The government of Sri Lanka has published the Online Safety (Amendment) Bill via the government gazette, marking a significant step in its...
The government of Sri Lanka has published the Online Safety (Amendment) Bill via the government gazette, marking a significant step in its legislative process. The original Online Safety Bill, which has been a subject of intense debate, faced criticism from various parties over potential limitations on freedom of expression and possible constitutional violations.
The Cabinet of Ministers granted approval to publish the revised Online Safety Bill in the government gazette and to table it in Parliament on July 23, 2024. Despite concerns raised by experts in the field about certain sections of the bill, these proposed amendments could not be incorporated during the committee stage.
As a result, the Cabinet approved the preparation of a draft bill to amend the Security of Online Methods Act No. 9 of 2024, addressing the highlighted issues. The revised draft bill received approval from the Cabinet of Ministers on February 12, 2024, following a proposal by the Minister of Public Security, Tiran Alles, to publish it in the gazette and present it to Parliament for approval.
Key Amendments in the Online Safety (Amendment) Act, 2024:
Clarifying Offenses and Penalties: The amendments provide clearer definitions of offenses and specify penalties for violations.
Enhancing Transparency and Accountability: Provisions have been added to require approval from the Constitutional Council for certain actions by the President.
Strengthening Protections Against Online Harassment: New sections define and penalize online harassment and the publication of abusive content.
Empowering Regulatory Authorities: The amendments empower the Commission to create rules and codes of practice for internet service providers and intermediaries to address harmful online content and behavior.
Language Consistency: In case of inconsistencies, the Sinhala text will prevail over the Tamil text
Key Amendments:
Amendment to Section 2:
- Clarifies that a person commits an offense under the Act within Sri Lanka in respect of any person.
Amendment to Section 7:
- Requires the President's actions to be subject to the approval of the Constitutional Council prior to implementation.
Amendment to Section 9:
- Requires reasons for refusal to be provided in writing to the concerned member.
Amendment to Section 11:
- Repeals and substitutes specific paragraphs for clarity and better legal alignment.
Amendment to Section 13:
- Renumbers existing sections and includes provisions for contempt of court to be tried in appropriate courts.
Repeal of Section 16:
- Section 16 is removed entirely from the principal enactment.
Amendment to Section 18:
- Updates the definition and penalties related to committing offenses by personation.
Repeal of Section 19:
- Section 19 is removed entirely from the principal enactment.
Replacement of Section 20:
- Introduces specific penalties for harassment through online statements and defines harassment and private communication.
Amendment to Section 21:
- Introduces penalties for publishing abusive or pornographic material without consent.
Amendment to Section 23:
- Modifies provisions related to social media accounts and internet service providers.
Amendment to Section 24:
- Adjusts definitions and responsibilities related to social media accounts.
Amendment to Section 26:
- Clarifies the terminology from "inauthentic online account" to "any online account."
Amendment to Section 27:
- Simplifies language and removes specific provisions related to service providers.
Amendment to Section 29:
- Clarifies the responsibilities and protections for internet service providers and intermediaries.
Amendment to Section 30:
- Adjusts penalties for non-compliance with the Act.
Amendment to Section 31:
- Similar adjustments to penalties as in Section 30.
Amendment to Section 32:
- Provides for representation before the Magistrate by an intermediary.
Amendment to Section 33:
- Introduces confidentiality requirements for those engaged in investigations under the Act.
Amendment to Section 39:
- Specifies that offenses committed outside Sri Lanka are deemed to have been committed within Sri Lanka.
Replacement of Section 49:
- Empowers the Commission to make rules and codes of practice for internet service providers and intermediaries.
Amendment to Section 52:
- Refines definitions of "false statement" and "inauthentic online account."
Language Consistency:
- In case of inconsistencies, the Sinhala text prevails over the Tamil text.
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