![\"TRC](\"https:\/\/www.colombotelegraph.com\/wp-content\/uploads\/2014\/05\/Anusha.jpg\")
<\/a>TRC head Anusha Palpita<\/p><\/div>\n
In a piece published in today\u2019s Daily Mirror Business section, it has been pointed out that although the government has been blamed for influencing the ISPs to block certain news sites such as Colombo Telegraph<\/span><\/a>, due to the lack of evidence of the blockage being legally instituted by the government the ISPs are vulnerable to legal action in the future.<\/p>\n Presently there are two ISPs listed in the Colombo Stock Exchange and the piece points out that the ISPs can be sued in the future by any of their subscribers or even a virtual class action\/ representative action for past damages on behalf of millions of subscribers.<\/p>\n \u201cThe larger the subscribers base of the ISP, the greater the vulnerability,\u201d it notes.<\/p>\n The piece further notes although the TRC is legally entitled to license and exercise oversight to ISPs under the Sri Lanka Telecommunications Act \u2013 it does not grant any legal right for the TRC to express right to the ISPs to issue any arbitrary directive to block or restrict access to some websites at its own discretion.<\/p>\n It points out the laws have been carefully drafted in fact to be on the contrary \u2013 among the general objectives of the Act being to \u2018to ensure that operators are able to carry out their obligations for providing a reliable and efficient service free of undue delay, hindrance or impediment\u2019.<\/p>\n Hence,\u00a0Verit\u00e9\u00a0points out that:<\/p>\n 1. No other authority, not even the president, is empowered to give a directive to the ISPs, apart from the TRC \u2013directives to the ISPs can be lawful only when they come through the TRC.<\/p>\n 2. Directives from the TRC should have been received in writing by the ISPs and available for examination by a court of law. Principles of administrative law wouldn\u2019t ascribe credibility to claims of receiving directives only orally.<\/p>\n 3. The TRC has no power to issue directives at its whim and fancy. The directives of the TRC are lawful only when they conform to the Legality-Test.<\/p>\n Therefore, it notes that if an ISP is unable to establish that the blocking of a website has been done with proper due diligence in respect of the above, then it can be accused of having acted illegally. In order to establish its actions have been legal, it would need to be able to provide evidence of a request from the TRC which cites the relevant published decisions of the government or asserts itself to be based on written directives of the minister.<\/p>\n The piece has also stressed on the importance the basic right of any customer of an ISP to know the limits imposed on the service for which she is paying.<\/p>\n \u201cIt is curious that despite the significant public concerns no Sri Lankan ISP has so far made the list of sites that they block public. The failure to share this information can be seen as increasing their culpability, in the event that the blockades themselves are one day found to be illegal,\u201d it notes drawing examples from the Internet giant Google, with the manner in which it deals with situations if it is pressured governments of politicians to act in way inimical to public interest, it either.<\/p>\n \u201cIt is curious that despite the significant public concerns no Sri Lankan ISP has so far made the list of sites that they block public. The failure to share this information can be seen as increasing their culpability, in the event that the blockades themselves are one day found to be illegal,\u201d it notes drawing examples from the Internet giant Google – with the manner in which it deals with situations if it is pressured by governments or politicians to act in a way that is inimical to public interest, by either refusing or resisting requests that are not lawful or not in the public interest or publishing requests made and how they were handled.