HRC calls for balanced policies on hate speech

• Human Rights Commission Head writes to TRC on  proposed policies on social media 
• Says regulations should respect Constitutional rights including free speech and right to information 
• Believes legal limits should respect international human rights obligations and public interest 

As the Government readies to introduce new laws to regulate social media, the Human Rights Commission yesterday called for the protection of Constitutional rights including freedom of speech and right to information in forming new polices.    

In a letter addressed to the Telecommunications Regulatory Commission (TRC) Chairman and Secretary to the President Austin Fernando, the Human Rights Commission of Sri Lanka (HRCSL) Chairperson Dr. Deepika Udagama said her organisation recognised the critical necessity to protect freedom of expression and the right to information as guaranteed by the Constitution of Sri Lanka and Sri Lanka’s international human rights obligations.

“The Commission recognises the critical necessity to protect freedom of expression and the right to information as guaranteed by the Constitution of Sri Lanka and Sri Lanka’s international human rights obligations. In doing so, we recognise the need to strike the necessary balance between those rights and maintenance of public order and the protection of the rights of all,” Dr. Udagama said in her letter.

The President on Thursday instructed the TRC to lift the ban restricting access to social media platforms. The ban was imposed following racial and religious attacks on Muslims last week in Kandy, which according to the authorities were fuelled by the hate speech in social media.

HRCSL said it had received several complaints from the public regarding the continuing restrictions on social media even after the violence in the Kandy District had been brought under control.

“While we are encouraged by media reports that TRC has taken steps to lift the restriction on social media as quickly as possible, we also wish to point out that any future policy regarding the regulation of social media to deal with hate speech must strike that necessary balance so that freedom of expression and the right to information are restricted only within the legal limits permitted by the Constitution and Sri Lanka’s international human rights obligations in the larger public interest,” the HRCSL Chairperson said.

“Further, we wish to once again reiterate the urgent need to take legal action against those who are using social media to propagate communal hatred and incite sectarian violence under applicable laws, in particular under the ICCPR Act No. 56 of 2007,” she added.