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Laws against fake news: Draft yet to be finalised

03 Jul 2021

By Yoshitha Perera  The draft of the proposed legislation on action against the spreading of fake news and misleading digital content via social media has not yet been finalised, The Sunday Morning learnt.  Speaking to The Sunday Morning, Justice Ministry Secretary M.M.P.K. Mayadunne said that the drafting of new laws to curb the spread of alleged falsehoods has not reached its final stages and it would take some time to complete the draft.  “At this point, I can’t mention an exact time period, and it will take some time to present the final draft to Cabinet,” he said.  In April 2021, the Cabinet approved the legal concept papers to mark fake news as an offence under the Penal Code.  Meanwhile, a statement issued by the Police on 8 June stated that anyone creating, publishing, sharing, forwarding, or aiding and abetting in the spread of fake news on social media will be considered to have committed an offence under provisions of the Police Ordinance, the Penal Code, the Prevention of Terrorism (Temporary Provisions) Act (PTA), the Computer Crime Act, and other laws.   The statement further mentioned that persons sharing falsehoods on social media could be arrested without a warrant.  While opposing the above move, the Bar Association of Sri Lanka (BASL) and media movements in the country stated that the law could be misused by the Police in order to stifle freedom of expression which is a fundamental right protected by the Constitution.   


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