<\/p>\n Related posts;<\/span><\/p>\n President Rajapaksa Phoned TRC Palpita To Ask Colombo Telegraph Blockade<\/a><\/strong><\/span><\/p>\n Ranil Demands Rajapaksa Unblock Web Sites<\/a><\/strong><\/span><\/p>\n TRC Head Palpita \u2018Selective\u2019 And \u2018Inconsistent\u2019<\/a><\/strong><\/span><\/p>\n Dhanapala Steps Down From Dialog Board<\/a><\/strong><\/span><\/p>\n Fears For Ad Revenue From Dialog Stops Sri Lankan Print Media From Taking Dhanapala Issue<\/a><\/strong><\/span><\/p>\n Dhanapala Must Take A Stand And Resign From Dialog, Condemn Its Illegal, Unethical Behaviour \u2013 Kumar David<\/a><\/strong><\/span><\/p>\n \u2018I Give Dhanapala The Benefit Of The Doubt\u2019 Says Radhika<\/a><\/strong><\/span><\/p>\n <\/strong>Calling Jayantha Dhanapala A Liar, Or The Tragedy Of Lankan Public Life<\/a><\/strong><\/span><\/p>\n Swedish Govt. Appointee Dhanapala\u2019s Unethical Behavior Embarrassment To The SIPRI<\/a><\/strong><\/span><\/p>\n \u2018Dhanapala Must Choose\u2019 Says Saravanamuttu<\/a><\/strong><\/span><\/p>\n <\/strong>Picture Evidence: After Dhanapala Addressed BASL Meeting Dialog Blocked Colombo Telegraph Again<\/a><\/strong><\/span><\/p>\n Unlawful Restrictions On Media By State Or Private Actors Is A Matter Of Serious Public Concern And Must Be Questioned \u2013 Bishop Chickera And Prof. Savitri<\/a><\/strong><\/span><\/p>\n <\/strong>Dialog Unblocked Colombo Telegraph For Dhanapala To Address A Public Meeting<\/a><\/strong><\/span><\/p>\n <\/strong>Jayantha Dhanapala Is A Liar; Caught Lying Over Silence On Colombo Telegraph Blocking<\/a><\/strong><\/span><\/p>\n Jayaratne Says Dhanapala Will Stand By Best Practices, Dhanapala Pussyfoots On Illegal Web Blocking<\/a><\/strong><\/span><\/p>\n International Press Institute Urges UN To Ensure Interference With Colombo Telegraph Ends<\/a><\/strong><\/span><\/p>\n <\/strong>Colombo Telegraph Has Every Right To Raise Dhanapala\u2019s Conflict Of Interest; Friday Forum Member Speaks Out<\/a><\/strong><\/span><\/p>\n Article 19 Slams Ban On Colombo Telegraph Website<\/a><\/strong><\/strong><\/span><\/p>\n Dialog Board Director And Friday Forum Member Jayantha Dhanapala Fails To Stop CT Blockade On Dialog Network<\/a><\/strong><\/span><\/p>\n Dhanapala May Be Influenced By Large Payment He Receives From Dialog \u2013 Professor Kumar David<\/a><\/strong><\/span><\/p>\n \u2018Dhanapala\u2019s Position Ethically Untenable\u2019 Says Dr. Pradeep Jeganathan<\/a><\/strong><\/span><\/p>\n Sara Says \u2018Dhanapala \u2013 WebBlocking\u2019 Issue Needs To Be Resolved Within The Framework Of Good Governance<\/a><\/strong><\/span><\/p>\n Subtle Business Interests More Damaging Than Anti\u2013Democratic Regime: Dhanapala Should Answer Conflict Of Interest Questions \u2013 Dr. Nirmal Ranjith<\/a><\/strong><\/span><\/p>\n Sri Lanka Blocks Websites And The President Lies On Twitter<\/a><\/strong><\/span><\/p>\n Once Again Colombo Telegraph Blocked; Dialog And Etisalat Tamper DNS Responses<\/a>\u00a0<\/strong><\/span><\/p>\n TRC Blocks Colombo Telegraph, Warns Service Providers To Maintain It\u2019s A \u2018Technical Glitch\u2019<\/a><\/strong><\/span><\/p>\n Colombo Telegraph Blocked, How To Reach Us Now: Sri Lanka Telecom And Mobitel Joins The DPI Club!<\/a><\/strong><\/span><\/p>\n Sri Lankan Govt. Periodically Blocked Colombo Telegraph In 2013: US Human Rights Report<\/a><\/strong><\/span><\/p>\n History of Colombo Telegraph blocking<\/strong><\/p>\n First -December 26, 2011 –\u00a0We are blocked but we will not be stopped<\/a><\/strong><\/span><\/p>\n Second –\u00a0May 8, 2012 –\u00a0Colombo Telegraph Blocked Again<\/a><\/strong><\/span><\/p>\n Third –\u00a0March 29, 2013 \u00a0–\u00a0Sri Lanka Blocks Colombo Telegraph<\/a><\/span>\u00a0and\u00a0<\/strong>Selected Tweets: Colombo Telegraph Unblocked<\/a><\/strong><\/span><\/p>\n Fourth –\u00a0August 23, 2013 –\u00a0Colombo Telegraph Blocked, How To Reach Us Now: Sri Lanka Telecom And Mobitel Joins The DPI Club!<\/strong><\/a><\/span><\/p>\n Other attempts\u00a0<\/strong><\/p>\n October 26, 2012 –\u00a0Colombo Telegraph Was Hacked<\/a><\/strong><\/span><\/p>\n August 9, 2012\u00a0ColomboTelegraph Password Cracking Attempt Blocked<\/a><\/strong><\/span><\/p>\n