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Online Safety Bill Sri Lanka: Pros and Cons

The Online Safety Bill Sri Lanka is a proposed legislation that aims to regulate online communication and prevent the spread of false, harmful, or offensive statements on the internet. The bill was gazetted by the Ministry of Public Security on September 18, 2023, and has sparked a lot of debate and controversy among various stakeholders. In this essay, I will discuss some of the advantages and disadvantages of the bill.

One of the advantages of the bill is that it intends to protect people from online harassment, cyberbullying, hate speech, and other forms of abuse that can cause psychological, emotional, or physical harm. The bill also seeks to safeguard the integrity of the judiciary, the public order, and the national security by prohibiting statements that amount to contempt of court, provocation of riots, or support for terrorism. Moreover, the bill aims to prevent online fraud, impersonation, and cheating by imposing penalties for such offenses.

Another advantage of the bill is that it establishes an Online Safety Commission, which is an independent body that can receive complaints from aggrieved persons and issue orders to remove or block access to prohibited statements. The commission can also declare online locations that repeatedly communicate false statements as declared online locations and disable access to them by end users in Sri Lanka. The commission is supposed to act in a transparent and accountable manner and respect the right to freedom of expression.

However, the bill also has several disadvantages that may outweigh its benefits. One of the disadvantages is that it gives too much power and discretion to the commission and the minister of public security to determine what constitutes a prohibited statement and what actions should be taken against it. The bill does not provide clear definitions or criteria for some of the offenses, such as false statements, harassment, or religious sentiments, which may lead to arbitrary and subjective interpretations and applications. The bill also does not provide adequate safeguards for due process, judicial review, or appeal for the persons affected by the orders of the commission or the minister.

Another disadvantage of the bill is that it may violate the right to freedom of expression, opinion, and information, which is guaranteed by the constitution of Sri Lanka and international human rights law. The bill may restrict legitimate and lawful speech that is critical, dissenting, or unpopular, and create a chilling effect on online discourse. The bill may also undermine the role of the media, civil society, and other actors in exposing corruption, holding authorities accountable, and informing the public about matters of public interest.

In conclusion, the Online Safety Bill Sri Lanka is a controversial piece of legislation that has both positive and negative aspects. While it aims to protect people from online harm and maintain public order and security, it may also infringe on their fundamental rights and freedoms. Therefore, it is important that the bill is subjected to a thorough and inclusive consultation process with all relevant stakeholders before it is enacted into law.

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