What to do about Online Safety Act?

MOST important question is what the Government wants to do.

- BY ROHAN SAMARAJIVA AND SACHINI RANASINGHE

"Amending the 2024 No. 09 Online Safety Act by removing restrictions on freedom of expression" is promised in chapter 1.8 of the NPP Manifesto. Not involving money, the manifesto promise may be taken seriously. It took them 11 months, but the Government did solicit comments and suggestions last month.

For a start, section 12 must be deleted: "Any person, whether in or outside Sri Lanka, who poses a threat to national security, public health or public order or promotes feelings of ill-will and hostility between different classes of people, by communicating a false statement, commits an offence and shall on conviction be liable to imprisonment for a term not exceeding five years or to a fine not exceeding five hundred thousand rupees or to both such imprisonment and fine."

The elements of the offence created by section 12 are irremediably vague. The Supreme Court has repeatedly held that vagueness is a violation of Article 12(1) of the Constitution.