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CPA challenges constitutionality of controversial “Online Safety” Bill in SC

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Dr. Paikiasothy Saravanamuttu

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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Big fossil fuel companies are responsible for climate crisis but poor countries like Sri Lanka are battered by it – Greenpeace South Asia

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Greenpeace South Asia yesterday sounded a renewed alarm after a rapid analysis by World Weather Attribution (WWA) confirmed that human-induced climate change significantly intensified the extreme rainfall that battered Sri Lanka during Cyclone Ditwah and fuelled severe flooding across the Malacca Strait.

Greenpeace South Asia said that according to the study, the five-day rainfall extremes, like those unleashed by Ditwah, are now 28% to 160% more intense due to the 1.3°C of global warming already driven by greenhouse-gas emissions. Warmer sea surface temperatures in the North Indian Ocean — 0.2°C above the 1991–2020 average — supplied the additional energy that powered the cyclone’s rapid strengthening and heavy downpours.

WWA researchers stressed that Sri Lanka’s existing vulnerabilities magnified the disaster’s impact. Steep highlands funnelled water into densely populated floodplains, while unplanned urbanisation in flood-prone areas heightened exposure. Breakdowns in ICT systems meant early warnings failed to reach many, leaving low-income and marginalised communities to absorb the worst of the cascading disruptions to transport, electricity and essential services.

Avinash Chanchal, Deputy Director of Greenpeace South Asia, said the human toll was worsened by forces far beyond the island’s control.”During Cyclone Ditwah, we saw people coming together — neighbours rescuing neighbours, volunteers working through the night,” he said. “But while ordinary Sri Lankans showed up for each other, the real culprits were nowhere to be seen. The WWA study confirms what we already knew: this disaster was intensified by the carbon pollution of the world’s biggest fossil fuel companies. They caused the crisis, yet it’s the frontline communities who pay the price.”

Greenpeace warned that events like Ditwah signal a dangerous new normal for the region.”With increasing incidents, like Cyclone Ditwah, it is clear that extreme weather events are no longer isolated,” said Kumar. “Communities in South Asia will continue to struggle to cope with such conditions.”

The organisation urged countries most responsible for historic emissions to respond decisively. “This is high time that developed-country governments stop pretending this is normal,” Greenpeace said. “They must immediately cut emissions, phase out fossil fuels, and deliver real finance for loss and damage. Anything less is a betrayal of the people already living on the frontlines of climate breakdown.”

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Former Speaker arrested following road accident

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Asoka Ranwala

Former Speaker and NPP Member of Parliament Asoka Ranwala, who was involved in a vehicular collision Thursday night, has been arrested by the police.

He was taken into custody on charges of dangerous driving and failing to prevent an accident.

Police said that the MP is currently receiving treatment at the Colombo National Hospital and remains under police protection.

The accident occurred on Thursday (11) when the jeep in which the former Speaker was travelling collided with a car.

Police confirmed that the collision took place at Denimulla in Sapugaskanda.

A 25-year-old woman, her 6-month-old infant, and 55-year-old mother, who were travelling in the car, sustained injuries and were hospitalised.

Police added that the infant has been transferred to the Lady Ridgeway Hospital for Children for further treatment.

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Sajith protests against sneaky backdoor amendment

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Sajith

Opposition Leader Sajith Premadasa yesterday accused the government of pushing an amendment to the Universities Act No. 16 of 1978 in a manner that is “undemocratic” and lacking transparency.

Addressing the proposed changes, Premadasa said such a significant reform should not proceed without structured consultations with all relevant stakeholders, including academics, university administrators, and unions. He warned that the government is moving ahead without any formal dialogue or public clarity on the amendments.

The Opposition Leader highlighted that the proposed revisions would remove the current system under which deans and heads of departments are elected by university academics, transferring that authority to either the vice chancellor or the governing council. He cautioned that centralising such powers could create serious problems amid ongoing tensions in the higher education sector.

Premadasa alleged that, even before parliamentary approval, the University Grants Commission (UGC) Chairman had issued a letter directing vice chancellors to halt appointments of deans and department heads. He insisted that the instruction has no legal basis, contradicts established procedures, and violates existing law.

“The vice chancellors remain bound by the current law,” Premadasa said, claiming the government’s actions reflect an erosion of democratic practice and a move toward authoritarian decision-making.

He called on the government to temporarily suspend the amendment process and engage in wide-ranging consultations, insisting that reforms should be evidence-based and justifiable rather than measures that centralise power or weaken stakeholder participation.

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