Private telecommunications operators can be covered by the Right to Information (RTI) Act when they provide services under government-issued licences, the RTI Commission of Sri Lanka has ruled.
The ruling, issued on 21 October, followed an appeal seeking information about restrictions imposed on social media platforms and communication applications in March and April 2022.
The Commission examined whether telecommunications services provided by private companies amount to statutory or public functions under Section 43(g) of the RTI Act.
It found 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 said private ownership of a telecommunications company does not automatically exempt it from the Act. It added that operators work within a regulatory framework designed to protect public interests, consumer rights and the reliability of communication services.
The decision also referred to earlier Court of Appeal rulings that recognised that certain private entities performing public functions can be subject to the RTI Act.
The Commission clarified that the Act applies only to activities connected to an operator’s statutory or public functions under its telecommunications licence. The ruling does not automatically require disclosure of all the information requested, because exemptions under the Act may still apply.
A further hearing will decide whether documents relating to the 2022 government-imposed social media restrictions can be released.
Background
The Right to Information Act, passed in 2016, gives citizens the right to request information held by public authorities. The RTI Commission hears appeals when an information officer refuses a request or does not respond.
In early April 2022, during protests over the economic crisis, access to several social media platforms and messaging applications in Sri Lanka was restricted for several hours. The appeal behind this ruling concerns information about restrictions imposed in March and April of that year.
Telecommunications operators in Sri Lanka work under licences issued under the country’s telecommunications law, and the radio-frequency spectrum they use is managed by the state. These are the features the Commission relied on in reaching its finding.
What it means
The ruling means a request for information addressed to a private telecom operator can be considered under the RTI Act, where it relates to the operator’s licensed public functions. Requests about purely commercial matters are outside that scope, as the Commission made clear.
For members of the public, journalists and researchers, the decision opens a route to seek records on how communication services were restricted in 2022. Whether those records will be released depends on the further hearing and on any exemptions the operators or authorities may rely on.
