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CPA challenges constitutionality of controversial “Online Safety” Bill in SC
The Centre for Policy Alternatives (CPA) last Wednesday filed a petition in the Supreme Court challenging the constitutionality of the contentious “Online Safety” Bill. Led by its Executive Director, Dr. Paikiasothy Saravanamuttu, CPA expressed deep concerns over this Bill, which was gazetted on September 15, 2023, and subsequently presented in Parliament for its first reading on October 3.
In its Petition, CPA argues that the Bill, in its entirety, contravenes multiple articles of the Constitution, including entrenched provisions. As a result, CPA contends that the Bill should not only secure the approval of two-thirds of Members of Parliament but also be subjected to a referendum to be approved by the people.
One of the primary concerns raised by CPA pertains to the vague and overly broad offenses outlined in the Bill, as well as the extensive powers bestowed upon the “Online Safety Commission.” CPA fears that these provisions could significantly curtail the exercise of Fundamental Rights by the citizens of Sri Lanka.
The Petition specifically challenges various aspects of the Online Safety Bill that are perceived to violate Constitutional articles, including but not limited to:The ambiguity surrounding the Bill’s objectives, particularly the Online Safety Commission’s authority to “protect” individuals against the harm caused by “alarming or distressing statements.”
The overly broad and unconstitutional nature of the enumerated “prohibited statements” in the Bill.
The arbitrary and unreasonable powers granted to the Online Safety Commission, including the exercise of judicial authority, which conflicts with Constitutional principles.
The discretionary authority granted to the Minister to appoint private individuals as “experts,” who are subsequently endowed with extensive powers impacting citizens’ liberties, with no oversight or accountability.
The questionable ability of the Online Safety Commission and the Minister to establish rules and regulations on ‘Online Safety,’ due to the imprecise and inadequate criteria within the relevant clauses.
CPA and its Executive Director assert that the Online Safety Bill’s provisions are inconsistent with various key articles of the 1978 Constitution of Sri Lanka, including Articles 3, 4(c), 10, 12, 14(1)(a),(b),(c),(e),(f), and (g), as well as 14A(2). Therefore, they maintain that the Bill cannot become law without the approval of both a referendum and a two-thirds vote of all Members of Parliament. The legal challenge to the Bill sets the stage for a critical debate over its constitutionality and potential impact on fundamental rights in Sri Lanka.
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Maldivian President plants a sapling to mark 60 years of Sri Lanka–Maldives Diplomatic Relations
President of the Maldives, Dr Mohamed Muizzu, who is on a State Visit to Sri Lanka at the invitation of President Anura Kumara Dissanayake, planted a sapling this afternoon (04) at Viharamahadevi Park in Colombo to commemorate 60 years of diplomatic relations between Sri Lanka and the Maldives.
Upon arrival at the Viharamahadevi Park in Colombo, President Dr Mohamed Muizzu was warmly received by President Anura Kumara Dissanayake. Children lined both sides of the pathway holding the national flags of the two countries and paid tribute to the visiting Maldivian President.
Among those present at the occasion were Deputy Speaker Rizvi Salih, Minister of Foreign Affairs, Foreign Employment and Tourism, Vijitha Herath and the Mayor of Colombo, Vraie Cally Balthazaar, along with several other dignitaries.
[President’s Media Division (PMD)]
Following the bilateral meeting between President Anura Kumara Dissanayake and President Dr. Mohamed Muizzu of the Maldives, who is currently on a State visit to Sri Lanka, official-level bilateral discussions between the delegations of the two countries were held this morning (04) at the Presidential Secretariat.
The discussions commenced after the formal welcome ceremony accorded to President Dr. Mohamed Muizzu earlier this morning within the Presidential Secretariat premises.
Extending a warm welcome to the Maldivian President, President Anura Kumara Dissanayake expressed his appreciation for accepting the invitation to visit Sri Lanka.
President Dissanayake noted that President Muizzu’s visit, taking place as the two nations mark 61 years of diplomatic relations, reflects the strong partnership, mutual trust and longstanding friendship between Sri Lanka and the Maldives. The President further expressed confidence that the visit would mark a new phase in bilateral relations.
The two leaders engaged in extensive discussions on ways to further expand and diversify multifaceted cooperation, including economic, cultural and social ties, in a manner that delivers mutual benefits to the people of both countries.
Key areas of focus included tourism promotion, educational cooperation, youth and sports development, challenges faced by both nations in the fisheries sector within the Indian Ocean region, education and vocational training, as well as defence training and broader security cooperation.
