In the turbulent wake of the September 2024 Presidential Election, Sri Lanka’s political landscape has undergone a profound transformation. 

A new Government, led by President Anura Kumara Dissanayake and the National People’s Power (NPP) coalition, has taken the reins, inheriting a host of complex issues, none more fraught with controversy than the Online Safety Act (OSA). 

This piece of legislation, passed into law by the previous administration amidst fierce criticism, is now facing a meticulous and deliberate review, marking a significant policy reversal and highlighting the deep-seated tensions between national security concerns and the protection of fundamental rights.

However, the incumbent Government, after shifting away from the pledge of repeal, is now looking at introducing amendments to the piece of legislation and last week published an advertisement seeking public observations on amendments to be included in the OSA. 

A fraught history

The history of the Online Safety Act No.9 of 2024 is a narrative of political urgency clashing with fundamental rights. The bill was championed by the then Minister of Public Security, who, in late 2023, framed it as a necessary and modern tool to combat rising cybercrime, online harassment, and the spread of disinformation. 

The previous Government argued that existing laws were insufficient to address the complexities of the digital age and that the act would protect vulnerable citizens, particularly women and children, from online harm. The legislation’s expedited passage, however, was seen by many as a clear attempt to consolidate power and silence dissent.

The former Minister denied any ulterior motive in the drafting of the bill. He denied that the process had been expedited without applying the due recommendations of the Supreme Court, and further claimed that there were no flaws in the OSA.

The outcry against the bill when it was first presented in Parliament was immediate and widespread. Civil society organisations, legal experts, media watchdogs, and trade unions launched a multi-pronged opposition campaign. 

The incumbent Government, then in Opposition, was at the forefront of this resistance. President Dissanayake, an Opposition MP at the time, denounced the act as a veiled attempt to stifle political opposition. Similarly, Dr. Harini Amarasuriya, now the Prime Minister, publicly labelled the bill “highly flawed” and an affront to democratic principles. 

This shared history of opposition has placed the Government in a unique position, compelled to act on its previous promises while navigating the realities of governance.

The legal battle against the bill was a defining moment in its history. An unprecedented 45 petitions were filed with the Supreme Court, challenging the constitutionality of its provisions. In its determination, the court recommended 31 amendments, indicating that the bill, in its original form, was unconstitutional and in violation of human rights. 

A new direction

The incumbent Government, however, is proceeding with a more nuanced approach than its past rhetoric might have suggested. Instead of outright repeal, it has chosen a path of deliberate review.

The Government’s broader strategy for media and citizen rights was articulated by Cabinet Spokesperson and Minister of Health and Mass Media Dr. Nalinda Jayatissa. At a Cabinet press briefing on Tuesday (12), Dr. Jayatissa confirmed that the Government was looking to introduce a suite of new legal measures in response to public concerns.

“It has been brought to our notice that many people are affected by the media and [the Government has been requested by stakeholders during stakeholder consultations] to look into the rights of the people affected by the media. We have received many complaints,” Dr. Jayatissa said. 

He added that the Government’s intention was to “introduce certain laws and amendments to ensure that the rights of the citizens are protected. The only purpose of this is to protect; we intend to protect the rights of citizens, while also protecting media freedom.”

Regarding the OSA specifically, Dr. Jayatissa confirmed that a multi-ministerial effort was underway. “Concerning the Online Safety Act, the Ministries of Justice, Mass Media, and Public Security have appointed a committee,” he stated.

The Minister reiterated the Government’s commitment to transparency, saying: “We will be calling for public consultations on this as well. After considering all of these matters, we intend to make certain changes to the law.”

Incumbent Minister of Public Security Ananda Wijepala has been the primary voice of the Government’s position in his official capacity. He acknowledged the controversy but insisted that the act, in some form, was necessary.

“The act is out there and we do need the OSA. I will not deny the purpose it serves. If there is no need for the act, then why would we appoint committees and waste time, money, and effort?” he questioned.

Wijepala pointed to the rising number of cybercrime complaints as evidence of the need for a new legal mechanism to protect citizens from online harm. “This is not a suppression of rights, but rather the protection of the rights of citizens, which may be harmed if there are no protections,” he argued, directly addressing one of the main criticisms against the law. 

The Minister further noted that the act in its current form had received enumerated criticisms from the members of the NPP Government in its draft stages, and the position had not changed. While acknowledging that reform was necessary for the OSA to prevail without being abused, he claimed that certain aspects of the law would be enforceable to suppress the rising number of cybercrime complaints.

Commenting on the operationalisation of the act, Wijepala stated: “The act as it stands is not fully operational. There is supposed to be an Online Safety Commission, and we have not made appointments to it because of these controversies.” He added that only the necessary parts of the act were being enforced.

The path forward

The Government’s commitment to a collaborative review is a cornerstone of its approach. 

Minister Wijepala confirmed that the special committee to review the act was headed by the  Solicitor General and included representatives from the Attorney General’s Department; the Ministries of Justice, Public Security, and Media; and an SDIG from the Criminal Investigation Department (CID). 

However, the timeline for these revisions remains fluid. Minister Wijepala admitted that the public consultation process may extend the period needed for the committee’s work. 

“We have asked the committee to submit the report in three months. However, giving due weight to public consultations, we may need more time to review the changes to the existing law,” he said. 

“I cannot assure you whether the changes will be passed into law before the end of the year. A lot depends on the public consultations and the period needed to process the proposals. We will try our best.”

In the interim, the act’s partial implementation has already had a real-world impact. High-profile cases have been filed under its provisions, demonstrating that even without the full operationalisation of the Online Safety Commission, the law is being used. This reality underscores the urgency of the committee’s work and the Government’s commitment to delivering a legal framework that is both effective and rights-compliant.

The ongoing review of the Online Safety Act is a defining test for the NPP Government. It must reconcile the promise of a safer digital environment with its avowed commitment to protecting democratic freedoms. The ultimate outcome of this process, whether the law is amended into a rights-respecting framework, simply tweaked to serve new political interests, or repealed entirely, will be a crucial indicator of the country’s direction.