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MINISTRY of JUSTICE LEGAL REFORMS: Sudden withdrawal of prohibition of obscene publications

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by Kalyananda Tiranagama

Executive Director

Lawyers for Human Rights and Development

The Ministry of Justice has published in the Gazette on December 24, 2021 the Prohibition of Obscene Publications Bill aimed at prohibiting the publication, distribution, sale, import and export of any matter, object or thing which is obscene. The Bill was to be enacted to curb child pornography as well as to safeguard those who fall victim to harassment and exploitation due to absence of strict laws to deal with offenders.

The word ‘obscene’ has been described in the Bill as ‘any matter, object or thing, which by itself or where it comprises more than one distinct component taken by itself, is sufficient to deprave and corrupt the mind of a reasonable person, but does not include any matter, object or thing containing anything done in the interest of science, literature, art, education or learning’.

As reported in the press, in a dramatic turn of events, the Bill has been withdrawn by the Minister of Justice just 48 hours after its publication. The Secretary to the Ministry has stated that the decision to withdraw the Bill was taken due to concerns raised by civil society activists and other stakeholders, objecting to the bill on several grounds including copyrights. An amended Bill will be presented to Cabinet for approval, once discussions are held with interested parties, including the BASL.

This is an amendment long overdue. To combat increasing sexual abuse of women and children, there is an urgent need of strengthening the law against obscene publications.

On a perusal of Police statistics relating to sexual offences against women and children during the last 25 years, it clearly appears that there has been a continuous increase in the number of sexual offences against women and children.

There are a large number of obscene and pornographic publications brought out in our country. There can be no doubt that the pornographic and obscene material easily available in our society have heavily contributed to the continuous increase in the number of sexual offences against women and children throughout the country.

Soft pornographic materials openly displayed and freely available throughout the country are more harmful than hard pornographic publications which have a very limited circulation, being patently illegal and circulated stealthily.

Much of the material contained in the soft pornographic publications will have a destructive effect in the long term on the reader, corrupting his mind and debasing his character. Any person including children can have easy access to them.

Soft pornographic publications can have the effect of: a. Corrupting the minds of those who read them; b. Destroying the moral base of the society; c. Prompting children to prematurely engage in sex; d. Promoting sexual abuse of women and children; e. Promoting perverse sexual habits; and f. Promoting prostitution.

Existing Law on Obscene Publications

Legal provisions dealing with obscene publications in Sri Lanka are found in Sections 285 and 286 of the Penal Code and in the Obscene Publications Ordinance No. 4 of 1927 as amended by Act No. 22 of 1983. Two new Sections -S. 286A and S. 360B. were introduced by the 1995 Amendment to the Penal Code. While Sections 285 and 286 deal with printing, importing, distribution, sale and possession of obscene publications in general, sections 286A and 360B deal with employing, using or permitting children to appear or perform in obscene or indecent exhibitions, shows or photographs.

A. Penal Code Provisions:

S. 285 Whoever sells or distributes, imports, or prints for sale or hire, or willfully exhibits to public view, any obscene book, pamphlet, paper drawing, painting, photograph, representation or figure or attempts or offers so to do, shall be punished with imprisonment of either description for a term which may extend to three months or with fine or both.

S. 286 Whoever has in his possession any such obscene book or other thing as is mentioned in the last preceding section shall be punished with imprisonment which may extend to three months or with fine, or with both.

S. 286A (1) Any person who –

(a)

hires, employs, assists, persuades, uses, induces or coerces any child to appear or perform in any obscene or indecent exhibition or show or to pose or model for or to appear in, any obscene or indecent photograph or film or who sells or distributes, or otherwise publishes, or has in his possession, any such photograph or film; or

(b)

being a parent, guardian or person having the custody of a child, causes or allows such child to be employed, or to participate, in any obscene or indecent exhibition or show or to pose or model for or to appear in, any obscene or indecent photograph or film as is referred to in paragraph (a);

(i)

takes or assists in taking of any indecent photographs of a child; or

(ii)

distributes or shows any such photograph or any publication containing such photograph;

(iii)

has in his possession for distribution or showing, any such photograph or publication;

(iv)

publishes or causes to be published, any such photograph or publishes or causes to be published, any advertisement capable of conveying the message that the advertiser or person named in the advertisement distributes or shows any such photograph or any publication or intends to do so –

commits the offence of obscene publication and exhibition relating to children and shall on conviction be punished with imprisonment of either description for a term not less than two years and not exceeding ten years and may also be punished with a fine.

