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HRC finds five sections of new Act inconsistent with SC determination

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Justice Dehideniya and Prof. G. L. Peiris

Opposition’s criticism of Online Safety Law vindicated

By Shamindra Ferdinando

The ongoing controversy over the enactment of the Online Safety law (ONLINE SAFETY ACT, No. 9 OF 2024) in violation of the Supreme Court determination has taken a new turn with the Human Rights Commission (HRC) contradicting Speaker Mahinda Yapa Abeywardena’s declaration pertaining to the legality of the new law.

Dissident SLPPer Prof. G. L. Peiris told a media briefing, at his Kirula Road residence, on Monday (12), that the HRC, in a letter dated Feb 08, 2024, had informed Speaker Abeywardena that the new Act was not in line with the SC’s determination of the Online Safety Bill.

The HRC wrote to the Speaker just two days after the Speaker’s Office issued a statement dismissing repeated accusations over the manipulations in the enactment of new law. Prof. Peiris said that the HRC’s letter followed the Speaker’s endorsement of the Certificate on the Online Safety Bill on Feb 02, 2024, thereby making it the ONLINE SAFETY ACT, No. 9 OF 2024.

The former External Affairs Minister said the HRC’s letter, also copied to President Wickremesinghe, Public Security Minister Alles, and Attorney General Rajaratnam, PC, has pointed out that the SC’s recommendations hadn’t been accommodated in Section 13 (Clause 13 of the Bill), Section 16 (Clause 17 of the bill), Section 19 (Clause 21 of the Bill), Section 20 (Clause 22 of the Bill) and Section 27 (Clause 31 of the Bill).

The four-page letter has been signed by Justice L.T.B. Dehideniya, who received the appointment in late June last year.

Other members of the Commission are Prof. Thaiyamuthu Thaanaraj, Prof. Fathima Farzana Haniffa, Nimal G. Punchihewa and Dr. Gehan Dinuk Gunatilleke.

Prof. Peiris, who recently aligned himself with the main Opposition Samagi Jana Balawegaya, said that the Speaker owed an explanation. The HRC’s declaration has quite clearly proved that the new law was contrary to the Constitution and therefore couldn’t be accepted under any circumstances, Prof. Peiris said, alleging that though there had been previous infringements, the country never witnessed such blatant violation before.

Asked whether the SJB could seek the Chief Justice Jayantha Jayasuriya’s intervention and procedures to follow in case Parliament failed to adhere to the SC’s recommendations and any similar blatant violation before, Prof. Peiris said: “Never as blatant a violation as this. Unfortunately, the Constitution provides in Article 80(3) that, once the Speaker certifies a Bill, it cannot thereafter be challenged in a Court of Law. However, there is explicit provision that, where the SC Determination specifies that particular sections can be passed with a simple majority only subject to amendments required by the SC, Parliament shall incorporate these amendments, otherwise enactment by a special majority of 2/3 is mandatory.

The former Constitutional Affairs Minister said: “We will argue that in view of this provision the Bill has not been validly enacted with mandatory constitutional requirements. If the SC Determination, or parts of it, can be disregarded with impunity, this makes pivotal Articles like 120 and 123 redundant. This goes to the very root of a valid legislative process.

The former law Professor stressed that there is an obiter dictum by the late Justice Mark Fernando that, where the legislative process is flawed, in that constitutional provision have been contravened, certifications the Speaker will not save the Bill.

At the onset of the briefing, Prof. Peiris said that in terms of seriously flawed new law enforcement authorities have made first arrest on Sunday (11) and seemed to be bent on using the draconian law to suppress the free media.

The Opposition would resort to what the emeritus law academic called suitable legal challenge.

Declaring that the HRC is deeply concerned over the glaring omissions in the Online Safety Act in terms of the Act’s full compliance with the SC’s Determination, Justice Dehideniya, on behalf of the HRC warned: “any such omission, and consequently, any remaining inconsistency with the Constitution, would have required that the Online Safety Bill be enacted only with a special majority in Parliament. Therefore, the failure to ensure full compliance with the Court’s determination may give occasion to serious concerns over whether the Act, in its current form, received the requisite number of votes in Parliament.”

Prof. Peiris emphasised that the HRC has confirmed the Opposition complaints”

Following a two-day debate, 108 MPs voted for the Bill and 62 against on January 24.

Pointing out that the HRC has taken up the issue with the Speaker after careful examination of the Bill and SC’s recommendations, Prof. Peiris emphasized that the Speaker should accept responsibility for the unprecedented development. Prof. Peiris urged the SLPP, too, to look into this matter as the ruling party could absolve itself of the responsibility for the pathetic state of affairs.

Prof. Peiris said that the Speaker’s Office should respond to the HRC. “We intend to vigorously pursue this matter as Speaker Abeywardena cannot be allowed to pursue his own agenda at the expense of parliamentary traditions,” he said.



