- An open dialogue about online harassment and cybercrime in Sri Lanka
Bullying and harassment is a tale as old as time. It’s no secret that with the growing virtual world, the anonymity of the internet allows cowardly bullies to torment and abuse people via social media platforms more liberally. Despite some efforts made by the judiciary, there is no all-encompassing Cyber Crime Act in Sri Lanka. However, through a voyage of discovery the perpetrators can still be held liable and accountable, if and when a crime is reported.
However, due to the sensitive and taboo nature of some of these crimes, especially concerning those of revenge porn or doxxed images, there is a trend of reluctance on the victim’s part and those survivors of online sexual harassment who have reported being humiliated further by the authorities themselves.
Aside from online sexual harassment, hate speech is another vital element of cyber-crime prevention and it’s imperative not only for overall peace, but also for national security. While advocates and social media content creators regularly post about this topic, the authorities mostly prioritise racially or religiously motivated extremist violent instigating hate speech online as opposed to other misogynistic, homophobic and transphobic, or fatphobic bullying online.
These cyberattacks, while they may not directly harm national security, will trigger mental health illness and an increase in mental distress for anyone, whether they’re a private person or a public figure. It is a fundamental right to be free of cruel and inhumane treatment and it should ideally extend to a person’s online life and reputation as well.
The Penal Code of 1883, Obscene Publications Ordinance No. 4 of 1927, and the Vagrants Ordinance No. 4 of 1841 provides some limited and dated laws alongside the Computer Crimes Act of 2007 and the 2005 Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, leaving room for secondary victimisation by the law. Other pivotal legal sections and ramifications include The Budapest Convention (Convention on Cyber Crime), Computer Crimes Act No. 24 of 2007, Electronic Transaction Act, No 19 of 2006, Evidence (Special Provisions) Act No. 14 of 1995, and Prevention of Domestic Violence Act, No. 34 of 2005.
The Penal Code of Sri Lanka
Section 345 of the Penal Code provides that “whoever, by assault or use of criminal force, sexually harasses another person, or by the use of words or actions, causes sexual annoyance or harassment to such other person commits the offence of sexual harassment.” Since cyberbullying involves harassment, it might fall under the purview of this section. Therefore, a victim who has been sexually harassed on social media may utilise this section. However, it only covers gender-based harassment; it cannot be used in cyberbullying cases involving religion, race and ethnicity.
Furthermore, Section 483 of the Penal Code creates the offence of criminal intimidation. It provides that “whoever threatens another with any injury to his person, reputation, or property, or to the person or reputation of anyone in whom that person is interested with intent to cause alarm to that person or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat”, commits criminal intimidation. For instance, a cyber-bully who threatens to harm the victim or publish non-consensual images of the victim can potentially be discussed under this section.
A recent amendment to the Penal Code is Section 286B states that “a person who provides a service by means of a computer shall take all such steps as are necessary to ensure that such computer facility is not used for the commission of an act constituting an offence relating to the sexual abuse of a child”. This section is more of a prevention of any sexual abuse of a child through any electronic means.
Section 17 of the Prohibition of Ragging and other forms of Violence in Educational Institutions Act, No. 20 of 1998 covers cyberbullying to a certain extent. Ragging means “any act which causes or is likely to cause physical or psychological injury or mental pain or: fear to a student or a member of the staff of an educational institution”. However, once again it does not provide redress to victims of cyberbullying outside educational institutions.
Section 2 of the Obscene Publications Ordinance No. 4 of 1927 can be potentially used to prosecute cyberbullies. It criminalises acts of making, producing and or having in possession for distribution or publicly exhibiting obscene material. Therefore, any individual who makes or produces or possesses nude pictures or videos can be prosecuted under this section.
Thus even though there is evidence that certain provisions in these acts can be utilised to prosecute perpetrators involved in any kind of cyber harassment, such laws do not explicitly speak about cyber harassment. Successful prosecution is essential to combat cyber harassment.