(2)

In this section – “child means ‘a person under eighteen years of age; and ‘film’ includes ‘any form of video recording’.

S. 360B (1) Whoever –

(a)

knowingly permits any child to remain in any premises, for the purposes of causing such child to be sexually abused or to participate in any form of sexual activity or in any obscene or indecent exhibition or show;

(b)

acts as a procurer of a child for the purposes of sexual intercourse or for any form of sexual abuse;

©

induces a person to be a client of a child for sexual intercourse or for any form of sexual abuse, by means of print or other media, oral advertisements or other similar means;

(d)

takes advantage of his influence over, or his relationship to, a child, to procure such child for sexual intercourse or for any form of sexual abuse;

(e)

threatens or uses violence towards a child to procure such child for sexual intercourse or for any form of sexual abuse;

(f)

gives monetary consideration, goods or other benefits to a child or his parents with intent to procure such child for sexual intercourse or for any form of sexual abuse, – commits the offence of ‘sexual exploitation of children’ and shall on conviction be punished with imprisonment of either description for a term not less than five years and not exceeding twenty years and may also be punished with a fine.

B. Obscene Publications Ordinance Provisions

S. 2 It shall be an offence against this Ordinance punishable on conviction by a Magistrate –

(1)

for the first offence, with a fine not exceeding two thousand rupees (one thousand rupees before the (1983) amendment) or imprisonment of either description for a term not exceeding six months (three months before the amendment), or with both such fine and imprisonment; and

(2)

for a subsequent offence committed after a conviction for the first offence, with imprisonment of either description for a term not exceeding six months and in addition with a fine not exceeding two thousand rupees, to do any of the following acts namely : –

(a)

for purposes of or by way of trade or for distribution or public exhibition to make or produce or have in possession for purposes stated or otherwise, obscene writings, drawings, prints, paintings, printed matter, pictures, posters, emblems, photographs, cinematographs films, video cassettes or any other obscene objects;

(b)

for the purposes above mentioned to import, convey or export or cause to be imported, conveyed, or exported any of the said obscene matters or things, or in any manner whatsoever to put them into circulation;

(c)

to carry on or take part in a business, whether public or private, concerned with any of the said obscene matters or things, or to deal in the said matters or things in any manner whatsoever, or to distribute them or to exhibit them publicly or to make a business of lending them;

(d)

to advertise or make known by any means whatsoever, in view of assisting in the said punishable circulation or traffic, that a person is engaged in any of the above punishable acts, or to advertise or to make known how or from whom the said obscene matters or things can be procured either directly or indirectly.

(To be continued)



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Features

Proactive peacemaking becomes a paramount need

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Wasting wars: Some war-displaced people in Lebanon. BBC

It may be some time before the full impact of food inflation is felt in the West. Until such time the world would continue to keep itself in suspense over whether the Trump administration is in earnest when it seeks to convey the impression that it is backing a negotiated solution in West Asia.

As is usually the case, consumer stress would be one of the final determinants of political change. To the degree to which the average US consumer somehow ‘muddles through’ and puts the food on the table, to the same extent would the Republican sections of the US public in particular be tolerant of the Trump administration’s inconsistent handling of the West Asian war and the main issues stemming from it. That is, there would be no grave popular disaffection and a demand for political change in the short term.

However, the indications are that the Trump administration’s support base is suffering some erosion in the wake of the current economic crisis. While reports indicate that Democratic sections are firming-up their opposition to the political centre, Republican support for Trump is also showing signs of waning, we are given to understand.

The above developments are probably why Trump is on record as having given Israeli Prime Minister Benjamin Netanyahu a ‘dressing down’ recently on his seeming intransigence on the question of giving negotiations a chance in West Asia. The show of displeasure could be really aimed by Trump at containing the impatience of the American public.

However, the current ground situation in the Middle East, particularly the uncontained bloodshed, is likely to impress on the thinking sections of the world that more than temporary political change is needed in West Asia and the US.

A well thought out political solution that addresses all the contentious issues at the heart of the Middle East conflict is what enlightened opinion would demand, and very rightly. Right now, the ‘peace efforts’ initiated by the Trump administration give the impression of being piecemeal solutions at best.

There have been, of course, numerous initiatives in the past aimed at bringing permanent peace to the Middle East. These failed mainly because they did not address in full the root causes of the conflict.

At bottom the Middle East conflict is mainly about race and religious hate bred by socio-economic and material inequalities. For instance, if the Palestinian people were not displaced and deprived of land occupied by them at the time of the founding of the Israeli state, ethnic enmities would not have grown to the current unmanageable proportions.

