Malcolm Cardinal Ranjith and Lawyers’ Collective file FRs against Online Safety Bill

Tuesday, 17 October 2023 01:43 - - {{hitsCtrl.values.hits}}

Cardinal requests SC to declare specific clauses of proposed Bill as unconstitutional
Lawyers’ Collective requests SC to determine new law should be passed by two-thirds majority and be subjected to a referendum

The Archbishop of Colombo Malcolm Cardinal Ranjith and the Lawyers’ Collective filed two separate petitions before the Supreme Court yesterday against the contentious Online Safety Bill.

This petition submitted by Malcolm Cardinal Ranjith has been submitted with a request to declare specific clauses of the Bill as unconstitutional. The petition has named the Attorney General as the respondent.

Meanwhile, the Lawyers’ Collective also filed a petition against the Bill yesterday. The petition was filed by Saliya Peiris PC and Geoffrey Alagaratnam PC on behalf of the civil society group.

The petitioners noted that the powers of appointment and removal of members of the commission to be set up under the Bill are solely vested in the highest political authority of the country, without any checks and balances whatsoever.

They also highlighted that the commission is allowed to execute its powers without any consultative process or engagement of the party concerned or a proper hearing and at the sole discretion of the commission in derogation of the due assurance of the Rules of Natural Justice.

The petitioners listed more inconsistencies in the Bill and requested the court to determine that certain clauses of the Bill are inconsistent with the provisions of the Constitution. They requested the court to determine that therefore it would need to be passed by not less than two-thirds of the whole number of members of Parliament as required under Article 84(2) and approved by the people at a Referendum in terms of the provisions of Article 83.

The two petitions were submitted in a context where numerous individuals, civil organisations, political parties, and groups have voiced their opposition to the Bill.

Additional petitions opposing the Bill have been submitted by various parties, including the Samagi Jana Balawegaya (SJB), National People’s Party (NPP), former Government Information Department Director General Dr. Ranga Kalansooriya, Center for Policy Alternatives, Hashtag Generation, activist Tharindu Uduwaragedara, the Media Law Forum, and others.