The Right to Information (RTI) Commission of Sri Lanka has ruled that private telecommunications operators can fall within the scope of the Right to Information Act when providing services under government-issued licences.
The ruling, issued on October 21, came following an appeal seeking information about restrictions imposed on social media platforms and communication applications during March and April 2022.
The Commission examined whether telecommunications services provided by private companies constitute statutory or public functions under Section 43(g) of the RTI Act.
It determined that telecommunications services have a public character because they operate under government-issued licences, use state-controlled radio-frequency spectrum and provide essential communication infrastructure to the public.
The Commission observed that the private ownership of a telecommunications company does not automatically exempt it from the RTI Act.
It further noted that telecommunications operators function within a regulatory framework designed to protect public interests, consumer rights and the reliability of communication services.
The decision also referred to previous Court of Appeal rulings recognising that certain private entities performing public functions can be subject to the RTI Act.
However, the Commission clarified that the application of the RTI Act is limited to activities connected to an operator’s statutory or public functions under its telecommunications licence.
The ruling does not automatically require the disclosure of all requested information, as exemptions under the RTI Act may still apply.
A further hearing will determine whether documents relating to the 2022 Government imposed social media restrictions can be released. (Newswire)