When addressing the above questions, though, it must be remembered that the Israelis too were a displaced people who were entitled to land and a state of their own in the Middle East. Basically, out of these seemingly irreconcilable and conflicting demands have grown the Middle East imbroglio.

Middle East peace is considerably about reconciling these demands and arriving at a solution that would ensure the creation of two states that would opt for peaceful co-existence thereafter.

As long as the US does not see the need for a non-partisan solution that addresses the needs of both ethnicities and religions and goes all-out, as it were, to have it implemented, the Middle East would continue to bleed.

However, staunching the blood flow through the creation of two states would be only half the job done, though a very important part of it. More pernicious, pervasive and difficult to remedy are the inter-ethnic and inter-religious hatreds that have been unleashed over the decades.

However, if substantial, long-lasting peace is to be fostered in the region the latter ‘demons’ would need to be exorcised from the hearts and minds of the communities concerned. No doubt an uphill task but one that must be undertaken by those who wish the region well.

The UN would need to put its ‘best foot forward’ in such undertakings but it is time that it dawned on the international community and other caring quarters that Middle East peace, and all other such uphill challenges, require proactive peacemaking on the part of all civilized sections for their effective management. That is, public involvement in peacemaking too is a must.

Since hatreds are harboured in the human consciousness the enmities embedded in the latter need to be managed and defused judiciously alongside other undertakings in a peace process. In the case of West Asia, such enmities could be even spread globe-wide besides being multi-dimensional. For instance, it ought to be thought-provoking that Iran is insistent on a peace initiative that would also include Lebanon.

Besides security considerations it is also ethnic and religious affiliations that account for Iran making this demand. For instance, the Shias are a numerically important religious community in Lebanon and they provide a significant number of Hizbollah fighters, who are in a vital sense carrying out a ‘proxy war’ for Iran. It also needs to be factored in that Iran is a Shia-majority country.

Thus trans-border religious affiliations could add to the complexities and enormity of ethno-religious conflicts. However, the task of managing centuries-long enmities needs to be launched and prodded on with by peacemakers since a downing of arms alone would not guarantee substantive peace.

It is not realized sufficiently that the process of ending hatreds begins with mutual apologies by antagonists to a conflict for the harm inflicted on each other. This would be anathema in some ears but there is no getting away from the requirement. It is the vital first step to permanent peace anywhere.

In fact there could be no reconciliation worth speaking of without such mutual apologies. It is a point worth re-iterating in these times when even the government of Sri Lanka is voicing the need for national reconciliation. Well, without the words, ‘I am sorry’, there could be no permanent end to enmities – they would do well to remember.

The above requirements may not go down very well with governments, but they resonate in the hearts and minds of most people, since they are inheritors of religious traditions of some kind.

This is a principal reason why peacemaking works well when publics too are involved in them. The effectiveness of such campaigns increases several fold when they have a Mahatma Gandhi or a Jawaharlal Nehru at their helm. A strong proactive involvement by the public in peace could lead to the emergence of such leaders at some point in these campaigns.

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Dialog Brings Sri Lanka’s Largest Digital Vesak Experience to Matara

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From left to right: Hon. Saroja Savithri Paulraj, Hon. Sunil Handunnetti, and Lasantha Theverapperuma experience the Dialog 5G Ultra-powered VR tours.

Official Digital Partner of the 2026 ‘Dakshina Prabha’ National Vesak Zone

Dialog Axiata PLC, Sri Lanka’s #1 connectivity provider, collaborated with the Ministry of Buddha Sasana, Religious and Cultural Affairs to bring one of Sri Lanka’s largest and most technologically advanced Vesak experiences to the ‘Dakshina Prabha’ National Vesak Zone. The three-day celebration, in Matara attracted more than hundred thousand visitors, who engaged with a series of innovative digital activities powered by Dialog 5G Ultra, including Artificial Intelligence (AI) and Virtual Reality (VR) experiences, digital pandols and a Data Dansala. The opening ceremony was attended by Hon. Sunil Handunnetti, Minister of Industry and Entrepreneurship Development and Hon. Saroja Savithri Paulraj, Minister of Women and Child Affairs, along with distinguished guests and Dialog’s senior management.

One of the key attractions at the venue was the Dialog 5G Ultra-powered Virtual Reality (VR) experience, which attracted more than 35,000 participants. The activation enabled devotees to virtually visit and pay homage to sacred Buddhist sites, including the Jaya Sri Maha Bodhi in India and the Atamasthana in Anuradhapura, directly from the Vesak zone in Matara.

