Online Safety Bill should not criminalise statements: HRCSL tells Tiran

• Asks Minister to reconsider timing of bill as enactment without institutional reforms could jeopardise fundamental rights 
• Says remedies for statements deemed distressing are best dealt with in civil proceedings 
• Highlights failures of police in applying existing laws to combat online crimes 
• Stresses Online Safety Commission appointment mechanism must guarantee political independence  

The Human Rights Commission of Sri Lanka (HRCSL), while presenting its preliminary observations and recommendations on the Online Safety Bill to Minister of Public Security Tiran Alles yesterday suggested that the bill should refrain from criminalising statements that are merely considered to be ‘distressing’ to individuals.

Writing to the Minister, the HRCSL noted that feelings of ‘distress’ can vary in degree and can be highly subjective. “Remedies for such injury are best left to civil proceedings wherein damages can be sought by the injured person,” it said. 

The HRCSL noted it was presenting its observations under section 10 (c) of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996 which empowers the Commission to ‘advise and assist the government in formulating legislation’... in furtherance of the promotion and protection of fundamental rights. 

While acknowledging that making online spaces in Sri Lanka safer for its citizens is a valuable legislative objective, the HRCSL highlighted the failures of the police to apply existing laws in combating online incitement to violence.

The HRCL presented seven recommendations in total and requested the Minister to reconsider the bill’s timing as proceeding with such legislation without such institutional reform will irreversibly jeopardise the freedom of speech and expression and related fundamental rights of the people. 

Among its recommendations, the HRCSL proposed the Online Safety Commission should be appointed through an appointment mechanism that guarantees its political independence and called for clear criteria for the classification of inauthentic online accounts should be included in the bill in a manner that preserves the freedom of online users to remain anonymous and to engage in parody or satire. 

The HRCSL also noted that experts appointed to assist police investigations should not be vested with police powers as they may be private actors who are not publicly accountable.