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Proposed Online Safety Bill an assault on freedom of expression – ICJ
The International Commission of Jurists (ICJ) states it is concerned that the newly proposed Online Safety legislation, if adopted in its present form, would serve to crush free expression and further contract an already shrinking civic space in Sri Lanka.
On 18 September 2023, the Ministry of Public Security gazetted a bill titled “Online Safety” intended to dramatically regulate the content of online communication, including by the general public.
Issuing a statement, the ICJ says it considers that several provisions of the bill would serve to undermine the exercise of human rights and fundamental freedoms in the country, including freedom of information and expression. Of particular concern are provisions related to the setting up, appointment and functions of an Online Safety Commission and other experts, the vague and overbroad wording of conduct designated as punishable offences and unnecessary and disproportionate punitive sanctions.
“While the spread of online hate-speech and disinformation need to be tackled, this bill is deeply flawed in its design and would be open to abuse by the Sri Lankan government, which has persistenty failed to uphold freedom of expression,” said Ian Seiderman, ICJ’s Legal and Policy Director. “It risks being used to suppress important public debate regarding the conduct of the government and matters of public policy,” he added.
The Bill would establish an “Online Safety Commission” that would act to: “prohibit online communication of certain statements of fact; prevent the use of online accounts and inauthentic online accounts for prohibited purposes; make provisions to identify and declare online locations used for prohibited purposes in Sri Lanka and to suppress the financing and other support of communication of false statements,” as well as other unspecified matters.
The Bar Association of Sri Lanka has called for the immediate withdrawal of the bill and for the adoption of a process of meaningful consultations with all relevant stakeholders prior to gazetting bills which ‘have a serious impact on the community at large.’
“The current draft fails to adhere to the principles of legitimacy, necessity and proportionality required for any State activity that restrict rights. It must be withdrawn or amended to be brought in line with Sri Lanka’s international human rights obligations guaranteeing freedom of expression, opinion, and information.” Seiderman added.
The ICJ considers that the Bill should not be evaluated in a vacuum, but instead must be read in conjunction with existing and proposed legislation that threaten human rights. Such laws include the extremely misused ICCPR Act of 2005, the Prevention of Terorrism Act (PTA), the Bureau of Rehabilitation Act, and the proposed Anti-Terrorism law which seeks to replace the PTA. This body of legislation, taken together, fosters a chilling effect on the exercise of fundamental freedoms restricting civil society while unduly expanding the reach of the security state.
Article 14 (1) (a) of the Sri Lankan Constitution gurantees the freedom of speech and expression. Article 19 of the International Covernant on Civil and Political Rights, to which Sri Lanka is a party, affirms the right to freedom of expression and opinion.
In July 2018, the UN Human Rights Council adopted by consensus a resolution affirming that “the same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one’s choice, in accordance with articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.”
News
Teachers’ unions ‘ready to bring govt. to its knees’
Teachers, principals up in arms against alleged NGO driven education reforms
Teachers, principals and education professionals on Friday vowed to commence a nationwide campaign against the government’s plans to reform the education sector at the expense of what they described as cultural values.
President of the All-Ceylon United Teachers’ Association Ven Yalwala Pannasekera thera addressing a press conference yesterday said that trade unionists would join forces to urge the government to withdraw its educational reforms.
“We are ready to form a common front with education professionals, teachers and principals against this government. We demand that the government withdraw these reforms or get ready to go home,” Ven Pannasekera said.
“Some modules promote homosexuality. Contents in some of the modules being distributed have been copied from Indian text books.
We ask the government to explain why it had paid the National Education Institute curriculum designers,” Ven Pannasekera said.
Meanwhile, representatives of 16 teachers’ and principals’ unions visited the National Child Protection Authority yesterday to lodge a complaint demanding a probe into the inclusion of materials promoting homosexuality in school books.
Concerns were also raised at a National Sangha Council meeting held in Colombo last week at the Colombo Foundation Institute, organised to discuss the objectives of the proposed reforms.
Addressing the gathering, Professor Venerable Induragare Dhammaratana Thera said the reforms required extensive discussion, consultation with subject experts and consideration of the experience of senior administrators.
He warned that the proposed education reforms could trigger the biggest crisis currently facing the country. “Implementing these reforms in this manner will harm future generations and could even destroy the present government,” he said, likening the process to “forcing a round peg into a square hole.”
News
Education Ministry drops idea of extending school hours
The Ministry of Education on Friday decided not to extend school hours for the 2026 academic year, citing the ongoing impact of recent disasters on schools and transport systems in several provinces.
According to the Ministry, school hours for Grades 5 to 13 will remain unchanged at 7:30 a.m. to 1:30 p.m. until both education and transport networks are fully restored.
Government schools, government-approved private schools, and pirivenas are set to begin the first term of 2026 on January 5. Students in Grades from 6 to 13 will have seven 45-minute periods a day.
Education reforms will be introduced for Grades 1 and 6 in 2026.
The Ministry confirmed that activity books for Grade 1 and learning modules for Grade 6 will be distributed before lessons begin. Textbooks for all other grades have already been fully handed out.Meanwhile, the remaining sessions of the 2025 G.C.E. Advanced Level examination are scheduled to take place from January 12 to January 20, 2026.
by Chaminda Silva ✍️
News
SLRC to disburse Rs 2420 mn in relief funds to 28,000 families
The Sri Lanka Red Cross Society will provide relief funds totaling Rs. 2,420 million to assist 20,000 families displaced and 8,000 families who have lost their livelihoods due to cyclone Ditwah.
Accordingly, the Society has arranged to give Rs. 1,620 million to 20,000 displaced families, at the rate of Rs. 85,000 per family, and Rs. 800 million to 8,000 families who lost their livelihoods, at Rs. 100,000 per family, Sri Lanka Red Cross Communications Head Navindra Senarathne told the Sunday Island on Friday.
He said the funds for the 20,000 displaced families would be distributed in three instalments.
A total of 20,000 families across the country, including 1,505 families in the Trincomalee District, have been selected for this relief, with beneficiaries identified by the decision-makers of the Sri Lanka Red Cross Society, he added.
In addition, the Society is preparing to install toilet systems in 400 safe centers and provide 15,000 sets of school equipment worth Rs. 7.5 million, Navindra Senarathne told the Sunday Island.
By Sirimantha Rathnasekera ✍️
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