Visitors receive complimentary mobile data through Dialog’s QR-powered Data Dansala.

Dialog also conducted an AI Digital Vesak Greeting Card Competition from 21 May to 01 June 2026, attracting numerous entries from across the country. The shortlisted designs were showcased across 20 large LED screens throughout the venue and across Matara City, and were also made available for download via mobile devices. Further, through the use of AI, traditional Jathaka Katha were reimagined in a digital format, demonstrating how technology can be used to preserve and enhance cultural and religious heritage. Together, these initiatives blended traditional Vesak celebrations with emerging technologies, offering visitors a unique and immersive way to engage with Vesak traditions.

 Extending the spirit of Vesak through connectivity, Dialog conducted a special Data Dansala powered by its QR Reload platform, enabling visitors to receive complimentary mobile data by scanning QR codes placed across the venue. In addition to the Matara National Vesak Zone, similar Data Dansala activations were also conducted at the Gangaramaya and Bauddhaloka Vesak zones in Colombo.Visitors also had the opportunity to create personalised Vesak-themed digital photos through an AI Photo Booth, generating AI-enhanced portraits using their own photographs and adding a contemporary digital element to the Vesak celebrations.

Visitors watch AI-generated Jathaka Katha

Commenting on the initiative, Hon. Sunil Handunnetti, Minister of Industry and Entrepreneurship Development, said, “The 2026 Dakshina Prabha Vesak Festival marked the first time AI-powered digital innovations were incorporated into a National Vesak Festival in Sri Lanka. Presenting Buddhist stories and teachings through technology created a new and engaging way for visitors to connect with these traditions. We thank Dialog for supporting this initiative and for working closely with us to bring our vision to life. Their contribution played an important role in making this first-of-its-kind event a reality.”

 Lasantha Theverapperuma, Group Chief Marketing Officer of Dialog Axiata PLC said, “We thank the Government of Sri Lanka for the opportunity to support the 2026 Dakshina Prabha National Vesak Festival and for embracing technology as part of this year’s celebrations. As the Official Digital Partner, we were privileged to contribute through our Dialog 5G Ultra and AI capabilities, creating new ways for visitors to engage with Vesak traditions while preserving their cultural significance for future generations.”

Beyond supporting the National Vesak Zone in Matara, Dialog also enhanced the Gangaramaya and Bauddhaloka Vesak zones through a range of digital activations during the Vesak season. The company additionally continued its sustainability initiatives, including the Thirasara Aloka Poojawa, which illuminated rural places of worship through solar-powered lighting solutions.

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Beauty, elegance and talent…for women

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Universal Woman is an international pageant focused on “beauty, elegance, and talent” for women, positioning itself as a platform to shape global ambassadors. The 2026 edition will be held in Cambodia, and Sri Lanka will be there, as well.

According to reports coming my way, contestants, at the international event, will work with industry trailblazers, under international standards.

Sri Lankan supermodel, runway and pageant trainer Chulpadmendra Kumarapathirana, is the National Director for Universal Woman Sri Lanka 2026.

With over two decades in the industry, Chula was crowned Miss Sri Lanka 2006, and has since shaped the next generation of titleholders through her Colombo-based Chulpadmendra Catwalk Studio, widely regarded as one of the country’s leading modelling academies.

The team behind Universal Woman Sri Lanka 2026

A former host of Derana Miss Sri Lanka for Miss World 2008 and a judge for Miss Universe Sri Lanka 2025, Chula now serves as National Director for Universal Woman Sri Lanka 2026, leading the franchise’s search for Sri Lanka’s delegate to the international final in Cambodia.

Applications for Universal Woman Sri Lanka 2026 are being taken, via WhatsApp: 077 659 4994, says Chula.

The judging panel for Universal Woman Sri Lanka 2026 includes Senaka De Silva, Pageant Aesthetic Advisor & Chairperson of the Judging Panel, Angela Seneviratne, Caroline Jurie, Rozelle Plunkett, and Suraj Mapa.

Universal Woman Sri Lanka 2026 officially began its journey with a first round of auditions, held in Colombo, marking the start of an exciting new chapter in Sri Lanka’s pageant industry.

Launching the first round of auditions

The platform aims to empower women while selecting an intelligent, confident, and inspiring representative to compete at the Universal Woman International Pageant 2026 in Cambodia, this September.

Universal Woman Sri Lanka now moves forward with the vision of creating one of the country’s most prestigious and empowering pageants while preparing to crown a queen who will proudly represent Sri Lanka on the international stage.

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