SC holds night hearing into Online Safety Bill

Taking into consideration the large number of petitions

• Petitions heard until 8pm, further hearing on Thursday 19th until 9:30pm
• Parties directed to file written submissions before 12 noon on Friday (20)
• The Online Safety Bill was placed on the Order Paper of Parliament on October 3, 2023

The Supreme Court on Wednesday and Thursday (19) held night hearings into the Online Safety Bill taking into consideration the time constraints and large number of petitions filed challenging the constitutionality of the bill. 

The Supreme Court heard these petitions until 9:30pm on Thursday (19) night and directed the parties to file their written submissions before 12 noon on Friday (20).  
In terms of the Article 121(3) of the constitution, Supreme Court should make and communicate its determination to the President and to the Speaker within three weeks of the making of the reference or the filing of the Special Determination petitions.  

The Online Safety Bill was placed on the Order Paper of Parliament on October 3, 2023. Since October 3, a two-week-period was granted for the petitioners to file their petitions. Accordingly, forty six (46) Special Determination petitions had been filed before the Supreme Court challenging the constitutionality of this Bill.  

The Supreme Court three-judge-bench comprising Justices Priyantha Jayawardena, Shiran Goonaratne and Achala Wengappuli began its hearing on October 18 at 1:30pm and allocated limited time period for the counsel who intend to make their oral submissions regarding these petitions. On that date, the Supreme Court heard the petitions until around 8:00pm and fixed the further hearing for Thursday (19) where it went up to 9.30 pm.   

After perusing the written submissions of all parties, the Supreme Court’s determination is to be communicated to the Speaker and the President before October 25.   
The petitioners sought a declaration that the bill requires the approval by the people at a Referendum in addition to the 2/3 approval of the Parliament. However, The Attorney General informed that the government is intending to introduce certain amendments to the proposed Online Safety Bill at the committee stage in Parliament.