Regulation of Election Expenditure Act; A weak legislation needing empowerment by All stakeholders– Mahinda Deshapriya

By Yohan Perera and Kurulu Koojana Kariyakarawana   
The best expectations of the recently passed Regulation of Election Expenditure Act No.3 of 2023 could be achieved only through the unity of journalists and civil activists, as the act was drafted in such manner to be a very weak legislation, former Election Commission Chairman Mahinda Deshapriya said yesterday.   

Speaking during a panel discussion on ‘Campaign Finance Transparency Towards Electoral Accountability and Role of the Media’ organized by the Centre for Investigative Reporting (CIR) in Colombo, Deshapriya said the Regulation of Election Expenditure Act has legal lacunas.   
“Inadequate powers of Election Commission could make the legislation inactive at times. Only the Attorney General has the power to file legal action against a member of an elected body in Sri Lanka. Effective action could be taken against a politician if he or she violates the act if the Election Commission has the power to file legal action,” he added.   

He said the act could be made more effective if all stakeholders including civil leaders, media, election monitors and other stakeholders get together and enforce a dialogue on the issue.   
Deputy Executive Director Transparency International Sri Lanka (TISL) Sankhitha Gunaratne said the act does not have any provision to deal with politicians who give wrong information on campaign financing.   
Leading journalist Mandana Ismail Abewickrema highlighted that all stakeholders could come to at least to a minimum agreement on matters when it comes to ensuring transparency in campaign financing and generally on election reporting.   
“Conflict of interest on the part of journalists and media institutions could be an obstacle in exposing politicians who comment offenses especially during an election. Media institutions seeking advertising revenue creates conflicts of interests,” she said.   
Executive Director Institute of Democratic Reforms and Electoral Studies Executive Director Manjula Gajanayake who focused on the role of the media said there are no journalists who have specialized in election reporting in Sri Lanka.