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Proposed Online Safety Bill an assault on freedom of expression – ICJ

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The International Commission of Jurists (ICJ) states it is concerned that the newly proposed Online Safety legislation, if adopted in its present form, would serve to crush free expression and further contract an already shrinking civic space in Sri Lanka.

On 18 September 2023, the Ministry of Public Security gazetted a bill titled “Online Safety” intended to dramatically regulate the content of online communication, including by the general public.

Issuing a statement, the ICJ says it considers that several provisions of the bill would serve to undermine the exercise of human rights and fundamental freedoms in the country, including freedom of information and expression.  Of particular concern are provisions related to the setting up, appointment and functions of an Online Safety Commission and other experts, the vague and overbroad wording of conduct designated as punishable offences and unnecessary and disproportionate punitive sanctions.

“While the spread of online hate-speech and disinformation need to be tackled, this bill is deeply flawed in its design and would be open to abuse by the Sri Lankan government, which has persistenty failed to uphold freedom of expression,” said Ian Seiderman, ICJ’s Legal and Policy Director. “It risks being used to suppress important public debate regarding the conduct of the government and matters of public policy,” he added.

The Bill would establish an “Online Safety Commission” that would act to: “prohibit online communication of certain statements of fact; prevent the use of online accounts and inauthentic online accounts for prohibited purposes;  make provisions to identify and declare online locations used for prohibited purposes in Sri Lanka and to suppress the financing and other support of communication of false statements,” as well as other unspecified matters.

The Bar Association of Sri Lanka has called for the immediate withdrawal of the bill and for the adoption of a process of meaningful consultations with all relevant stakeholders prior to gazetting bills which ‘have a serious impact on the community at large.’

“The current draft fails to adhere to the principles of legitimacy, necessity and proportionality required for any State activity that restrict rights. It must be withdrawn or amended to be brought in line with Sri Lanka’s international human rights obligations guaranteeing freedom of expression, opinion, and information.” Seiderman added.

The ICJ considers that the Bill should not be evaluated in a vacuum, but instead must be read in conjunction with existing and proposed legislation that threaten human rights. Such laws include the extremely misused ICCPR Act of 2005, the Prevention of Terorrism Act (PTA), the Bureau of Rehabilitation Act, and the proposed Anti-Terrorism law which seeks to replace the PTA. This body of legislation, taken together, fosters a chilling effect on the exercise of fundamental freedoms restricting civil society while unduly expanding the reach of the security state.

Article 14 (1) (a) of the Sri Lankan Constitution gurantees the freedom of speech and expression. Article 19 of the International Covernant on Civil and Political Rights, to which Sri Lanka is a party, affirms the right to freedom of expression and opinion.

In July 2018, the UN Human Rights Council adopted by consensus a resolution  affirming that “the same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one’s choice, in accordance with articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.”



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PUCSL and Treasury under IMF spotlight as CEB seeks 11.5% power tariff hike

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The Public Utilities Commission of Sri Lanka (PUCSL) and the Treasury are facing heightened scrutiny as the Ceylon Electricity Board (CEB) presses for an 11.5 percent electricity tariff increase, a move closely tied to IMF-driven state-owned enterprise (SOE) reforms aimed at curbing losses and easing fiscal pressure on the State.

The proposed hike comes as the Treasury intensifies efforts to reduce the budgetary burden of loss-making SOEs under Sri Lanka’s IMF programme, which places strong emphasis on cost-reflective pricing, improved governance and the elimination of quasi-fiscal deficits.

Power sector sources said the PUCSL has completed its technical evaluation of the CEB proposal and is expected to announce its determination shortly.

The decision is being closely watched not only as a test of regulatory independence, but also as an indicator of how Treasury-backed fiscal discipline is being enforced through independent regulators.Under the IMF agreement, Sri Lanka has committed to restructuring key SOEs, such as, the CEB to prevent recurring losses from spilling over into public finances.

Treasury officials have repeatedly warned that continued operational losses at the utility could ultimately require state intervention, undermining fiscal consolidation targets agreed with the IMF.

The CEB has justified the proposed 11.5 percent hike by citing high generation costs, foreign currency loan repayments and accumulated legacy losses, arguing that further tariff adjustments are necessary to stabilise finances and avoid a return to Treasury support.

