Experts group warns no laws to define child sex abuse material

Last year, a high-level group convened by President Ranil Wickremesinghe to study the serious spike in online violence against children and make recommendations for protection, presented its report.

“The Committee Appointed to Study and Make Recommendations for the Protection of Children” warned that there are no laws in Sri Lanka to explicitly define child sex abuse material. Child protection experts have also pointed out that the Obscene Publications Act, the Vagrants Ordinance or the Penal Code–all of which contain provisions on pornography–are not precise enough.

The committee also maintained that the OSB did not introduce adequate measures to combat child sexual abuse material and other harmful online content for children. And it did not have any safeguards for children who have been victims of online violence.

Public Security Minister Tiran Alles, whose ministry is the mover of the OSA, told the Sunday Times that Cabinet-approved amendments to the Act are being still finalised by the Legal Draftsman’s Department. Many analysts have said these changes are backed by the internet companies and benefit only the internet intermediaries, not the citizenry.

But no other proposed changes have been taken into consideration. And this week, Minister Alles confirmed that he has not even seen the report of the committee appointed by the President to make recommendations regarding the online safety of children.

“I will check on that,” he said. “I’m not sure what you are referring to.”

Apart from pushing for a regulatory mechanism, the Committee calls for legislation that accurately defines child sexual abuse material. It recommends action against anyone that produces such content for the purpose of its distribution through a computer system; offers or makes available the content through a computer system; distributes or transmits it through a computer system; procures child sexual abuse material through a computer system for oneself or another person; and possesses the content in a computer system or on a computer-data storage medium.

The report has recommended a range of other amendments.