TV ad: DC refuses application for enjoining order
by Wasantha Ramanayake
The Colombo District Court yesterday refused an application for an
enjoining order seeking to restrain the controversial TV Commercial
featuring a small child who had been allegedly misused for a political
campaign.
Colombo District Judge K.H. Sumithrapala refused the application on
the basis of insufficient material.
Plaintiff V. M. Dayani Chandralatha, mother of two year old Navindu
Lakshan Premasiri had instituted action in the District Court claiming
Rs. 100 million as damages for telecasting the commercial. She also
sought to enjoin MTV Network, EAP Network Ltd. and the Telshan Network
from telecasting it.
The plaintiff cited Inoka Sathyangani, UNP Chairman Malik
Samarawickrama, its Secretary F.B.K.K. Weragoda, MTV, EAP and Telshan
networks as defendants.
President's Counsel Wijedasa Rajapakse for the plaintiff submitted
that first defendant Inoka Sathyangani had requested the permission of
the plaintiff to feature plaintiff's child Lakshan in a TV commercial to
promote a certain brand of milk powder.
The counsel submitted that although the plaintiff had been paid Rs.
3000 and the shooting was a torture for the child.
The counsel submitted that the petitioner was asked to sign a
document after giving money without showing the same to her nor was she
given a copy of it.
The counsel submitted that the respondents had illegally and
wrongfully used the commercial for the UNP political campaign other than
for the stated purpose. He submitted that the commercial was first
telecast on October 24. The petitioner had lodged a complaint with the
National Child Protection Authority on November 6.
President's Counsel Romesh de Silva for defendants submitted the
action was malafide and the purpose was other than law. He submitted
that the innocent child had been made use of for other purposes.
He further submitted that the plaintiff had failed to notify the
respondents about TV channels. He submitted that the petitioner could
not seek an enjoining order since action was belated.
President's Counsel Wijedasa Rajapakse with Kapila Liyanagama
instructed by Nimal Rajapakse appeared for the plaintiff.
President's Counsel Romesh de Silva appeared for first defendant.
President's Counsel Romesh de Silva with Amrisha Parthalingam
instructed by G.G. Arulpragasam appeared for MTV.
President's Counsel S.A. Parthalingam appeared for UNP Chairman Malik
Samarawickrama and Secretary F.B.K.K. Weragoda.
The case was fixed for November 23. |
