Govt. takes steps to make Online Safety Act less draconian

• The new Bill seeks to reduce powers enjoyed by the President over the Online Safety Commission which is to be appointed under the legislation

By Yohan Perera and Ajith Siriwardana   

In response to objections raised by sections of the society on the ‘Online Safety Bill, the government has taken an initial step towards diluting Sri Lanka’s online safety laws through the Online Safety ( Amendment) Bill which was presented in Parliament yesterday.   

The new legislation was tabled in the House in keeping with the promise made by the government that a new legislation would be introduced to ensure that country’s online safety laws are fair. The Online Safety Bill which was approved by Parliament in January this year is amended through the new legislation.   

The new Bill seeks to reduce powers enjoyed by the President over the Online Safety Commission which is to be appointed under the legislation. Accordingly the President could only remove a member of the said commission only after obtaining prior approval of the constitutional council.   

The new legislations also seeks to reduce the power of Online Safety Commission to issue notices to internet service providers and internet services intermediaries to disable access to a location. The provisions which provide to impose penalties to internet service providers and internet service intermediaries are also abolished in the new Bill. The relevant sections of the Bill amended to ensure this position. At the same time the new Bill provides powers to the commission to take action against social media account holders.   

Section 16 of the principal enactment which penalizes a person in or outside Sri Lanka who, with the deliberate intention of wounding the religious feeling communicates falsehood, and section 19 which refers to impersonation are to be repealed in the amendment.   

The Bill will have to be taken up for debate only after providing 14 days for anyone to file objections in courts. It has to be approved by accommodating whatever amendments recommended by the Supreme Court.