Advocacy and Communications Consultant Shanuki de Alwis
“Inform yourself of your rights”
Shanuki de Alwis is an advocacy and communications consultant based in Sri Lanka, where she integrates her 23 years of experience in advertising and brand communications with her passion for social causes. She is also a TEDx speaker, trainer, freelance creative director, public speaker and well-known theatre practitioner on stages in Colombo. A TEDx speaker and popular podcaster, de Alwis is the creator and host of the award-winning programme “Shhh…”.
What’s your personal experience with cyber harassment?
I’ve been subjected to gender-based hate speech, cyber bullying, threats, intimidation, attempted exploitation, identity theft, sexual harassment, obscene publication, stalking and misrepresentation – Pretty much the whole spectrum! I generally tackle it by not letting it affect me and continuing to maintain dignified and respectful online behaviour, which ends up with the perpetrators getting bored and moving on because they haven’t been able to elicit an emotional response from me. Also, by countering their attacks with restraint and maturity (wherever the incident has been public), it usually ends up with them looking bad and their power being reduced. I have also filed police complaints and pursued legal recourse wherever I have felt that ignoring the incident is either a risk to my wellbeing or to others in the longer run. Unfortunately, where I have gone to the CID cybercrimes division and police for assistance, their response and action has been disappointing, delayed and thoroughly useless. My own personal efforts to mitigate the issues have been more effective.
What advice do you have for online users to combat cyberbullying and harassment?
Stigma and ignorance are the perpetrator’s biggest strengths. Inform yourself of your rights and what legal options/support systems are available to you. There is nothing to be ashamed of or secretive about when you have been victimised. Before you block the attacker, screenshot every interaction and do not delete anything, because it becomes important evidence to catch them and hold them accountable. Talk to someone – if you’re young, preferably a trusted adult who will help you. Prioritise your mental wellness – there is no reason to continue any communication with your cyber attacker if it is draining you. There are good support systems available, when you are ready to seek help.
Sharing your story (even anonymously) with organisations working on cyber safety helps them develop important case studies and evidence reports to push policymakers to strengthen the laws on cyber violence.
What legal remedies are available for victims of cyber harassment in Sri Lanka?
You can call the Prathya hotline on 0777 955900 for legal, technical or psychosocial support. It’s a free tri-lingual ecosystem of support for anyone who has experienced online violence. You can also reach out to organisations like the Yeheliya Foundation, Bakamoono.lk and Hashtag Generation who can help you with legal advice and connect you with the right solutions.
Ideally, your first step would be to screenshot everything and go with a good lawyer to the Police or CID cybercrimes division and lodge a complaint. Having a lawyer with you prevents the authorities from victim blaming you or ignoring your case.
Photographer Tai Shin Shiek
“Report your bullies”
Tai Shin Shiek is a self-taught photographer from Sri Lanka who has been in the business for almost a decade. Shiek’s commitment to his clients goes beyond just taking pictures; he invests time to understand their personality, mood, and occasion to create a connection and capture the perfect frame. His expertise, technical knowledge, equipment, and jovial attitude make him stand out in the industry.
What’s your personal experience with cyber harassment?
Cyber harassment is something that comes out of thin air, meaning it doesn’t have to be related to anything. People will just jump on the bandwagon and harass. For me personally, people will just take the fact that I am 3/4 Chinese and 1/4 Sri Lankan. Some don’t know I was born here in Sri Lanka. Most comments were along the lines of ‘hate Chinese’ for ‘taking over the country!’ meaning that Sri Lanka is selling parts to China and people are asking me to leave in the rudest way possible.
What advice do you have for online users to combat cyberbullying and harassment?
Report whoever the bully is! Instagram has a method where they can block people from similar accounts also so you will not get harassed when they try to make another account and come after you.
Also learn to accept your flaws (they are not flaws, it’s just that we are brainwashed into thinking they are) and move on with life. If you walk on the road and a dog comes and bites you out of nowhere what will you do? Bite the dog back or just medicate yourself and move on? Just don’t let insecurities be the downfall of your fabulous self!
I was born in Sri Lanka and I am not Chinese. It was really bad! Now I own that fact and I am proud to have mixed heritage!
What legal remedies are available for victims of cyber harassment in Sri Lanka?
