Govt. responds to UN Special Rapporteurs' concerns over Online Safety Act

The Government has responded to serious concerns raised by three UN Special Rapporteurs about its new Online Safety Act (OSA) by stating that the law is aimed at addressing internet crimes against women and children and not for the purpose of restricting the fundamental rights of the citizen.

“It is not the objective of the Act to restrict fundamental rights guaranteed to the people by the Constitution of Sri Lanka including the freedom of opinion and expression and freedom of peaceful assembly and of association…,” says a letter sent last week to the Special Procedures Branch of the UN Office of the Commissioner for Human Rights by Sri Lanka’s Permanent Mission to the UN in Geneva.

An alarming growth in crimes committed using digital technology and online platforms has necessitated the strengthening of measures to safeguard individual and societal rights, it states: “Several international instruments and fora have recognised the need for States to take appropriate action in this regard.”

“In 2023, over 8,000 complaints were received regarding crimes committed using the internet and over 100,000 nude photographs of Sri Lankan women and children were circulated on social media,” the letter continues. “The Online Safety Bill passed by the Parliament of Sri Lanka on 24th January 2024 is aimed at addressing this issue of growing public importance and thereby to protect the vulnerable sections of society in line with international standards.”

In November last year, three UN Special Rapporteurs wrote to the Sri Lankan government stating that certain provisions of the Online Safety Bill (OSB)--it wasn’t passed then--and the Broadcasting Regulatory Commission Act (BRCA) “may not meet the requirements of international law and standards”.

They encouraged the withdrawal, public consultation and substantial review of key aspects of both bills to ensure that the adopted legislation complied with Sri Lanka’s international human rights obligations.

The Special Rapporteurs on the promotion and protection of the right to freedom of opinion and expression, on the rights to freedom of peaceful assembly and of association, and on the right to privacy warned of “potential violations of the rights to privacy, freedom of opinion and expression, and freedom of peaceful assembly and of association”.

Sri Lanka’s Permanent Mission has countered that the OSB was passed in compliance with Constitutional procedure, and was challenged in the Supreme Court of Sri Lanka which proposed certain amendments to be incorporated into the Bill before it was passed by Parliament. This was duly done, it states.

“The Hon. Attorney General has clarified to the Human Rights Commission of Sri Lanka that all the amendments made during the Committee Stage of the Online Safety Bill have been in accordance with the provisions contained in the Constitution and the specific directions contained in the determination of the Supreme Court,” it states.

Further amendments are being drafted after “extensive consultations” with interested parties and stakeholders. “These included local institutions, civil society representatives and international stakeholders including the UN and the Internet Coalition,” the letter said.

As for the BRCA, “it is still in the process of being formulated and yet to be published in the Government Gazette, it is noted that the comments by the Special Procedure Mandate Holders (SPMHs) appears [sic] to be based on a document that has not formally been issued by the Government of Sri Lanka”.