News
CPA challenges constitutionality of controversial “Online Safety” Bill in SC
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.
It has been reported that, former Commander of the Sri Lanka Army, General Hamilton Wanasinghe has passed away at the age of 91.
Secretary to the President Dr Nandika Sanath Kumanayake has instructed relevant officials to provide the maximum support necessary to successfully hold the Global Bora Community’s Spiritual Assembly and Convention scheduled to take place in Sri Lanka.
The Secretary to the President issued these instructions during discussions held on Thursday (12) at the Presidential Secretariat regarding the Global Bora Conference and Convention.
The Bora Conference and Convention will be held from 27 June to 05 July, coinciding with the Bora Community’s Spiritual Assembly, centred on the Bambalapitiya Bora Mosque and the Sri Lanka Exhibition and Convention Centre, with the participation of the community’s Spiritual Leader His Holiness Dr Syedna Mufaddal Saifuddin Sahib.
Approximately fifteen thousand members of the Bora Community from India and numerous other countries are expected to arrive in Sri Lanka for this Convention and Conference. Extensive discussions were held regarding the provision of all infrastructure facilities, including airport arrangements, for them.
A group of the Bora Community’s religious leaders, along with officials including the Secretary to the Foreign Ministry, Aruni Ranaraja and Senior Additional Secretary to the President Roshan Gamage, participated in this occasion.
The Samagi Jana Balawegaya (SJB) has reached consensus with Sri Lanka Podu Jana Peramuna (SLPP), United National Party (UNP) and the People’s Alliance (PA) to take control of Akurana, Kadugannawa, Kuliyapitiya and Udubaddawa Pradeshiya Sabhas.
Opposition parties made the announcement at a joint media briefing by SJB National Organiser Tissa Attanayake, SLPP General Secretary Sagara Kariyawasam, PA General Secretary Lasantha Alagiyawanna and UNP General Secretary Thalatha Athukorala.
Terms of 161 out of 339 local government bodies to which elections were held in May commenced on June 2. The ruling NPP and the Opposition parties have been trying to seize control of the remaining councils. Contestants failed to secure working majorities in 178 councils. Both sides have accused each other of trying to bribe elected members in a bid to take control of the councils.
Elections were not held to two local government institutions on 06 May—the Kalmunai Urban Council due to a court case and the Elpitiya Pradeshiya Sabha (PS), which was elected last year.
Responding to questions, the Opposition spokespersons said that they were confident of forming administration and many more councils.
SJB sources said that the Opposition was also working on an arrangement regarding the Colombo Municipal Council scheduled to meet on Monday (16) for the first time when the Mayor will be elected.
Leader of Tamil Progressive Alliance (TPA) Mano Ganeshan, MP, has alleged that the NPP bribed two of its members in the Haldumulla PS to vote in favour of the person nominated by the NPP as the chairman.
Israel launches ‘major strike’ on Iran’s military, nuclear sites
Former Army Commander General Hamilton Wanasinghe passes away at the age of 91
Air India plane crash claims at least 241 lives as one passenger survives
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