• Proposed bill first drafted in 2016 by Law Commission: Justice Ministry
• Law Commission is not involved in current draft bill: Comm. Chairman
• Bill in the works since 2016 by Law Comm. and Justice Ministry: Public Security Min.
• No idea who drafted the bill, Media Ministry was not involved: Secy. Palpita

In a dramatic turn of events, the drafting of Sri Lanka’s contentious Online Safety Bill has emerged as a topic of intrigue and uncertainty, further complicating the ongoing debate surrounding the legislation.

The lack of clarity on ownership of the current bill that has been gazetted has created concerns over accountability and transparency of the process of introducing the Online Safety Bill.

The Online Safety Bill, published in the gazette in September 2023, outlines a series of objectives. These include establishing the Online Safety Commission, implementing provisions to restrict the dissemination of specific factual statements through online channels in Sri Lanka, taking measures to prevent the use of online accounts and deceptive online identities for illicit purposes, identifying and designating online spaces employed for prohibited activities within Sri Lanka, and suppressing the financing and support for the dissemination of false factual statements.

However, troubling aspects of the bill have raised significant questions and scepticism. 

Whose bill?

It remains unclear who was responsible for drafting the legislation, leading to a perplexing lack of accountability.

Ministry of Mass Media Secretary Anusha Palpita stated: “I have no idea who drafted the bill. It did not come from the Media Ministry.”

Ministry of Justice Secretary Wasantha Perera shed some light on the bill’s origins, explaining that the bill had been drafted by the Law Commission in 2016.

“The initial draft was formulated by the Law Commission in 2016. The current draft is an amended version that includes contributions from various sources, including the Ministry of Public Security.”

Law Commission Chairman Ikram Mohamed, PC made it clear that the commission was not involved in the current draft.

“The draft that has been presented has not come to the commission, so the commission cannot comment on it,” said Mohamed, speaking to The Sunday Morning.

Minister of Public Security Tiran Alles however insisted that the bill was in fact prepared by the Law Commission: “This draft has been there since 2016. Originally, it was drafted by the Law Commission. Then it went before the Ministry of Justice. From there onwards, there have been changes done on and off.”

Alles also claimed to have a copy of the Law Commission’s initial draft, emphasising that while they may not have formulated the current document, their work had laid the foundation for it.

“I have a copy of the Law Commission’s initial draft. If they don’t know, then tell them to look into their files. They will say that they didn’t formulate this particular document, which is true, because they had started doing it in 2016 and then handed it over to the Justice Ministry. But to that document, there have been additions, so when they say they didn’t do this document, it’s true, but the base of it is what they did. From 2016 there would have been so many committees and others adding and removing things.”

Law Commission Acting Secretary Sewwandi Abeysekera clarified the sequence of events, saying that what had been formulated in 2016 were only recommendations and that too for a separate Right to Privacy Bill.

“In 2015, there was a request for a Right to Privacy Bill. In 2016, the Law Commission then headed by President’s Counsel Romesh de Silva came up with some recommendations for the proposed Right to Privacy Bill, which were sent to the Minister of Justice. These recommendations were not accepted, however,” Abeysekera told The Sunday Morning.

She then explained that a special committee had been set up afterwards by the Ministry of Justice, and it was this committee that had drafted the current Online Safety Bill.

“Thereafter, a special committee was appointed by the Justice Ministry for law reform. The Online Safety Bill was proposed by this special committee set up by the Ministry of Justice. This is the bill that has now been put forward.”

However, the members of this special committee and when it was set up is yet to be uncovered as ministry sources seem to be unaware of this information.

The mystery surrounding the drafting of the Online Safety Bill raises critical questions about transparency, accountability, and the legislative process. As various stakeholders voice their concerns and legal challenges mount, the need for clarity regarding the bill’s origins becomes increasingly urgent in Sri Lanka’s complex legislative landscape.

Petitioning the bill

Many petitions were filed before the Supreme Court challenging the proposed bill. Media activist Tharindu Uduwaragedara filed a Fundamental Rights petition on Wednesday (4), challenging the bill and requesting the court to declare specific provisions as unconstitutional.

Further, a group of Opposition parliamentarians, including members from the main Opposition party Samagi Jana Balawegaya (SJB), presented a formal petition to the Supreme Court on the same day to contest the Online Safety Bill. 

The petitioners include SJB General Secretary MP Ranjith Madduma Bandara, SJB Youth Front Vice Chairman Rehan Jayawickreme, and independent MP Prof. G.L. Peiris. They assert that the bill infringes upon the fundamental rights of the public and insist it should require parliamentary approval with a two-thirds majority vote, in addition to a referendum.

Additionally, the Socialist Youth Union (SYU) joined the fray by submitting a petition to the Supreme Court on Thursday (5). Their petition seeks a declaration that the Online Safety Bill, introduced in Parliament by the Government, is in violation of the Constitution.

Media Law Forum Operational Director Prabodha Rathnayaka said that they too had filed a petition on Friday (6) challenging the bill, in addition to the petition also filed by the Working Journalists’ Association. He added that journalist Ranga Kalansooriya, Media Analyst Nalaka Gunawardene, and Senior Lecturer in Mass Communication Wijayananda Rupasinghe would also be challenging the bill in the Supreme Court next week. 

Meanwhile, The Sunday Morning has reliably learnt that the Centre for Policy Alternatives is also preparing to challenge the bill.