FT
Friday Nov 08, 2024
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As a group professionals and citizens interested in economic recovery and good governance, the IT Professionals for the People (IT4P) yesterday expressed the grave concerns raised by critics that, by imposing imprisonment and fines against ill-defined “prohibited statements”, the Online Safety Bill may cripple opposition election campaigns, silence journalists reporting on corruption, and may severely impact the IT industry, which is a key export revenue driver.
In a statement issued by IT4P President Mithila Mendis and Secretary Hasitha Liyanage, said under this law, any person aggrieved by something a citizen says online, may go to the police or magistrate court against them. Such a person may become a suspect in a criminal case, subject to investigations, have material/devices seized and may be liable to imprisonment or a fine.
In addition to this, many online services the IT industry relies on (e.g. Google Apps, Office 365, AWS), if interpreted as “internet intermediaries” according to this bill, may face potential legal liabilities and compliance costs that may force them to consider partially or fully exiting Sri Lanka.
IT4P said this bill criminalises defamation. Around the world, defamation is a civil matter between two parties (i.e. no imprisonment/fines, only compensation may be asked for). Sri Lanka already has 7 other Acts that place restrictions on free speech. Law enforcement is already ill-equipped to enforce these laws. Adding a new law creates opportunity for misuse, potentially floods the court system with frivolous petitions, not to mention the expense of establishing a new commission.
Given these concerns, IT4P has launched an SMS “e-referendum”, allowing citizens to use a simple SMS message to make their voices heard on key policy issues, starting with the Online Safety Bill. Implemented through a leading telecom provider, the solution allows any Sri Lankan mobile subscriber to send an SMS to the number 0767 001 001 with a poll code followed by “yes” or “no”. For example, if you believe the above bill should not be passed in parliament, you may send “OSB NO” to 0767 001 001. Ongoing polls will be published on social media and the organisation’s website, it4psrilanka.org. SMS was chosen over a web/mobile solution mainly to curtail bots that is a common problem in online polling.
A referendum format (i.e. only specific policy issues – no polls on politicians, parties or sensitive opinions) was chosen so as to allow the public to express themselves freely. SMS data is protected at
the source by telecom provider privacy policy. The solution’s own privacy policy is to never share data with third parties and to delete all tabulation data at the conclusion of each poll. In the future, IT4P may extend this solution to an SMS-authenticated mobile app.
The project is part of a broader direct democracy Initiative, which the creators believe can be a baby step towards a Swiss-style direct democracy, where citizens directly vote on Government policies. Giving citizens such a direct voice is particularly important at times when citizens believe their elected representatives are no longer aligned with their interests.