Online Safety Bill presented to parliament

Public Security Minister Tiran Alles presented the much-disputed Online Safety Bill to the parliament today (Oct. 03).

The parliamentary sitting commenced at 9:30 a.m. this morning.

The Online Safety Bill, published in the government gazette on September 18, aims to ban online communication of certain statements in the country, prevent the use of online accounts – both authentic and inauthentic – for the use of prohibited purposes, to suppress the financing and other support of communication of false statements and other related matters.

However, the Bill has come under fire for some of its problematic aspects, with the Asia Internet Coalition (AIC) which consists of multiple tech giants including Apple, Facebook, Google, Amazon and Yahoo, the International Commission of Jurists (ICJ), the Bar Association of Sri Lanka (BASL) and the Human Rights Commission of Sri Lanka (HRCSL) voicing concerns.

The HRCSL on Monday (Oct. 02), sent a letter to the Public Security Minister with preliminary observations and recommendations on the Bill, suggesting that the legislation should avoid criminalizing statements deemed merely “distressing” to persons, as feelings of distress can vary in degrees and can be highly subjective.

In its letter, the rights organization also noted that the proposed Online Safety Commission should be formed through an appointment mechanism that guarantees its political independence. “This Commission should not be vested with quasi-judicial powers, not with powers to designate online locations as “declared online locations.”

The HRCSL further pointed out that 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.

Meanwhile, the ICJ said the Bill stands to undermine the exercise of human rights and fundamental freedoms in the country, including freedom of information and expression. The Geneva-based rights organization noted that the provisions related to the setting up, appointment and functions of an Online Safety Commission and other experts, the vague and overboard wording of conduct designated as punishable offences and unnecessary and disproportionate punitive sanctions were of particular concern.

Jeff Paine, Managing Director of AIC said the Bill provides for a draconian system to stifle dissent and Sri Lankans’ rights to expression. He stated that legislation should not dampen innovation by restricting public debate and the exchange of ideas while strongly urging the Sri Lankan government to work closely with industry stakeholders to develop regulations that are reasonable and consistent with international best practices.