The abuse of social media can have harmful and dangerous impacts - Justice Prasanna Jayawardane PC

The head table at the launch of book titled International Entertainment Law and New Media Law - Author Chanakya Jayadeva (2nd from left) Justice Prasanna Jayawardane PC (3rd from left)

24 November, 2019

 , media personality and lawyer launched his second book on Law and media titled International Entertainment Law and New Media Law in October this year.

Speaking at the book launch Supreme Court Justice Prasanna Jayawardane PC spoke of the abuse of Social Media causing hate, dissension and destruction and the irreversible damage it causes and explained how the book addresses diverse avenues within media law.

I am pleased to be here today and to have this opportunity to assist Chanakya in launching his book and, also, to listen to the speakers who are listed on the program, and learn from them about Entertainment Law and Media Law.

During my many years of practice - a significant part of which was in the broad field of Commercial Law - I appeared in several cases which dealt with Copyright. Although I must admit, I then looked at those cases and their content, from the lens of Intellectual Property Law, the questions which were in issue in those cases dealing with Copyright, particularly those in respect of Copyright in Music and Movies - could also be categorised as coming within the umbrella of Entertainment Law and Media Law.

Although I think I could claim something more than a passing acquaintanceship with Intellectual Property Law, I must confess I am a stranger to the intricacies of Entertainment Law and Media Law - and, as I said earlier - I look forward to learning something this afternoon.

In fact, I have already leafed through the book titled “International Entertainment Law and New Media Law” authored by Chanakya Jayadeva, Attorney-at-Law and found it to be instructive.

The book is well structured with separate Sections dealing with the key areas of the Law under consideration: (i) a section on Legal Rights arising from the different forms of `Entertainment’ and other `Content’ presented to the Public through various Channels including the Media; (ii) a section on `Assets’ created by such `Entertainment’ and `Content’, and how those `Assets’ are to be protected and managed by entering into appropriate and effective Contracts and by obtaining the Professional Services of the necessary Agents and Managers and, of course, Lawyers; (iii) sections on the Law on Rights arising from Books, Music and Movies; (iv) sections on Rights arising in relatively new areas such as Fashion Design and Video Games; (v) and a 2 separate section concentrating on the important subjects of ‘Social Media’, the `Internet’ and `Censorship’.

Throughout the book, Chanakya has referred to many decided cases and his anecdotal style of writing when referring to those decisions, is interesting and makes the book easy to read.

The book contains a compendium of Statute Law, decisions of the Courts, citations from academic writers and, importantly, the author’s own interpretations, opinions, views and conclusions, which invest the book with originality and value.

As a result, the book will be a valuable addition to the library of a practising Lawyer - whether he is a counsel or one involved in Chamber Practice - and also a useful ready reference for Corporate Executives who are in the fields of Media, Entertainment, Advertising, Communications, Public Relations and so on. I am happy to commend the book to you.

I would also like to commend the author for examining the subjects of `Social Media’, the `Internet and `Censorship’, in some detail.

As we all know, these relatively recent phenomena, have assumed critical importance in today’s Society and have an impact on all our daily lives - even the lives of those of us - like me - who are not on any form of Social Media ! As we have all seen, the abuse of Social Media to cause hate, dissension and destruction; the deliberate manipulation of Social Media to achieve one’s own ends and to damage, sometimes irreversibly damage, others; and the license provided by Social Media to spread the most brazen of falsehoods with impunity, can have very harmful and dangerous impacts on our community, our country and, in fact, globally.

This raises the question of whether the good of the community and national interest, justify the imposition of effective Censorship to prevent the abuse of Social Media and, then, the inextricably interlinked issues of whether doing so, will infringe on the Fundamental Right of citizens of our Country to the freedom of speech, expression and publication which is guaranteed by Article 14 (1) (a) of our Constitution, and also restrict what may be seen as a `Right to Information’ which, as you all know, is a much discussed developing concept. Separate questions arise on how Censorship which is justified and which is effective, can be imposed? Is that to be done by technological measures ? or by Laws and Law Enforcement ? or by a combination of both? These are questions of Jurisprudence which have to be addressed by lawyers, scholars, and, if required, the Courts. Similarly, the ready availability of Internet to virtually all the people in our country and the resulting access by all - even access by minors to Sites on the Internet which peddle depraved 3 content and, in some cases, access by adults who have a history of mental instability coupled with violence, to sites on the Internet which are awash with messages of hatred and exhortations to attack persons of particular races or religions or individual preferences - call for legal measures which address these issues and a careful consideration of the Jurisprudence which must underpin such measures so as to balance the various rights which are affected.

Chanakya Jayadeva has contributed well to our community and the legal profession and he has much more to offer.

I congratulate Chanakya on his authorship of the book that is being launched today and wish him well.

Thank you.