Civil remedies: Victims of cyber harassment may also seek civil remedies, such as obtaining an injunction or filing a civil lawsuit. An injunction is a court order that prohibits the perpetrator from engaging in certain behaviour, such as contacting the victim or posting harmful content online. In a civil lawsuit, the victim may seek damages for the harm caused by the cyber harassment.
Reporting to the police 119: Victims of cyber harassment may also report the harassment to the police, who may investigate and take action against the perpetrator if they find evidence of a crime.
Online safety resources: Victims of cyber harassment may also find support and resources through organisations such as the Sri Lanka Computer Emergency Readiness Team (SLCERT), which provides advice and guidance on how to protect oneself online.
It’s important to note that cyber harassment can take many forms, and the appropriate legal remedy will depend on the specific circumstances of each case. Victims of cyber harassment in Sri Lanka are encouraged to seek the advice of a legal professional who can provide guidance on their specific situation.
“Cyber harassment can take many forms”
Shyamala Gomez is the founder of the Centre for Equality and Justice (CEJ), a women’s organisation based in Colombo that works on issues of post-war and women. Gomez is also a human rights lawyer and activist, and taught law at the Faculty of Law, University of Colombo for over eight years and was also the Gender Advisor to the United Nations (UN) Office of the Resident Coordinator in Colombo.
Her recent research interests include conflict related sexual violence (CRSV) and women and reparations.
“I’ve not had any such experience, personally. But I have a few friends who have gone through it. Be aware, take action for yourself, take action for others, report and follow up so perpetrators are punished,” Gomez said.
She added: “Cyber harassment can take many forms. There are many laws to address its many forms such as the Computer Crimes Act, relevant provisions in the Penal Code and even the Constitution. However, their implementation remains weak. This is due to the lack of knowledge and skills of first responders and others. Victims of cybercrime need to call out these crimes so there is more awareness of the problem and those responsible learn how to tackle such cases.”
“Speaking up is important”
Hiruni Jayawardene is an Attorney-at-Law and is presently reading a Master of Arts degree in English and a PhD in International Relations. She graduated from the University of Colombo with a Masters in Human Rights and recently concluded a course in International Criminal Law conducted by the International Bar Association in partnership with Florida State University. She is an LLB graduate from the University of London and is a motivated and driven individual who is extremely passionate about pursuing a career in lecturing and research in the field of law. Her key interests are in the areas of Public International Law, Human Rights Law, English Literature and International Relations.
What’s your personal experience with cyber harassment?
While this may not be an example of traditional cyber harassment, I was severely cyber stalked and harassed by an acquaintance to the extent that the stalker created fake accounts on social media, and also approached my places of work in the guise of a potential student. I was relatively new to the field of lecturing at this point. I confided in my workplace superiors which was very unsettling for me, especially as I worked in the capacity of a lecturer, and it caused me to be concerned about the negative perception/image my workplace would have of me.
This had a daunting effect on my mental health and caused me to be extremely cautious in the use of social media for a very long time. Initially, I did not respond to any of the calls/texts/messages that I received from this individual as I believed that they would eventually get tired of stalking me. However, when they approached a different work environment, for the second time, several months later, my superior directly got in touch with the stalker and warned the individual thoroughly that legal action would be taken against their actions if the harassment continues.
Although I was of the impression that not reacting to abuse was the best way to go about harassment, through my experience it was clear to me that it is essential that these harassers are called out, and held accountable for their actions. Denial or simply ignoring them is not a feasible solution in the long run. I have observed that many social media users now actively call out cyber-bullies, and respond to comments head-on. I think that although, at times the number of hate comments may be overwhelming, it is important to speak up against any form of cyber harassment, which will in turn raise awareness and encourage other victims to do the same.
(Grace Wickremasinghe is a social media content creator and spoken word poet who organises open mic nights as House of Grace Events. Through her work, she passionately advocates on behalf of marginalised communities and is a multifaceted academic with a law, gender, and women’s studies, forensics science and medicine, English literature, and psychology background)
The views and opinions expressed in this article are those of the author, and do not necessarily reflect those of this publication.