However, critics argue that IMF-aligned reforms should not translate into routine tariff hikes without meaningful improvements in efficiency, cost controls and governance within the utility.

Trade unions and consumer groups have urged the PUCSL to resist pressure from both the CEB and fiscal authorities to simply pass costs on to consumers.

They also note that improved hydropower availability should reduce dependence on expensive thermal generation, easing cost pressures and giving the regulator room to moderate any tariff increase.

Energy analysts say the PUCSL’s ruling will reflect how effectively the Treasury’s fiscal objectives are being balanced against the regulator’s statutory duty to protect consumers, warning that over-reliance on tariff increases could erode public support for IMF-backed reforms.

Business chambers have cautioned that another electricity price hike could weaken industrial competitiveness and slow economic recovery, particularly in export-oriented and energy-intensive sectors already grappling with elevated costs.

Electricity tariffs remain one of the most politically sensitive aspects of IMF-linked restructuring, with previous hikes triggering widespread public discontent and raising concerns over social impact.

The PUCSL is expected to outline the basis of its decision, including whether the proposed 11.5 percent increase will be approved in full, scaled down, or restructured through slab-based mechanisms to cushion low-income households.

An energy expert stressed that Sri Lanka navigates IMF-mandated fiscal and SOE reforms, the forthcoming ruling is widely seen as a defining moment—testing not only the independence of the regulator, but also the Treasury’s ability to pursue reform without deepening the burden on consumers.

By Ifham Nizam ✍️

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Bellana says Rs 900 mn fraud at NHSL cannot be suppressed by moving CID against him

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Dr. Bellana

Massive waste, corruption, irregularities and mismanagement at laboratories of the country’s premier hospital, revealed by the National Audit Office (NAO), couldn’t be suppressed by sacking or accusing him of issuing death threats to Health Secretary Dr. Anil Jasinghe, recently sacked Director of the National Hospital of Sri Lanka (NHSL) Dr. Rukshan Bellana told The Island.

Dr. Bellana said so responding to Dr. Jasinghe’s request for police protection claiming that he (Bellana) was directly responsible for threatening him.

The NPP government owed an explanation without further delay as the queries raised by NAO pertained to Rs 900 mn fraud/loss caused as a result of procurement of chemical reagents for the 2022 to 2024 period remained unanswered, Dr. Bellana said, pointing out that NAO raised the issue in June last year.

Having accused all other political parties of corruption at all levels, the NPP couldn’t under any circumstances remain mum on NAO’s audit query, DR. Bellana said, claiming that he heard of attempts by certain interested parties to settle the matter outside legal procedures.

The former GMOA official said that the NPP’s reputation was at stake. Perhaps President Anura Kumara Dissanayake should look into this matter and ensure proper investigation. Dr. Bellana alleged that those who had been implicated in the NAO inquiry were making an attempt to depict procurement of shelf time expired chemical reagents as a minor matter.

By Shamindra Ferdinando ✍️

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First harvest of rice offered to Dalada Maligawa

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Ven. Thibbatuwawe Sri Medhankara Thera, a member of the Thevava (officiating clergy) of the Sacred Tooth Relic, and Diyawadana Nilame Pradeep Nilanga Dela, participate in the Aluth Sahal Mangallaya ritual

Continuing a centuries-old tradition, dating back to the era of ancient kings, the annual ‘Aluth Sahal Mangalya’—the offering of alms prepared from the maiden harvest of rice—was ceremonially observed at the Sri Dalada Maligawa on Duruthu Full Moon Poya Day, 03rd January.

The religious observances were conducted with the participation of Ven. Thibbatuwawe Sri Medhankara Thera, a member of the Thevava (officiating clergy) of the Sacred Tooth Relic, and Diyawadana Nilame Pradeep Nilanga Dela.

In keeping with long-established customs, paddy harvested from lands belonging to the Sri Dalada Maligawa was brought from the Atuwa (granary) in Pallekele. The newly harvested rice was subsequently prepared and offered as Buddha Pooja to the Sacred Tooth Relic.

Text and Pic by SK Samarnayake ✍️

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