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Enactment process of Online Safety Act raises questions on law-making: CPA
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the outset noted that the committee stage amendments proposed were substantial alternations, requiring the Bill to be withdrawn and re-gazetted.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.
News
CEB demands 11.57 percent power tariff hike in first quarter
The Ceylon Electricity Board (CEB) has submitted a proposal to the Public Utilities Commission of Sri Lanka (PUCSL) seeking an 11.57 percent increase in electricity tariffs for the first quarter of 2026, citing an estimated revenue shortfall and additional financial pressures, including cyclone-related damages.
According to documents issued by the PUCSL, the proposed tariff revision would apply to electricity consumption from January to March 2026 and includes changes to both energy charges and fixed monthly charges across all consumer categories, including domestic, religious, industrial, commercial and other users.
Under the proposal, domestic electricity consumers would face increases in unit rates as well as fixed monthly charges across all consumption blocks.
The CEB has estimated a deficit of Rs. 13,094 million for the first quarter of 2026, which it says necessitates the proposed 11.57 per cent tariff hike. The utility has noted that any deviation from this estimate whether a surplus or a shortfall will be adjusted through the Bulk Supply Tariff Adjustment (BSTA) mechanism and taken into account in the next tariff revision.
In its submission, the CEB said the proposed revision is aimed at ensuring the financial and operational stability of the power sector and mitigating potential risks to the reliability of electricity supply. The board-approved tariff structure for the first quarter of 2026 has been submitted to the PUCSL for approval and subsequent implementation, as outlined in Annex II of the proposal.
The CEB has also highlighted the financial impact of Cyclone Ditwah, which it said caused extensive damage to electricity infrastructure, with total losses estimated at around Rs. 20 billion. Of this amount, Rs. 7,016.52 million has been attributed to the first quarter of 2026, which the utility said has a direct bearing on electricity tariffs.
The CEB warned that if external funding is not secured to cover the cyclone-related expenditure, the costs incurred would need to be recovered through electricity tariffs in the second-quarter revision of 2026.
Meanwhile, the PUCSL has said that a decision on whether to approve the proposed tariff increase will be made only after following due regulatory procedures and holding discussions on the matter.
By Sujeewa Thathsara ✍️
News
Health Minister sends letter of demand for one billion rupees in damages
Ondansetron controversy
Minister of Health and Mass Media Dr Nalinda Jayatissa has sent a letter of demand for Rs. 1 billion in damages from YouTube content creator Dharmasri Kariyawasam, accusing him of disseminating false and defamatory material linking the Minister to the importation of Ondansetron and inciting public unrest.
The notice, sent through the Minister’s lawyers, states that investigations are currently under way into 10 medicines, including Ondansetron Injection, manufactured by India-based Maan Pharmaceutical Limited.
Ondansetron Injection was among nine injectable drugs recently suspended by the National Medicines Regulatory Authority (NMRA) following reports of patients administered with the drug suffering adverse complications.
Despite the ongoing investigations, Kariyawasam allegedly aired a widely viewed programme on his YouTube channel titled “The hidden story of the Indian drug that claimed lives, Mayor Balthazaar’s relative, and Minister Nalinda’s cover-up.”
According to the letter of demand, the programme falsely portrayed Minister Jayatissa as being directly responsible for importing the drug, colluding with the supplier, and attempting to conceal the issue, while depicting him as indifferent to public suffering.
The Minister’s lawyers maintain that these allegations are entirely false and defamatory, citing passages in which Kariyawasam allegedly accused Jayatissa of lying about the supplier, concealing facts related to PTC Medicals (Pvt) Ltd., the actual importer, and showing a lack of concern over deaths purportedly linked to the drug.
The programme also claimed links between the directors of PTC Medicals and family members of Colombo Mayor Vraîe Cally Balthazaar, implying political favouritism.
News
One killed, two injured in shooting at Kaduwela
A 20-year-old man was shot dead and two others injured in a shooting incident reported from the Menikgara area of Korathota, Nawagamuwa, in Kaduwela, on Thursday night (01 January).
The injured victims were initially admitted to the Oruwala Hospital in Athurugiriya and were later transferred to the Homagama Base Hospital for further treatment.
Police said the shooting targeted a group allegedly linked to an underworld figure known as Borelle Kudu Duminda, and investigations indicate the attack may have been carried out by a rival faction led by Borelle Kudu Chathu.
Preliminary investigations by the Nawagamuwa Police revealed that the victims were inside a rented house at the time of the attack. The suspects are believed to have arrived on a motorcycle and a three-wheeler, opened fire, and fled the scene immediately afterwards.
According to police, two gunmen had gained entry to the premises after cutting through a fence and used a pistol in the attack.
The deceased was identified as Sankalpa, a 20-year-old resident of Borella.
Police further said the victim and another individual were allegedly involved in an incident on November 14, 2025, in which a woman’s hand was severed with a sharp weapon in the Sarana Road area of Borella. Investigations have revealed that the woman is a close associate of Kudu Chathu.
Police said the woman’s residence was allegedly used by suspects involved in a separate shooting in Borella on 24 June, 2025, which had targeted an individual who escaped unharmed. It is alleged that the survivor of that shooting and the youth killed on Thursday later carried out the attack on the woman.
Both individuals are believed to be close associates of Kudu Duminda, a rival of Kudu Chathu, police said, adding that efforts to arrest suspects connected to the earlier incidents had been unsuccessful.
Investigators believe the latest killing was carried out based on information that a member affiliated with Kudu Chathu’s faction was present at the location. One of the injured persons is reportedly the brother-in-law of the individual who survived the June shooting.
A senior police officer said special security had earlier been deployed in the Borella area following intelligence reports that Kudu Duminda was planning a retaliatory attack.
Police noted that this is the first shooting incident reported in Sri Lanka for 2026.
By Norman Palihawadane ✍️
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