Court of Appeal Dismisses Broadcasting Guild’s Petition to Intervene in RTI Appeal

The Court of Appeal of Sri Lanka has ordered the dismissal of a petition filed by the Lanka Broadcasters Guild, which sought to intervene in an appeal filed by Asia Broadcasting Corporation (Pvt) Ltd (ABC)—the operator of Hiru TV—against a decision issued by the Right to Information Commission (RTIC). The Commission had earlier ruled that ABC is a public authority under the Right to Information Act, No. 12 of 2016.

The Lanka Broadcasters Guild, of which Hiru TV is a member, filed an intervention petition in this appeal, arguing that the RTIC’s decision would apply to all of its member institutions and therefore directly affect them. However, the Court of Appeal held that the Guild lacked legal standing (locus standi) to intervene in the appeal and dismissed the petition.

The case originated from an information request made by a citizen to Hiru TV. When the requested information was not provided, the citizen filed an appeal before the RTIC. In its decision dated June 20, 2024, the Commission ruled that Asia Broadcasting Corporation is a public authority performing a “public function or service” under Section 43(g) of the RTI Act. The Commission concluded that while the broadcaster was not obligated to disclose how a particular news item was obtained, it was required to provide the name of the editor responsible for the report in question.

ABC appealed this decision to the Court of Appeal. During the proceedings, the Lanka Broadcasters Guild, which includes other licensed broadcasters such as Derana TV, V FM, Neth FM, Bauddhaya, Rangiri, Siyatha, Saddha, and Supreme TV, applied to intervene in the appeal. ABC informed the court that it had no objection to the Guild being allowed to intervene. However, the citizen who originally requested the information strongly opposed the intervention, arguing that the Guild had no legal authority to intervene the case.

A hearing on the matter was held before Justices R. Gurusinghe and Dr. Sumudu Premachandra.

President’s Counsel Jagath Wickramanayake, representing the Guild, stated that the Guild is a voluntary organization of television and radio license holders in Sri Lanka, and that the RTIC’s decision against ABC would have a direct impact on all of its members. He submitted that the Commission’s discission of ABC as a public authority was based solely on its use of frequencies licensed under Section 28 of the Sri Lanka Rupavahini Corporation Act No. 6 of 1982 and Section 22 of the Sri Lanka Telecommunications Act No. 25 of 1991. He argued that the mere use of a licensed frequency by a private broadcaster does not, by itself, convert that broadcaster into an entity performing a public function under the RTI Act.

President’s Counsel Wickramanayake emphasized that the decision of the RTIC had far-reaching implications for all private broadcasters, and he requested that the Guild be allowed to intervene to protect the rights of its members.

However, Attorney-at-Law Suren D. Perera, appearing for the citizen, opposed this application. He argued that the Court of Appeal (Appellate Procedure) Rules of 1990 do not allow for third-party intervention in such cases. He further submitted that the Guild did not have a direct and substantial interest in the case, was not a party before the RTIC, and had no legal standing to join the current proceedings. He also stated that television broadcasters are considered to be performing a public service under the RTI Act, reinforcing the Commission’s decision.

After reviewing all submissions, the Court of Appeal ruled that the right of appeal is a statutory right and must be expressly granted by legislation. The Court emphasized that appeals are limited to the original parties involved and that it has no authority to expand that right to third parties. Since the Guild was not a party before the RTIC, it could not now claim the right to intervene. Therefore, the Court of Appeal dismissed the intervention petition filed by the Lanka Broadcasters Guild.

The Court further ordered that the original appeal filed by Asia Broadcasting Corporation (Pvt) Ltd will be heard on September 17, 2025.

Legal representation in the case included Attorney-at-Law Manoj Bandara, along with Attorneys T. Herath and Thamali Wijekoon, appearing for ABC on the instructions of Sudath Perera Associates. President’s Counsel Jagath Wickramanayake appeared for the Lanka Broadcasters Guild on the instructions of Niluka Dissanayake. Attorney-at-Law Aruni Senaratne appeared on behalf of the RTIC. The citizen was represented by Attorney-at-Law Suren D. Perera, along with Attorneys Manushika Cooray, Hiruni Perera, and Nureka Rodrigo, on the instructions of the Human Rights Law Chambers.