Supreme Court concludes deliberations on Online Safety Bill petitions

The Supreme Court yesterday concluded reviewing petitions submitted by various stakeholders challenging the contentious Online Safety Bill introduced by the Government. 

The hearings, presided over by a three-member Supreme Court judge bench, comprising Justices Priyantha Jayawardena, Achala Vengapulli and Shiran Gunaratne, concluded on 19 October. 

The confidential verdict of the judge bench will be communicated to President Ranil Wickremesinghe and Speaker of Parliament Mahinda Yapa Abeywardena in due course. 

On 18 October, Speaker Abeywardena disclosed that a total of 45 petitions were filed against the proposed legislation. 

These petitions were submitted by various entities, including social activist and independent journalist Tharindu Uduwaragedara, Cardinal Malcolm Ranjith, the Socialist Youth Union (SYU), General Secretary of Samagi Jana Balawegaya (SJB) MP Ranjith Madduma Bandara, SJB’s Rehan Jayawickrama, former BASL Presidents Saliya Peiris and Geoffrey Alagaratnam, National People’s Power (NPP) MP Dr. Harini Amarasuriya, and Freedom People’s Congress (FPC) member Prof. G.L. Peiris. 

They challenged various provisions in the legislation, asserting that the bill infringes upon the fundamental rights of freedom of speech and expression guaranteed by the Constitution. 

The petitioners have sought an order stipulating that if the bill is to be passed, it must be approved by a two-thirds majority in Parliament, followed by a referendum. 

The Online Safety Bill, published in the Government gazette on 18 September, aims to regulate online communication of specific statements in the country, curbing the use of online accounts—both legitimate and false—for prohibited purposes and tackling the financing and support of false statements via online platforms. However, the Bill has faced criticism for certain problematic aspects. 

The Asia Internet Coalition (AIC), representing major tech giants such as Apple, Facebook, Google, Amazon, and Yahoo, along with organisations like the International Commission of Jurists (ICJ), the Bar Association of Sri Lanka (BASL) and the Human Rights Commission of Sri Lanka (HRCSL) have also voiced concerns over its potential impact. 

The outcome of the Supreme Court’s deliberations will play a crucial role in shaping the future of this contentious legislation.