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CPJ calls on Lanka to reconsider bills likely to undermine press freedom

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Lankan authorities should withdraw the proposed Online Safety Bill and Anti-Terrorism Bill or significantly amend them in line with international human rights standards, the Committee to Protect Journalists said Wednesday.

In parliament on October 3, Public Security Minister Tiran Alles tabled the Online Safety Bill, which would empower a five-member commission appointed by the president to direct internet service providers or social media platforms to block access to “an online location which contains a prohibited statement,” which could include news websites or accounts of journalists and media outlets.

The bill would also allow the proposed commission to prosecute journalists for publishing such content, and potentially order a prison term of up to five years and an unspecified fine.

Sri Lankan human rights lawyer Ambika Satkunanathan told CPJ that the term “prohibited statement” lacks a clear definition in the bill, and would be contingent on subjective interpretation, opening the door for state actors to suppress dissent.

Separately, on September 15, the Sri Lankan Ministry of Justice published a revised version of the Anti-Terrorism Bill after public and diplomatic pressure following the first draft in March. The bill would replace and repeal the Prevention of Terrorism Act, which has been repeatedly used to jail and harass journalists for their work.

While the revised bill includes some welcome amendments, including removing the death penalty as punishment, it retains a vague and overbroad definition of terrorism and “could potentially criminalize nearly all forms of legitimate expression,” according to a statement by a spokesperson for the United Nations High Commissioner for Human Rights.

“Sri Lanka’s proposed Online Safety Bill and Anti-Terrorism Bill are ripe for abuse against the media and would allow authorities to continue cracking down on press freedom and freedom of expression,” said CPJ Program Director Carlos Martinez de la Serna. “We urge the government to reconsider the bills in their entirety or engage in a thorough consultation process with journalists and civil society to ensure the provisions adhere to international human rights law.”

Satkunanathan, who filed petitions challenging the constitutionality of both bills in the Supreme Court, said that she believes the government should withdraw the legislation and address the relevant offenses within the country’s existent criminal laws.

On Wednesday, October 18, the Attorney General told the Supreme Court that the government would make unspecified amendments to the Online Safety Bill.The U.N. statement also expressed concern that the Anti-Terrorism Bill grants wide powers to the police and military to question, search, and arrest people without adequate judicial oversight.

Clause 9 of the Anti-Terrorism Bill prohibits supplying “confidential information,” defined as that which is “likely to have an adverse effect on national or public security,” to another person while “knowing or having reasonable grounds to believe” that it will be used to commit an offense under the law.

“Journalists gathering information on activities the government does not wish to be publicized are vulnerable to being targeted through this provision,” Satkunanathan said.

CPJ’s calls and messages to Alles did not receive any replies. When reached by phone, Sri Lankan Justice Minister Wijeyadasa Rajapakshe told CPJ he was unable to comment immediately. Rajapakshe did not respond to CPJ’s follow-up messages.



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Merchant Shipping Secretariat probes bribery scandal

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Cement carrier Sensho

… bribe giver departs Colombo port

The Merchant Shipping Secretariat (MSS) is investigating a complaint received from the Captain of an Indonesian flagged vessel Sensho that he had to pay an official USD 5,000 bribe to facilitate what our sources called port state control inspection.

Sources said that the cement carrier arrived at the Colombo Port, on Friday, and departed after having passed the rigorous inspection. Responding to queries, sources said that after paying the bribe, the vessel’s Captain has lodged complaints with MSS and the Commission to Investigate Allegation of Bribery or Corruption (CIABOC).

In spite of the government’s high profile anti-corruption drive there seemed to be fresh cases, sources said, adding that MSS had received a comprehensive complaint. The vessel had departed Colombo for Jeddah, sources said.

“The issue at hand is whether there have been unreported cases of MSS personnel receiving bribes,” sources said, acknowledging that the Captain, instead of immediately bringing the demand for USD 5,000 bribe to the MSS, had paid it and departed Colombo. (SF)

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Theft of USD 2.5 mn: Dinana Dakuna claims COPF trying to protect mastermind

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An opposition political group, styled as Dinana Dakuna, has accused the Committee of Public Finance (COPF) of protecting the masterminds behind the USD 2.5 mn theft from the Treasury.

Commenting on the recent COPF report on the theft, the group has alleged that the all-party parliamentary grouping made an attempt to shift the blame to the Central Bank as part of a cover-up. It has described the COPF report as a deliberate attempt to suppress the truth.

The group said that the COPF conveniently asserted that the theft took place due to the inexperience of officers concerned, thereby diverting the attention from those who perpetrated it.

An alleged attempt to portray the collapse of the administrative set-up that led to the USD 2.5 mn theft as a human resource problem, has also been questioned by Dinana Dakuna.

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COPF chief slams security sticker scam

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Harsha

The country was losing so much revenue due to the controversial liquor bottle security sticker scam that if tangible measures were taken to stop the fraud, they could fund about eight projects on the scale of the Suwaseriya ambulance service, Chairman of the Committee on Public Finance (COPF) and Colombo District MP Dr. Harsha de Silva said on Saturday.

Addressing the media in Colombo, Dr. de Silva described the security sticker, introduced for alcoholic beverages, as a “major scam” and called on the government to act responsibly when the current tender is renewed in 2027.

The former State Minister said the security sticker system had originally been introduced with the legitimate objective of improving tax compliance and preventing excise duty evasion in the liquor industry. However, he alleged that the manner in which the programme is currently being implemented was resulting in significant losses to the State.

According to Dr. de Silva, the government pays an Indian company US$8 for the digital printing of every 1,000 security stickers, although the actual cost of printing the same quantity is only about 12 US cents.

“The money being lost through this scheme is sufficient to finance around eight Suwaseriya-type projects,” he said, highlighting, what he described as, the excessive cost burden borne by the State.

Dr. de Silva noted that the high taxes imposed on alcoholic beverages had created incentives for manufacturers, distributors and liquor outlet owners to evade taxes, making a security sticker mechanism a necessary regulatory tool.

He said the proposal to introduce security stickers was first put forward during the Yahapalana administration in 2016.

The tender process commenced in 2017, was concluded in 2018 and the system was eventually implemented in 2023. The COPF Chairman said his Committee had recently undertaken an extensive review of excise revenue and the operation of the security sticker programme.

During the inquiry, it emerged that the Excise Department still lacked a computerised system capable of recording and managing data, related to the stickers, despite their importance to government revenue collection.

Dr. de Silva further said that Excise Department officials, who appeared before the Committee on Public Finance, had maintained that no fraud was taking place in relation to the sticker programme.

However, he expressed concern over the subsequent seizure of a stock of security stickers, in Malabe, only days after those assurances had been given.

He questioned whether stickers recovered during raids were genuine labels, legally obtained from the authorised supplier, or counterfeit versions, printed illegally, arguing that either possibility pointed to serious shortcomings in a system intended to guarantee security and traceability.

Dr. de Silva also referred to media reports concerning the company awarded the security sticker tender and allegations of fraudulent activities linked to the firm in several other countries.

He urged authorities to ensure greater transparency and accountability in the management of the programme and to carefully scrutinise the tender process when it comes up for renewal next year.

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