COLOMBO (UCAN): Church representatives, civil society and rights groups in Sri Lanka criticised the Online Safety Bill which was passed in parliament on January 24 despite strong objections that it will muzzle free speech and suppress dissent.
The new law grants broad powers to an Online Safety Commission to decide what constitutes prohibited statements and make recommendations to Internet service providers to remove content and disable access for those who are deemed offenders.
The commission is also empowered to mete out punishments, including five-year jail terms and heavy fines for social media users.
Opposition legislators protested the passing of the bill claiming that the amendments made to it did not fully conform to a ruling by the Supreme Court, which held that some of its provisions were unconstitutional.
Father Reid Shelton Fernando, former chaplain of the Young Christian Workers Movement in the Archdiocese of Colombo, described it as “a draconian law” and pointed to the “risk in allowing this commission to determine the truth.”
Opposition legislators protested the passing of the bill claiming that the amendments made to it did not fully conform to a ruling by the Supreme Court, which held that some of its provisions were unconstitutional
Father Fernando pointed out, “The president has the power to appoint all members of the commission, affecting its independence.” The prominent rights activist said that “not only was there no extensive discussion on the bill, but people still lack a serious understanding of its effects now that it has become law.”
The government of Sri Lankan president, Ranil Wickremesinghe’s said the law is aimed at battling cybercrime including child abuse, data theft and online fraud.
“It is not to suppress the media or the opposition… Sri Lanka had 8,000 cybercrime complaints last year. We all agree that we need laws to address these issues,” Tiran Alles, the minister for Public Security said while introducing the bill in the House.
“Does the country need such an act? The government did not listen to the concerns of the people. It wants to subjugate social media space because it will be difficult for them to win the next election,” Nuwan Thusarini, a university student and rights activist, said.
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Thusarini said the new law would have an impact on mainstream media. “Everybody urged the government not to pass the bill, but it had its political agenda,” she added.
…not only was there no extensive discussion on the bill, but people still lack a serious understanding of its effects now that it has become law
Father Fernando
Thyagi Ruwanpathirana, regional researcher for South Asia at Amnesty International said the passing of the Online Safety Act “is a major blow to human rights in Sri Lanka.”
Ruwanpathirana called the act “the newest weapon in the government’s arsenal of tools that could be used to undermine freedom of expression and suppress dissent.”
She pointed out that many parts of the law do not meet international human rights standards regarding freedom of expression and privacy online, and were vaguely worded.
“As people grapple with and voice their concerns amid hardships during Sri Lanka’s economic crisis and the impact of the government’s austerity measures, this legislation will be ripe for misuse by authorities. It will likely be used to further restrict civic space and crack down on critics and opposition,” she added.
“Sri Lankan authorities must demonstrate the political will to uphold their international human rights obligations and commitments by guaranteeing and ensuring respect for human rights before, during, and after elections,” she said.
The UN Office of the High Commissioner on Human Rights said the bill will have a chilling effect on freedom of expression.
The Asian Internet Alliance, the International Commission of Jurists, the Bar Association of Sri Lanka, and the Human Rights Commission of Sri Lanka also have raised concerns about the problematic aspects of the new law.
A group of activists and opposition members protested against the legislation outside parliament on the day it was passed.
“This legislation is a threat to our democracy,” Harsha de Silva, a lawmaker from the main opposition Samagi Jana Balawegaya alliance, said.
