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Online Safety Bill enactment: Speaker to endorse as AG confirms constitutionality

Online Safety Bill enactment: Speaker to endorse as AG confirms constitutionality

01 Feb 2024 | BY Buddhika Samaraweera


Speaker of Parliament Mahinda Yapa Abeywardana said that he had no option but to endorse the Online Safety Bill (OSB) since Attorney General (AG) President’s Counsel Sanjay Rajaratnam had declared that the Bill, which was recently passed in Parliament, was in accordance with the Constitution.

Claiming that the process of passing the OSB had taken place amid a number of irregularities such as the alleged violation of Parliamentarians’ privileges and Parliamentary standing orders (SOs) and the non-implementation of recommendations made by the Supreme Court (SC), several parties, including Opposition political groups, have requested the Speaker not to endorse the Bill.

Civil society organisations, the digital industry both domestic and international, and Colombo-based diplomats have been critical of the OSB and the manner it has been pushed through by the Government. 

When contacted by The Daily Morning, Speaker Abeywardana said that he could not work as per the opinions of various individuals. “I cannot work according to their opinion. It is according to the AG’s opinion that I should work. If the AG says that this Bill is in accordance with the Constitution, I have no option but to endorse it. Just because someone has their opinion, I cannot work as they want."

The OSB, which seeks to regulate online content, had been moved for debate on 23 January by Minister of Public Security Tiran Alles amid much criticism from both domestic and international communities over its content. It was passed in Parliament with amendments and a majority vote on 24 January, amidst objections from Opposition politicians and activists who alleged that the new law would muzzle free speech. When the vote was taken at the end of the two-day debate on the Bill, a total of 108 MPs had voted in its favour while 62 had voted against it.

Following the passage of the Bill in Parliament, several Opposition politicians opined that the Speaker should not endorse it, claiming that the Bill had been passed in violation of the SC’s determination and the SOs. Opposition MP Prof. G.L. Peiris said that the Speaker had no right to endorse the Bill, and that it would be a willful dereliction of his responsibility if he (the Speaker) did so. Media organisations, civil society, and trade union collective to rise against oppressive laws had also written to Speaker Abeywardana requesting him not to endorse the OSB until he was satisfied that the orders and guidelines sent by the SC were fully incorporated into it.



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