Representing the Government of Sri Lanka were Minister of Foreign Affairs, Foreign Employment and Tourism, Vijitha Herath, Minister of Labour and Deputy Minister of Finance and Planning, Anil Jayantha Fernando, Minister of Science and Technology, Krishantha Abeysena; Deputy Speaker Rizvie Salih, Secretary to the President, Dr. Nandika Sanath Kumanayake, Secretary to the Ministry of Defence, Air Vice Marshal Sampath Thuyacontha (Retired), Additional Secretary to the Ministry of Foreign Affairs (covering Europe, North America, East Asia and Oceania, Southeast Asia and Central Asia, South Asia, the Middle East and Legal Affairs) M. R. K. Lenagala, Sri Lanka’s High Commissioner to the Maldives, Mohamed Rizvi Hassan and Director (South Asia and SAARC) of the Ministry of Foreign Affairs, Foreign Employment and Tourism, Mahesha Jayawardena.
The Maldivian delegation included Minister of Foreign Affairs Iruthisham Adam, Minister of Economic Development and Trade, Mohamed Saeed, Minister of Fisheries, Agriculture and Marine Resources, Ahmed Shiyam, Minister of Homeland Security and Technology, Ali Ihusaan, Chief of Staff to the President, Abdulla Fayaz, Principal Secretary to the President on Foreign Relations, Mohamed Naseer; Chief Government Spokesperson, Mohamed Hussain Shareef, High Commissioner of the Maldives to Sri Lanka,Masood Imad; Minister of State for Foreign Affairs and Chief of Protocol , Mohamed Shahudy, Deputy Minister at the President’s Office, Mr Mohamed Hassaan and Minister Counsellor at the Maldives High Commission in Sri Lanka, Mr. Ismail Mamdhooh.
[President’s Media Division (PMD)]
Seven Memoranda of Understanding (MoUs), signed across several sectors between the Maldives and Sri Lanka, were formally exchanged this morning (04) at the Presidential Secretariat in the presence of President Anura Kumara Dissanayake and President Dr. Mohamed Muizzu of the Maldives.
Marking a new chapter in Maldives–Sri Lanka relations, the MoUs cover cooperation in the fields of health, sports, tourism, education and defence.
Accordingly:
1. MoU on Tourism Cooperation between the Democratic Socialist Republic of Sri Lanka and the Republic of Maldives was exchanged by Maldives Minister of Foreign Affairs, Ms Iruthisham Adam and Sri Lanka’s Minister of Foreign Affairs, Foreign Employment and Tourism, Vijitha Herath.
2. MoU on Archiving Cooperation between the Department of National Archives of Sri Lanka and the National Archives of the Maldives was exchanged by Maldives Minister of Foreign Affairs, Ms Iruthisham Adam and Sri Lanka’s Minister of Foreign Affairs, Foreign Employment and Tourism, Vijitha Herath.
3. MoU on Training and Professional Development of Teachers and School Leaders between the Ministry of Education, Higher Education and Skills Development of the Maldives and the Ministry of Education, Higher Education and Vocational Education of Sri Lanka was exchanged by Maldives Minister of Foreign Affairs, Ms Iruthisham Adam and Sri Lanka’s Minister of Foreign Affairs, Foreign Employment and Tourism, Vijitha Herath.
4. MoU on Sports and Youth Development Cooperation between the Republic of Maldives and the Democratic Socialist Republic of Sri Lanka was exchanged by Maldives Minister of Foreign Affairs, Ms Iruthisham Adam and Sri Lanka’s Minister of Youth Affairs and Sports, Sunil Kumara Gamage.
5. MoU on Defence Cooperation between the National Counter Terrorism Centre of the Maldives and the Ministry of Defence of Sri Lanka was exchanged by the Maldives High Commissioner to Sri Lanka, Masood Imad, and the Secretary to the Ministry of Defence, Air Vice Marshal Sampath Thuyacontha (Retired).
6. MoU between the Ministry of Defence and National Service of the Maldives and General Sir John Kotelawala Defence University of Sri Lanka was exchanged by the Maldives High Commissioner to Sri Lanka, Masood Imad and the Vice Chancellor of General Sir John Kotelawala Defence University, Rear Admiral Dammika Kumara.
7. MoU on Academic Cooperation between the University of Colombo of Sri Lanka and the Ministry of Health, Family and Welfare of the Maldives was exchanged by Maldives High Commissioner to Sri Lanka, Masood Imad and the Vice Chancellor of the University of Colombo, Professor Indika Mahesh Karunathilake.
The state visit of President Dr Mohamed Muizzu, undertaken at the invitation of President Anura Kumara Dissanayake, aims to further strengthen economic, cultural and social ties between the two countries, while enhancing their multifaceted partnership.
Cabinet Ministers, government officials and members of the Maldivian delegation, representing both Sri Lanka and the Maldives, were present at the occasion.
[President’s Media Division]
Maldivian President plants a sapling to mark 60 years of Sri Lanka–Maldives Diplomatic Relations
Sri Lanka and Maldives strengthen ties with productive bilateral talks
Maldives and Sri Lanka exchange seven MOUs
Warm Welcome Accorded to the President of the Maldives at the Presidential Secretariat
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