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Plans to criminalise social media character assassination

02 Apr 2021

  • New Penal Code provision on violation of human dignity

  • New committee to conceptualise and frame details

  The violation of human dignity, including making allegations about a person’s private life and engaging in character assassination, would be made an offence under the Penal Code in Sri Lanka. “The violation of human dignity, including in instances where social media is being used to make allegations about a person’s private life, would be made an offence under the Penal Code,” Ministry of Justice Additional Secretary – Legal Division Piyumanthi Pieris told The Morning. Pieris stressed that these amendments to the Penal Code are still under discussion, with a committee being appointed to conceptualise and frame the necessary details. Pieris added that these measures would be taken for the protection of human dignity. However, the scope of this offence has not been defined yet, and it is unclear if this would cover comments made on social media by individual users or if it would be limited to organised and malicious smear campaigns. The conceptual principle of human dignity is considered the basis of human rights. Article 15(2) of the Constitution provides for the restriction of the fundamental right of freedom of speech and expression including publication guaranteed under Article 14(1)(a) on the grounds of, among others, defamation, while Article 15(7) allows for the same right under Article 14(1)(a) to be limited for the purpose of securing the due recognition and respect for the rights and freedoms of others. Criminal defamation has, however, been struck off the statute book. Currently, the Sri Lanka Computer Emergency Readiness Team (SLCERT) is working with the Cyber Crimes Division/Unit of the Criminal Investigation Department (CID) to combat online harassment.


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