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Elders’ home devastated by fire was a ‘house of horror’: Witnesses

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Death toll rises to 12: Director remanded

Some residents were allegedly chained

Police have come under public pressure to investigate allegations of inhumane treatmenf the residents at an elders’ home in Batagoda, which was also reportedly used as a care centre for persons with special needs, following a devastating fire that has so far claimed 12 lives.

Eyewitnesses who were among the first responders told the media that several residents had been chained inside rooms at the Senehase Kedella Elders’ Home when the fire broke out on Wednesday. They claimed that rescue efforts were hindered as iron chains could not be removed, and that some residents died while being restrained.

Authorities have not yet verified these claims, and Police said investigations are continuing.

Police spokesman ASP F.U. Wootler, contacted for comment, said there were rumours to that effect, but the Police were not in a position to verify the claims until a report from the Government Analyst was received. He said eight survivors with burn injuries were being treated in hospital.

Meanwhile, the Director of the facility had been arrested and was due to be produced before the Horana Magistrate’s Court, Police said adding that he was remanded till June 11.

The death toll from the fire has risen to 12 as of Thursday morning following the recovery of additional charred remains during ongoing forensic examinations at the site. Six others sustained serious injuries and are being treated at the Horana Base Hospital.

Police said 72 residents were inside the facility at the time of the blaze. Of them, 10 died inside the building, seven were injured and hospitalised, while 51 were rescued and relocated.

Survivors were initially housed at Batagoda Junior School before being transferred with Army assistance to another branch of the same care network in Galpatha.

A magisterial inquiry was conducted on Thursday morning. Horana Magistrate Lakmini Vidanagamage visited the scene. The burnt remains were examined and removed under judicial supervision.

Separately, allegations have emerged that residents were required to pay an admission fee of Rs. 75,000, along with a monthly charge of Rs. 35,000 to the centre. Police have not commented on these claims.

The director was taken to the scene as part of ongoing investigations, while forensic experts continue examinations to determine the cause of the fire, which remains undetermined.Anguruwatota Police are conducting investigations.

 By Norman Palihawadane and Nishan S Priyantha

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CERT : AI-generated videos depicting Prez, PM lure public into financial scams

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Sri Lanka CERT has issued a public warning over the circulation of artificial intelligence (AI)-generated videos falsely depicting President Anura Kumara Dissanayake, Prime Minister Harini Amarasuriya and several other prominent personalities to promote fraudulent investment schemes online.

According to complaints received by the national cyber security agency, the videos have been created using deepfake technology and are being used as part of attempts to defraud members of the public through financial scams.

The images of famous sports personalities and other public figures have also been misused in the deceptive content.

The agency has warned that similar AI-generated material has been used to spread false information relating to investment opportunities, employment offers, as well as matters concerning the country’s economy and tax policies.

According to Sri Lanka CERT, the videos are being widely shared across online platforms and frequently contain links urging viewers to make investments in return for purported profits.The agency has cautioned that these links may redirect users to fraudulent websites designed to steal personal information, financial data and money from unsuspecting victims.

Sri Lanka CERT has urged the public to exercise extreme caution when encountering such content online and advised against clicking on suspicious links or sharing personal information through unverified websites.

“The public should remain vigilant and avoid becoming victims of false information and online fraud schemes,” the agency said.

Sri Lanka CERT has also encouraged internet users to verify information through official sources before acting on any investment, employment or financial offers circulated via social media or other online platforms.

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New tax law comes into force

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Speaker Dr Jagath Wickramaratne endorsing the certificate on a Bill (File)

Speaker Dr Jagath Wickramaratne on Wednesday endorsed the certificate on the Inland Revenue (Amendment) Bill, bringing the legislation into force as the Inland Revenue (Amendment) Act, No. 11 of 2026, Parliament sources said.

The Bill, which amends the Inland Revenue Act, No. 24 of 2017, was passed by Parliament on May 19.

The new law introduces a series of reforms aimed at modernising tax administration procedures, improving compliance and enforcement mechanisms, enhancing the accuracy of tax calculations and deductions, and strengthening transparency within the tax system.

The amendments also support broader economic policy objectives and include measures designed to reinforce anti-money laundering safeguards.Among the key provisions of the Act is the mandatory use of Taxpayer Identification Number (TIN) certificates for specified high-value financial transactions.

The legislation also introduces revisions to the calculation of taxable income, clarifies tax exemptions applicable to certain projects and business entities, and expands the scope for information disclosure to relevant authorities.

The amendments are expected to improve the efficiency of tax administration while facilitating greater accountability and regulatory oversight.With the Speaker’s endorsement of the certificate, the Inland Revenue (Amendment) Bill has now become law as the Inland Revenue (Amendment) Act, No. 11 of 2026.

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