Online Safety Act (Sri Lanka) Explained

Short Title:Online Safety Act, No. 9 of 2024
Legislature:Parliament of Sri Lanka
Long Title:An Act to establish the Online Safety Commission; to provide safety from prohibited statements made online; to prevent the use of online accounts and inauthentic online accounts for prohibited purposes; to make provisions to identify and declare online locations used for prohibited purposes in Sri Lanka; to suppress the financing and other support of communication of prohibited statements and for matters connected therewith or incidental thereto
Citation:Online Safety Act, No. 9 of 2024
Territorial Extent:Sri Lanka
Enacted By:Parliament of Sri Lanka
Date Enacted:January 24, 2024
Date Signed:February 1, 2024
Signed By:Speaker of the Parliament
Date Effective:February 1, 2024
Administered By:Online Safety Commission of Sri Lanka
Bill:Personal Data Protection Bill
Bill Citation:Online Safety Bill
Introduced By:Minister of Public Security
Date Introduced:September 18, 2023
1St Reading:October 3, 2023
2Nd Reading:January 23, 2024
3Rd Reading:January 24, 2024
Related Cases:Supreme Court Determination on the Bill
Supreme Court:Supreme Court
Keywords:Online safety, Cybercrime, Internet regulation
Status:in force

The Online Safety Act, No. 9 of 2024 is a Sri Lankan Internet safety act aimed at regulating its citizens' Internet usage. It was announced in September 2023 and passed by Parliament on 24 January 2024 by a 108–62 vote.

The bill has been criticised by human rights groups, journalists and opposition politicians as a means of stifling freedom of speech.[1] [2]

Provisions

The bill aims to "make provisions to prohibit online communication of certain statements of fact in Sri Lanka" and "prevent the use of online accounts and inauthentic online accounts for prohibited purposes."[3] It proposes making the posting of content that is deemed "illegal" by a five-member commission, the Online Safety Commission, punishable by jail time.[4] It also makes social media platforms such as Facebook, Google and Twitter liable for such content.

President Ranil Wickremesinghe said the bill was intended to combat cybercrime, including data theft, child abuse and online fraud. According to Public Security Minister Tiran Alles, 8,000 instances of cybercrime were logged in Sri Lanka in 2023.

Reception

The bill has resulted in concerns that the government is attempting to suppress freedom of speech. Following the passage of the bill, a group of activists and opposition members protested outside the Parliament Building.

Domestic

Opposition politician Rauff Hakeem said the bill was "a manifestation of a government which is trying to dismantle even the remaining few safeguards for freedom of expression in this country and to destroy democracy." Samagi Jana Balawegaya politician Harsha de Silva called the bill "a threat to our democracy", saying that it would have "a severe negative impact on expanding e-commerce in Sri Lanka, to provide jobs to our youth and help our economy, which is in desperate need of growth."

Alles said the bill's intent was "not to suppress the media or the opposition", adding, "Any complaint will be taken up by the commission, who will be appointed by the president and they will decide how to act."

International

The Asia Internet Coalition opposed the bill when it was announced in September 2023, with managing director Jeff Paine saying, "the bill provides for a draconian system to stifle dissent and Sri Lankans' rights to expression." Human Rights Watch also criticised the bill, saying the Online Safety Commission would be able to arbitrarily decide "what online speech is 'false' or 'harmful', remove content, restrict and prohibit internet access, and prosecute individuals and organizations".

Julie Chung, the United States Ambassador to Sri Lanka, expressed concern about the potential impact of the bill.[5] Russian ambassador Levan Dzhagaryan said the bill was purely an internal matter for Sri Lanka.

See Also

Notes and References

  1. Web site: Mallawarachi . Bharatha . 2024-01-23 . Sri Lankan lawmakers debate controversial internet safety bill amid protests by rights groups . 2024-01-27 . . en.
  2. News: Jayasinghe . Uditha . January 24, 2024 . Sri Lanka passes new law to regulate online content . January 27, 2024 . Reuters.
  3. Web site: Mogul . Rhea . 2024-01-25 . Sri Lanka passes controversial bill to regulate online content . 2024-01-27 . . en . 2024-01-26 . https://web.archive.org/web/20240126212449/https://www.cnn.com/2024/01/25/media/sri-lanka-online-safety-bill-pass-intl-hnk/index.html . live .
  4. Web site: 24 January 2024 . Sri Lanka Parliament passes bill to regulate online content . 2024-01-27 . . en . 2024-01-27 . https://web.archive.org/web/20240127143720/https://www.aljazeera.com/news/2024/1/24/sri-lanka-parliament-passes-bill-to-regulate-online-content . live .
  5. Web site: 2024-01-26 . Russia backs Sri Lankan government over Online Safety Bill; calls matter purely internal . 2024-01-27 . . en . 2024-01-27 . https://web.archive.org/web/20240127040841/https://www.newindianexpress.com/world/2024/Jan/26/russia-backs-sri-lankan-government-over-online-safety-bill-calls-matter-purely-internal-2 . live .