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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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Civil society activist accuses govt. of favouring Ven. Gnanasara

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Galagodaatte Gnanasara / Viyangoda

Court of Appeal issues warrant for monk’s arrest

by Shamindra Ferdinando

Civil society activist Gamini Viyangoda on Monday (28) lambasted the NPP government for its failure to act promptly on the Supreme Court cancelling the presidential pardon granted to the General Secretary of Bodu Bala Sena (BBS) Galagodaatte Gnanasara.

Addressing a gathering at the Sri Lanka Foundation to mark the launch of ‘Rajapaksha Samagama’ and ‘Pasku Praharaye Thoththa Babala’ by Lasantha Ruhununuge and Tharindu Uduwaragedara and M.F.M., Faseer, Viyangoda alleged that President Dissanayake’s government was also acting in a manner partial to Gnanasara Thera, the way all previous governments had done.

The NPP should be ashamed of its pathetic failure to act swiftly and decisively, immediately after the Supreme Court revoked President Maithripala Sirisena’s pardon. Viyangoda said that the government owed an explanation as to why law enforcement authorities couldn’t apprehend Gnanasara, following the announcement made on 14 Sept. “For two weeks what were they doing,” he asked.

Ven. Gnanasara was sentenced, in 2018, for a six-year period for contempt of court and intimidating Sandya Eknaligoda, the wife of Prageeth Eknaligoda who disappeared in 2010. But, President Sirisena pardoned him before the convicted monk completed one year of his six-year term.

Viyangoda said that Ven. Gnanasara had openly moved about freely, launched a book and acted as if the Supreme Court ruling didn’t have any impact. Every minute Gnanasara stayed in the open it was an affront to the Supreme Court, Viyangoda said, accusing the government of shielding a wrongdoer.

Referring to certain incidents during the Yahapalana time, Viyangoda revealed that he personally sought the then Prime Minister Ranil Wickremesinghe’s direct intervention to have Ven. Gnanasara, hiding at a faraway temple, apprehended. “I met Wickremesinghe at Temple Trees. When I raised the failure on the part of police to apprehend Gnanasara, Wickremasinghe immediately called Sagala Ratnayake, who was in charge of public security at that time. Ratnayake promised to take the monk to custody the following day. The next day, Gnanasara surrendered through a lawyer.”

Viyangoda alleged that the Wickremesinghe government had shielded Vem. Gnanasara. The Wickremesinghe-Sagala Ratnayaka duo did that in style, he said, accusing the present government, too, of doing the same.

The Court of Appeal yesterday (29) issued a warrant for the arrest of Gnanasara Thera and ordered that he be produced before the court on 1 Oct.

The court further directed that the warrant be executed through the Inspector General of Police.

This happened when a motion filed by the Attorney General, seeking an order to enforce the prison sentence imposed on Gnanasara Thera, was taken up before the Court of Appeal.

The motion was heard before a Court of Appeal bench, comprising Justices Mayadunne Corea and Lakmali Karunanayake.

President’s Counsel Anura Meddegoda, appearing for Gnanasara Thera, told the court that his client was resting due to illness and requested a date to study the motion and make submissions.

But State Counsel Sajith Bandara declared that the matter concerned a criminal case and requested that the court issue a warrant if the accused failed to appear before the court.

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More cops than cones

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Colombo’s bus priority lane rule returned today, 29 September, as a pilot programme across the city and nearby areas. It applies from 6 a.m. to 9 a.m. and from 4 p.m. to 7 p.m. daily. The renewed operation covers seven designated lanes, meant to cut delays and make public transport more predictable.

Transport Minister Bimal Rathnayake said officials would monitor the trial to assess its effect on congestion and public transport efficiency. Police have told all officers to take legal action against violators. Drivers may enter a lane only in unavoidable cases, such as emergencies, exceptionally heavy traffic, or to cross it when turning.

The Lanka Private Bus Owners’ Association has welcomed the move, and Metro Bus is adding five new routes.

The rule has been revived before, and past efforts struggled with enforcement, so the pilot project’s results will matter.

(Image courtesy Hiru)

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Sajith accuses govt. of using data selectively in crucial report

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Sajith Premadasa

Opposition Leader Sajith Premadasa has said the government is attempting to paint a falsely beautiful picture of the country’s situation through the Socio-Economic Data report issued together with the Census and Statistics and the Central Bank. “They have selectively included certain information while intentionally omitting other vital facts,” Premadasa has said in a media statement. When presenting data, there must be chronological consistency and integrity. The Central Bank and the Department of Census and Statistics have no right to present outdated data to formulate a conclusion, thereby marginalising an entire segment of the population, Premadasa has argued, pointing out that their primary duty is to report accurate information to the public.

Premadasa says that up to page 18 of the report, recent data from 2023 to 2025 have been used. For main economic indicators, macroeconomic indicators, demographic data, and life expectancy, 2024 data have been used. Indicators such as external trade finance, consumer price indices, Real GDP, imports and exports, prosperity indices, and human development indices have also been compared with Asian and SAARC countries using recent data. However, for the section detailing socio-economic conditions from page 19 to page 34, the data used are exclusively from the outdated 2016–2019 period.

When discussing socio-economic conditions, the data used for household income and expenditure surveys, provincial-level conditions, housing facilities, energy consumption, cooking, and population distribution are entirely from 2016 to 2019, the Opposition Leader has said. Specifically, the data on poverty mentioned on page 33, and even the data on per capita daily food consumption capacity on page 34, belong to this old 2016–2019 timeframe. Formulating a report for the year 2026 using such outdated data is a deliberate attempt to mislead the country and its people.

Premadasa says that from page 35 onwards, fresh 2025 data have been used for sections on prosperity, demographics, the labour force, and employment. Recent data based on current market conditions have also been provided for Gross National Income (GNI) by industrial sources, food prices, imports and exports, tourism, government revenue, state debt, and interest rates.

“If the authorities can present recent data (for 2023, 2024, and 2025) for foreign debt, financial activities, financial sector trends, and money supply, why are they using 2016 and 2019 data for poverty to mislead the country?” the Opposition Leader has asked, pointing out that the main report and its summary prove that while the government uses updated data for macroeconomic aspects, it uses obsolete data regarding poverty, inequality, income distribution, and living standards. The Opposition Leader has called this a historic deception regarding the country’s poverty, asking whether the 12.11.2026 Budget will be on these false data?

Premadasa has said that the government claims that a person can survive for 30 days on Rs. 17,315, which is an absolute lie and a deception. “This Government lacks updated data or definitions for poverty. Since the country went bankrupt, a proper household income and expenditure survey has not been conducted, nor has the poverty line been accurately identified.” He questioned whether the upcoming budget, scheduled for 12.11.2026, will be based on these false and flawed data.

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