Another blow to democracy and peoples’ freedom

Last week, Parliament passed yet another draconian law that curtails the freedom of its citizens. The Online Safety Bill, presented to Parliament by the minister in charge of the police rather than those in charge of information technology will allow the Government to set up a commission with a wide range of powers, which includes ordering people and internet service providers to remove online posts deemed “prohibited statements.” It can also legally pursue people who publish such posts.

The purported objectives of this legislation is to protect persons against damage caused by communication of false statements or threatening, alarming or distressing statements, ensure protection from communication of statements in contempt of court or prejudicial to the maintenance of authority and impartiality of the judiciary and introduce measures to detect, prevent and safeguard against the misuses of online accounts and bots to commit offences under this Act; and to prevent the financing, promotion and other support of online locations which repeatedly communicate false statements of fact in Sri Lanka.

Such a broad interpretation is bound to leave much discretion to those now in charge of the internet in Sri Lanka. Who are commissioners of a politically appointed commission to determine what are “distressing statements” or what may constitute “false statements of facts in Sri Lanka.” No supreme authority is the custodian of the truth nor morality within a society. Calling a politician corrupt may be deemed as a violation or stating an opinion may be deemed to be ‘alarming or distressing’ to some. Who are the Gods among us who are going to sit in this commission to determine the fate of “Any person, whether in or outside Sri Lanka, who promotes feelings of ill-will and hostility between different classes of people, by communicating a false statement, commits an offence.”

The fact that such a draconian piece of legislation was brought under the watch of President Ranil Wickremesinghe is most shameful. This will be one of his anti-democratic legacies he has now bestowed on the future generations of Sri Lanka.

The ‘temporary’ Prevention of Terrorism Act that was introduced in 1979 as a short-term measure to counter terrorism has plagued this nation for over 40 years and destroyed the lives of tens of thousands of citizens who had nothing to do with any violence or terrorism. Just as the PTA has been weaponised against the citizenry, the OSB will also no doubt be a tool of suppression. 

This draconian Act does not define precisely what speech is prohibited. Rather it outlines a broad range of online statements which would be prohibited by law. The law even attempts to extend its reach to Sri Lankans living beyond our shores. The groundwork has been set through this legislation to set up a surveillance State with the Government interfering into even the most private spaces of the citizens. It will create fear and intimidation among journalists, human rights defenders and civil society organisations to carry out their independent work, conduct investigations and build and sustain relationships with confidential sources.

The Online Safety Act is a blatant violation of the basic human rights of the people of Sri Lanka. These freedoms were not granted on the magnanimity of the State but inherited on the virtue of being born human. Those who introduced and passed this legislation should be shamed for generations to come.