Creating an Effective National Media Policy

Photo courtesy of Aithiya

Successive governments have consistently emphasized the need for a national media policy by appointing committees and drafting proposals. The NPP government is preparing to introduce a National Media Policy within three months. It is expected to be re-submitted with amendments based on the document originally drafted by President Ranil Wickremesinghe through an expert committee in 2023.

The 23 member panel of experts appointed by President Wickremesinghe to formulate a media policy, with funding from the UNDP, has been replaced by a group of 10 ex-officio government officials. The new committee also includes minor changes to the 13 members drawn from the media community with the addition of a representative for web-based media.

As a result of the Free Media Movement, attention was directed towards media reforms under the People’s Alliance government that came to power in 1994. The R.K.W. Gunasekara Committee and the Sidath Sri Nandalochana Committee, which was tasked with expanding the ownership of Lake House, were products of those efforts.

Although these committees made recommendations for media law reforms and the transformation of state controlled media into public service media, their proposals were largely ignored after changes in leadership.

Media organizations have also shown only lukewarm interest in implementing the recommendations of the committees. Once again, the Colombo Declaration was issued to advocate for media sector reforms, followed by the Tholangamuwa Declaration with the participation of the International Federation of Journalists.

The new policy framework addresses several key issues related to freedom of expression, including editorial independence, media ethics and the training and professional development of journalists. These concerns have been consistently highlighted in every media policy document drafted since 2004.

However, the primary concern remains whether the media industry, as a whole, functions as a workplace where employees are genuinely satisfied. The media landscape has expanded to include print, radio, television, websites and YouTube channels. Journalists now represent a wide range of sectors, differentiated by language, medium and whether they work in state controlled or privately owned institutions. Treatment of journalists and media workers varies significantly across organizations, often leading to disparities in rights, recognition and working conditions.

Salary inequality

Although journalists in state controlled media enjoy relatively better professional status, the situation in many privately owned media institutions remains significantly less favorable. In state run electronic and print media, journalists typically receive a fixed salary on a predictable schedule. However, numerous complaints suggest that, aside from a few well established private outlets, most private media organizations fail to ensure such consistency.

Moreover, a stark disparity exists within media institutions themselves. While those in senior or managerial positions are entitled to substantial salaries and benefits, journalists and media workers in lower ranks often receive meager compensation, highlighting deep-rooted wage inequality in the industry.

Another common allegation is that English language media workers in these institutions receive higher salaries than their counterparts in Sinhala and Tamil media despite performing similar roles.

Many private media organizations also pay little attention to the professional rights of journalists. Key issues include the absence of a proper recruitment process, clearly defined duties and working hours, formal appointment letters or employment contracts, leave entitlements and other basic benefits. Additionally, contributions to the EPF and ETF, insurance coverage, structured promotion pathways and the assurance of a minimum salary are often neglected.

Due to this ongoing neglect, provincial and freelance journalists are among the most vulnerable and disadvantaged in the media industry. These journalists generally fall into two categories: those who practice provincial journalism part time while holding other jobs in the government or private sector and those who work full time as freelance journalists. Full time freelance and provincial journalists are most affected by the absence of proper systems, protections and recognition in both state controlled and privately owned media institutions.

In the realms of news reporting and feature writing, payment for articles, as well as audio and visual reports, varies widely between institutions. There is no standardized payment structure across the industry. Instead, rates are arbitrarily determined by each media organization and these internally set amounts are treated as the norm.

The issues surrounding media professionalism have been acknowledged in the current draft of media policies under discussion. The relevant section states: “The media policy recognizes that journalists and other media workers should be provided with job security, adequate salaries, other benefits, insurance coverage, and the rights guaranteed to all workers under the law of the country. It further affirms that all individuals working in the media sector have the right to a work environment free from physical, sexual, psycho-social, or verbal harassment, and from any form of discrimination.”

However, simply including these principles in a policy document does not ensure their implementation. Media owners often remain unwilling to enforce such standards. For example, a critical question remains: can journalists and media workers freely form trade unions within their institutions and organize around them, in accordance with the legal rights afforded to all workers? While this right is protected under national labor law, in practice, its realization within the media industry is far from guaranteed.

