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Obscene Publications Prohibition Bill withdrawn 

30 Dec 2021

 
  • Ministry of Justice cites free speech, expression-related concerns 
  • Bill to be amended based on more stakeholder consultation 
  BY Pamodi Waravita  The Ministry of Justice said yesterday (29) that it has decided to withdraw the Bill on the Prohibition of Obscene Publications, which was approved by the Cabinet of Ministers in October this year. “The Justice Ministry was interested in bringing in this law to protect children and to protect the identity and privacy of females who are harassed. It was not done so as to hinder freedom of speech. However, civil society groups and other interested parties have presented their views on this subject over the past few months and they stressed that when we formulate such laws, we must seriously consider the freedom of speech aspect as well,” Ministry of Justice Secretary M.M.P.K. Mayadunne said in a statement issued in this regard yesterday.  Thus, Mayadunne said that considering these concerns, Minister of Justice President’s Counsel M.U.M. Ali Sabry had instructed that the current Bill be withdrawn and that an amended Bill, based on consultations with the civil society, the Bar Association of Sri Lanka, the Sub Committee to Reform the Criminal Law, and other interested parties, be presented to the Cabinet. “The policy behind the Prohibition of Obscene Publications Bill was mainly to afford greater protection to children, not to stifle the freedom of expression or to be used as a tool to unfairly target anyone. To achieve that, more stakeholder consultations and amendments are needed,” Justice Sector Reforms Programme Director and Co-ordinating Secretary to the Ministry of Justice Attorney-At-Law Shamir Zavahir Tweeted yesterday.  Currently, the Obscene Publications Ordinance deals with offences related to obscene publications. It allows for a fine of up to Rs. 2,500 for the first offence or imprisonment for a term of six months. The trade, distribution, or public exhibition, and to make, produce, or possess obscene writings, drawings, prints, paintings, printed matter, pictures, posters, emblems, photographs, cinematograph films, video cassettes, or any other obscene objects, are offences under the Ordinance. The aforementioned Bill was due to repeal this Ordinance.


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