Online Safety Bill to be amended – Attorney General tells court

Online Safety Bill to be amended – Attorney General tells court

October 18, 2023   01:56 pm

The Attorney General on Wednesday (18 Oct.) informed the Supreme Court that several provisions of the Online Safety Bill will be amended, as per a government decision.

Accordingly, the relevant amendments are due to be presented to the parliament at the Committee Stage, the Additional Solicitor General, appearing on behalf of the Attorney General, informed the Supreme Court, when petitions challenging the legislation were taken up in court today.

The hearing was held before a three-judge bench of the Supreme Court, consisting of Justices Priyantha Jayawardena, Shiran Gunaratne and Achala Wengappuli.

Nearly 50 petitions have been filed against the Online Safety Bill thus far, the president of the three-judge bench Justice Priyantha Jayawardena stated in open court.

Earlier this morning, speaking in parliament, Speaker Mahinda Yapa Abeywardena said that 45 petitions in total have thus far been filed against the proposed legislation.

The Online Safety Bill, published in the government gazette on September 18, aims to ban online communication of certain statements in the country, prevent the use of online accounts – both authentic and inauthentic – for the use of prohibited purposes, to suppress the financing and other support of communication of false statements and other related matters.

However, the Bill has come under fire for some of its problematic aspects, with the Asia Internet Coalition (AIC) which consists of multiple tech giants including Apple, Facebook, Google, Amazon and Yahoo, the International Commission of Jurists (ICJ), the Bar Association of Sri Lanka (BASL), and the Human Rights Commission of Sri Lanka (HRCSL) voicing concerns.

Several petitions were filed soon after the Bill was presented in parliament, by numerous parties including social activist and independent journalist Tharindu Uduwaragedara; Cardinal Malcolm Ranjith; the Socialist Youth Union (SYU); General Secretary of Samagi Jana Balawegaya (SJB) MP Ranjith Madduma Bandara; SJB’s Rehan Jayawickrama; former BASL presidents Saliya Peiris and Geoffrey Alagaratnam; National People’s Power (NPP) MP Dr. Harini Amarasuriya and Freedom People’s Congress (FPC) member Prof. G.L. Peiris, challenging various provisions included in the legislation, alleging that the relevant bill is in violation of the fundamental rights of freedom of speech and expression guaranteed by the Constitution.

Thereby, the petitioning parties have sought an order determining that if the relevant bill shall be passed, it must be approved by a two-thirds majority in parliament, followed by a referendum.

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