The right to form trade unions and organize collectively has been established in state controlled media institutions, an achievement gained through past labor struggles. However, today, many of these unions function more as instruments of political influence than as representatives of workers’ rights. While independent unions technically exist, they too have often been absorbed into party politics.

It has become a longstanding tradition, dating back to before the 1970s, for trade unions affiliated with the ruling party or political coalition to act as power brokers within media institutions. A closer look at recent labor history reveals that unions such as the  Nidahas Sewaka Sangamaya [NSSU] and the Jathika Sewaka Sangamaya [JSS] bear significant responsibility for the politicization and erosion of trade union integrity in state controlled media.

Even if the NPP government aspires to break from this deeply entrenched pattern, doing so will be extraordinarily difficult.

Creating scapegoats for trade unions

A pervasive fear of trade unions exists within privately owned media institutions. This climate of apprehension stems largely from the negative perceptions instilled by successive governments toward organized labor. Ironically, many media owners understand the importance of trade unions and when it suits their interests are willing to provide the necessary space for them. Nonetheless, establishing or organizing a trade union within these institutions remains a formidable challenge not just for media workers but for employees across the private sector.

Although there have been several attempts to organize trade unions within the media sector over the past few decades, most have failed. These failures are often due to pressure and resistance from owners but also to internal issues such as inexperience, betrayal and burnout among the journalists leading these efforts. As a result, many of these individuals have faced retaliation and professional marginalization.

Despite these setbacks, efforts made in institutions such as the Wijeya Newspapers, Upali Newspapers and Swarnavahini should be recognized as valuable steps forward from the perspective of journalists and media workers. They represent important, if difficult, attempts to improve working conditions and assert labor rights within the media industry.

Organizing a trade union is an inalienable right of employees and plays a crucial role in fostering a peaceful and cooperative workplace environment. When employees are involved in the decision making process through their trade unions, they develop a sense of ownership and responsibility toward the organization. Trade unions provide a formal channel for discussing employee concerns with management, facilitating constructive dialogue between both parties.

Through the trade union, management and employees can negotiate a collective agreement that is typically renewed every one to two years. This agreement covers key issues such as salaries, allowances and working conditions. Such negotiations promote progress in the organization’s services or production by aligning the interests of both employees and owners.

Moreover, during profitable periods, owners can negotiate with trade unions to provide higher salaries and allowances while in times of financial difficulty employees may be asked to make temporary sacrifices. For this collaborative approach to succeed, owners must eliminate fear and suspicion towards trade unions and adopt a flexible, supportive stance.

Organizations that listen to employee demands and negotiate in good faith are less likely to experience industrial action. Ultimately, employee satisfaction is the most important factor in maintaining a productive and harmonious workplace.

Collective bargaining rights

Registration with the Labor Commissioner alone does not constitute a functional trade union. A trade union must have an active membership that regularly meets, makes decisions and collects dues. Most importantly, it must have the power to engage in collective bargaining.

To successfully negotiate a collective agreement, the union needs to represent a significant portion of the workforce, typically around forty percent of all employees. Overcoming this challenge requires setting aside hierarchical positions and fostering unity among all media workers, including freelancers and provincial journalists, as relying solely on institutional or staff journalists is insufficient.

Organizing employees by profession and grade can strengthen solidarity and enhance the union’s collective bargaining power.

Both journalists and media workers will only be truly satisfied when they receive salaries commensurate with their work. Regardless of how many media policy drafts are produced, little concrete attention has been given to this fundamental issue. Despite repeated emphasis on media freedom, training, ethics and the acquisition of new knowledge, the media industry cannot recover from its current challenges without fair and adequate compensation.

The chapter on the media titled “A Free Media Industry – A Balanced Information Society” in the NPP government’s policy statement does not address the professional rights of journalists. Therefore, it is essential that the proposed media policy explicitly includes the establishment of trade unions and guarantees the right of journalists, especially those in private media institutions, to organize within them.

Policymakers should engage in dialogue with media owners to facilitate this process. This will enable journalists to present their demands and concerns through trade unions, negotiate with management and reach mutually acceptable agreements. The involvement of the Labor Commissioner as a mediator would further strengthen and legitimize these agreements.