taken by him during the 1983 Riots without his consent or approval.

The photographs had been published in the two newspapers on July 24, 1999.

Amerasinghe had initiated action against ANCL and obtained a judgment in his favour in the Colombo Commercial High Court.

ANCL however had appealed against the judgment to the Supreme Court.

The Supreme Court had last week upheld the High Court judgment and found ANCL to be guilty of violating Intellectual Property Rights.

The Supreme Court in its directive has stated, “There is indeed an urgent need for protection of journalists like the Respondent who with skill and commitment respond to the journalistic duty to honor the citizenry of our nation by fulfilling their primary obligation to report on facts in an unbiased, independent, undistorted, and disciplined manner, providing the unvarnished truth whilst maintaining an objective perspective of the people and events they cover. Their journalistic lens needs to be strengthened and empowered by law and their skills be developed through education and investment, propelling them in turn to report with a higher degree of accountability, independence and fairness. A nation of people who make their life’s choices on the information they receive from the media need to support and acknowledge their bravery and fearlessness especially when they become independent monitors of power and the checks and balances in exposing the truth, thereby being a cornerstone in creating a fair and just society. The extended lens of dedicated, fearless and responsible journalists has oft been the tool in effecting social justice and they must be protected, nurtured and supported, as much as an irresponsible journalist who distorts and violates the truth for biased reasons must be soundly condemned and exposed as they shame a noble profession.”

Please log on to the link below for full details of the Supreme Court Judgment:

http://www.supremecourt.lk/images/documents/SCCHC_Appeal_30_2003.pdf

Photographed  by Chandragupptha Amerasinghe