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The Sri Lankan government has taken a significant step by publishing the Online Safety (Amendment) Bill, 2024, in the government gazette. This move follows extensive debate and criticism regarding the original Online Safety Bill, particularly around concerns of potential constitutional violations and restrictions on freedom of expression. The amendments aim to address these concerns while modernizing regulatory frameworks for online behavior and content management.
Key Amendments and Provisions
Clarifications of Offenses and
Penalties
The amendments define offenses more precisely and introduce specific penalties
to ensure legal clarity. These adjustments address criticisms about vague
language in the original bill.
Transparency and
Accountability
Certain actions by the President now require Constitutional Council approval,
strengthening checks and balances.
Protections Against Online
Harassment
New provisions define and penalize online harassment and the publication of
abusive content. This addition aims to enhance safeguards for individuals
against cyberbullying and harassment.
Empowering Regulatory
Authorities
The Commission is granted powers to create rules and codes of practice for
internet service providers and intermediaries. This includes addressing harmful
online content, ensuring responsible platform behavior, and promoting digital
safety.
Language Consistency
In cases of inconsistency, the Sinhala text takes precedence over the Tamil
text.
Detailed Sectional Amendments
- Sections Amended (2, 7, 9, 11, etc.): These changes focus on clarifying language, specifying processes, and aligning legal provisions with constitutional standards.
- Repealed Sections (16, 19): The removal of these sections eliminates outdated or redundant provisions, simplifying the legislative framework.
- Revised Terminology (Sections 26, 39): Updates like replacing "inauthentic online account" with "any online account" aim to broaden applicability and clarity.
- New Responsibilities (Section 49): Service providers and intermediaries must comply with rules and codes of practice developed by the Commission, promoting accountability in the digital space.
Implications and Concerns
Addressing Criticism
The amendments tackle concerns raised about the original bill, such as
insufficient transparency and the risk of constitutional violations. The
introduction of clearer definitions and penalties addresses ambiguity, making
enforcement more consistent.
Freedom of Expression
While the bill includes safeguards against online harassment, concerns about
potential overreach remain. Critics argue that stringent regulations could
limit legitimate online discourse or be misused to stifle dissent.
Strengthened Governance
Requiring Constitutional Council approval for certain actions ensures greater
oversight and reduces the risk of abuse of executive power.
Challenges in Implementation
With the Commission tasked to create and enforce codes of practice, questions
about the operational capacity and impartiality of the regulatory authority
arise.
Conclusion
The Online Safety (Amendment) Bill, 2024, represents a concerted effort to modernize Sri Lanka’s approach to online governance. By addressing criticisms of the original bill and introducing new protections, the amendments aim to strike a balance between security and freedom of expression. However, successful implementation will depend on transparent enforcement, regulatory accountability, and continued public dialogue to ensure that the law supports digital safety without undermining democratic principles.
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