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Enactment process of Online Safety Act raises questions on law-making: CPA

Published

3 years ago

2024/02/11

ECONOMYNEXT —The process followed in enacting Sri Lanka’s controversial Online Safety Act (OSA) raises serious questions on law-making and its impact on constitutional democracy, the Centre for Policy Alternatives (CPA) said, urging the government to replace the act with a law that “genuinely addresses” concerns on online safety.

Claiming that the process of drafting the OSA was shrouded in secrecy, CPA said the rushed manner of its passage raises questions as to the intentions of the government in enacting a law that has significant implications for fundamental rights and the rule of law in Sri Lanka.

“CPA has previously commented on the substance and process followed with the Bill and challenged its constitutionality. In light of recent events surrounding the enactment of the OSA, CPA condemns the enactment of such a draconian law that can further limit freedom of speech and the right to dissent,” the organisation said.

“It is with concern that CPA notes the issues surrounding committee stage amendments of January 24, 2024. With the Supreme Court ruling requiring 31 amendments for the passage of the Bill with a simple majority in Parliament, questions were raised concerning the compliance with Article 78(3) of the Constitution which states that ‘Any amendment proposed to a Bill in Parliament shall not deviate from the merits and principles of such Bill’.

“CPA at the outset noted that the committee stage amendments proposed were substantial alternations, requiring the Bill to be withdrawn and re-gazetted. Despite this, the Government proceeded with the Bill, while failing to adopt mandatory changes required by the Supreme Court to pass the law with a simple majority.

For example, CPA said, the Supreme Court required that the State ensures that all persons involved in investigations maintain confidentiality of information obtained from the subject of investigations. However, the current Act contains no such protection (see page 60 of the determination). It was also determined by the Court that the inclusion of terminology such as “malicious” and “wantonly” was vague (see page 48 of the determination), yet, the OSA continues to use such wording in Section 14.

Moreover, CPA noted, it was determined that certain services, such as emails that are the only user-generated content enabled by the service or SMS/MMS services, must be exempted from the OSA (see pages 59 to 60 of the determination). However, these changes were not made and the provisions on which the Supreme Court raised concerns continue under Section 27 of the OSA, thus raising concerns that the Supreme Court’s decision was selectively ignored.

“The government’s rush to enact the OSA and its disregard for the Supreme Court determination has resulted in a constitutional crisis, raising questions about the legality of the OSA. Moreover, by intentionally undermining the determination of the Supreme Court, the Government is setting a dangerous precedent that has implications for the rule of law and separation of powers in Sri Lanka.

“These concerns are also in the context of multiple other issues with the OSA that have been previously raised by CPA such as the broad powers of the Online Safety Commission, vague terminology and the role of experts, among others,” the organisation said.

In light of these and other concerns, CPA said it urges the Government to review the process and substance of the OSA, take immediate steps to repeal the OSA and introduce a law that genuinely addresses the concerns of online safety. CPA also called on the government to have a transparent and inclusive law-making process that provides time for stakeholder consultations and review.

“The processes followed with the enactment of the Personal Data Protection Act No. 09 of 2022 and Right to Information Act No. 12 of 2016 are some examples where sufficient time was taken to ensure the law-making process was transparent and that it factored in diverse viewpoints. Such practices of good governance are fundamental for Sri Lanka at its present stage of recovery and reform,” it said.

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Prime Minister of Sri Lanka holds a bilateral meeting with Minister for Education and Skills Development of Bhutan

Published

1 hour ago

2026/09/4

Priyan

On the sidelines of the inaugural Global Conscious Food Systems Summit 2026, being held in Bhutan from 31 August to 4 September 2026, Prime Minister of Sri Lanka, Dr. Harini Amarasuriya, in her capacity as Minister of Education, Higher Education and Vocational Education, held a productive bilateral meeting with Yeezang De Thapa, Minister for Education and Skills Development of Bhutan, on 03 September 2026.

The discussions focused on further strengthening and expanding Sri Lanka-Bhutan cooperation in the education sector, with particular emphasis on developing mutually beneficial initiatives through enhanced Government-to-Government engagement.

Both sides underscored the importance of deepening institutional cooperation and exploring new avenues for collaboration in education, higher education and vocational training, with a view to creating greater opportunities for students, educators and academic institutions of both countries.

During the meeting, both sides agreed to initiate discussions towards the finalization and signing of a Memorandum of Understanding (MoU) on cooperation in the fields of education and vocational training. It was also agreed that the implementation of the MoU could be facilitated through the establishment of a Joint Working Group, headed at the Secretary level, with meetings to be convened annually to review progress, identify new areas of cooperation, and facilitate the effective implementation of agreed activities.

The major areas of cooperation discussed included enhancing collaboration among universities and academic institutions, promoting academic and faculty exchanges, joint research and university programmes, strengthening training and capacity-building opportunities for educators and teachers, and sharing expertise and best practices in the education and vocational training sectors.

The two sides also discussed strengthening child protection and safeguarding mechanisms, promoting ethical values among students, and addressing violence against children while ensuring their safety, protection, well-being and access to quality education.

Opportunities for Bhutanese students to pursue undergraduate studies at universities in Sri Lanka were also discussed, with particular emphasis on Dentistry, Medicine (MBBS), and allied health disciplines such as Physiotherapy. The discussions further covered opportunities for postgraduate studies in medical and health sciences at Sri Lankan universities, as well as enhanced collaboration among universities and other academic institutions of the two countries.

The meeting provided a valuable opportunity for Sri Lanka and Bhutan to advance cooperation in education and vocational training and explore new avenues for long-term collaboration for the mutual benefit of students, educators and academic institutions of both countries.

(Prime Minister’s Media Division)

News

Prime Minister Meets His Majesty the King of Bhutan

Published

1 hour ago

2026/09/4

Priyan

Prime Minister Dr. Harini Amarasuriya had an audience with His Majesty King Jigme Khesar Namgyel Wangchuck at the Tashichhodzong in Thimphu on September 02, during her official visit to the Kingdom of Bhutan.

The cordial discussion focused on Bhutan’s future development priorities and opportunities for cooperation between the two countries.

His Majesty expressed Bhutan’s interest in drawing on Sri Lanka’s experiences and expertise in areas relevant to its development plans. The discussion also focused on promoting investment between the two countries, including the possibility of establishing an investment zone in Bhutan.

The two sides also exchanged views on demographic challenges facing Bhutan, including the increasing migration of young people and its impact on the country’s population and future workforce.

The meeting highlighted the importance of strengthening bilateral cooperation and sharing experiences and best practices in support of the sustainable development of both countries.

(Prime Minister’s Media Division)

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SLPP MP Namal Rajapaksa arrested by CIABOC

Published

9 hours ago

2026/09/4

Priyan

(File pic)

Sri Lanka Podujana Peramuna (SLPP) Member of Parliament Namal Rajapaksa has been arrested by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Namal Rajapaksa had been summoned by CIABOC to provide a statement in connection with investigations into the controversial Airbus deal. He was subsequently arrested by CIABOC after recording his statement for over 5 hours.