Another petition filed challenging Online Safety Bill

Another petition has been filed before the Supreme Court, challenging the new Online Safety Bill.

General Secretary of Samagi Jana Balawegaya (SJB) MP Ranjith Madduma Bandara, SJB’s Rehan Jayawickrema and Freedom People’s Congress (FPC) member Prof. G.L. Peiris filed the petition today (Oct. 04), naming the Attorney General as its respondent.

The petitioners point out that the Bill, which was published in the government gazette on September 18 and presented to the parliament yesterday (Oct. 03), violates the fundamental rights of the country’s people.

Accordingly, they have voiced concerns about the Bill empowering the Online Safety Commission to determine the rights of the citizens and issue directives on persons without a hearing. The Bill takes away all procedural safeguards known to the law such as the right to a hearing and notice prior to any determinations of the rights of the citizens, they explained.

In addition, the President having the sole discretion to appoint the Online Safety Commission and its members makes way for the exercise of arbitrary powers, the petitioners further pointed out.

Another argument put forward by the petitioners is that the clauses of the Bill are excessively onerous and disproportionate in the measures that the Online Safety Commission may impose.

In particular, the provisions of Clause 12 of the Bill are vague and permit the exercise of arbitrary powers and do not pursue any legitimate goals or objectives recognized by Article 15 of the Constitution, the petitioners added.

Accordingly, the petitioners have sought a Supreme Court order declaring that the Online Safety Bill be passed with a special majority of the parliament and approved by the people at a referendum.

On Tuesday (Oct. 03), social activist and independent journalist Tharindu Uduwaragedara filed a petition against the Online Safety Bill, alleging that certain provisions do not comply with the Constitution.