Sri Lanka as a democracy has had a poor track record on civil rights and freedom over the last seven decades. Given the past experience of dissent has been dealt with by the Government, political parties and powerful individuals and groups, a majority of Sri Lankans have found refuge, a safe space to air their views and criticism in the digital realm of social media. 

As such, attempts by the current Government, or more specifically, the Ministry of Public Security trying to railroad legislation which aims to regulate discourse in the digital realm in guise of combating cyberbullying, cyber-crime and curtailing fake news is something all freedom-loving Sri Lankans should pay close attention to.

Irrespective of how the Government and proponents of the Online Safety Bill would like to dress it up, it is clear that the SLPP-UNP Government’s rationale behind such legislation is to control free speech. The Public Security Ministry and many of the Sri Lanka Podujana Peramuna (SLPP) party witnessed firsthand how social movements in the online domain, especially by youth on social media, effectively mobilised masses which led to their Government and its President being overthrown. This has clearly been a driving force behind the push to introduce such legislation.

However, regulation of the digital domain, and online activity for Sri Lanka and Sri Lankans is inevitable; like many other nations, Sri Lanka too will eventually bring legislation for such spaces. What is important is who and how such legislation will be used. Granted there are significant issues on social media and the digital space Sri Lankans use. There is rampant cyber bullying, revenge porn, derogatory comments, extremist narratives, identity theft, a myriad of cyber scams and fake news which needs to be addressed. Going by statements by government ministers, even as recently as last week, where a video of some of them parting on a ship caused an uproar, it is clear that the real reason the Government wants to regulate the space through the proposed Online Safety Bill (OSB), is aimed at containing dissent. The bill will be debated in Parliament next week.

Last weekend, the Asia Internet Coalition (AIC) expressed concerns about the Online Safety Bill (OSB), and urged extensive revisions to the Bill or alternatively the overhaul of the controversial Bill. The AIC added that more comprehensive and meaningful consultation is necessary to address the complexities and nuances associated with the said Bill. Consultation and consensus is key to formulating good policies and ensuring their effectiveness. There was little or no consultation when the OSB was first drafted. The industry association, which seeks to promote the understanding and resolution of Internet policy issues in the Asia-Pacific region and represents leading global tech companies, in a letter addressed to Public Security Minister Tiran Alles said “It is crucial to ensure that the Bill is not only effective but also balanced, proportionate and practical in its scope and approach. The proposed legislation, in its present form, poses significant challenges that, if not addressed comprehensively, could undermine the potential growth of Sri Lanka's digital economy,” the letter read, pointing out several areas of concern ranging from regulatory independence and extraterritorial application to the overbroad definition of intermediaries, ambiguous terminology defining prohibited statements, and divergence from international human rights and best practice standards, among others. The letter raised concerns about the broad and ambiguous definition of prohibited statements, the duplication of existing laws, the overboard definition of intermediaries, criminal liability, intermediary liability, fixed turnaround times, due process rights and procedural safeguards, user data and systems’ access, extraterritorial application, the independence and powers of the OSB, registration with the Online Safety Commission, codes of practice, and legislative consultation. They, like civil society groups and media rights bodies in Sri Lanka, have called for a collaborative approach for such policy formulation.

Sri Lankans have long suffered due to not being involved in governance and letting politicians railroad policies which have not benefited the country but allowed the rulers to hold on to the reins of power and abuse the mandate given to them. If the OSB, in its current form, is allowed to be railroaded into law, the repercussions could be disastrous for freedom of speech, political discourse and the very future of the island nation. As such, the public, industry and those who are representing the people in Parliament should be on guard in defence of free speech and democracy, and ensure that any such legislation which is approved is done so with robust debate, due diligence, transparency and oversight. We need to be part of the process which governs us to ensure our freedom.