The Government, amidst much resistance voted to debate the controversial Online Safety Bill (OSB), citing an increase in cyber-crime, child pornograpy, cyber-bullying and spread of fake news. 

Civil society, much of the legal community and the opposition political parties have all voiced concerns about the OSB, and the true intentions of those behind it. There has also been a significant push back from Sri Lanka’s budding Information Technology and digital industry regarding the workings of the bill. Global digital giants, Social Media companies have also expressed strong reservations about the bill, indicating that it would have a significant impact on Sri Lanka’s economy. 

Yesterday (23), in Parliament opposition members sought adequate time to study the amendments proposed to the bill and to have a broad dialogue about the contents of a key piece of legislation which will likely impact Sri Lanka’s digital industry and threaten the already limited space for freedom of expression in the troubled island nation. However, the Government, made up of predominantly members from Sri Lanka Podujana Party (SLPP) are overtly keen on pushing through the legislation. Why the Government is prioritising the enactment of such controversial pieces of legislation when its focus should be on restructuring debt, fixing the enormous public sector and chasing economic stability, is telling of the political ambitions which lie beneath the push to railroad the OSB. 

The SLPP, disgraced and their Rajapaksha government dislodged through an unprecedented public protest movement recently, are wiery of the power and mobilisation capacity which exists in the online domain. The SLPP and others who support the OSB legislature in its current form, know the potential of social media in an election year. They have used it to their advantage, at times spreading fake news and narratives to shepard votes in their direction. Today, being blamed for playing a key part in Sri Lanka’s economic downfall and gross mismanagement of statecraft, the SLPP likely views the open space for dissent and criticism which Social Media offers, as a key threat to retaining power. The fact that the Government does not consider the gravity of the impact the bill can have on Sri Lanka’s fragile economy and democratic space, is indicative of the political survival instincts which they are being driven by ahead of elections. 

Irrespective of how hard the Government, particularly the Ministry of Public Security tries to “sell” the OBS to the public, many remain unconvinced, and with such concerns trending, the opposition has also found political will to resist the legislature. Yesterday, the Asia Internet Coalition (AIC) stated that the proposed Online Safety Bill (OSB), in its current form, was unworkable and would undermine potential growth and foreign direct investment (FDI) in Sri Lanka’s digital economy. The leading digital industry body refuted some of the claims made by Minister of Public Security Tiran Alles regarding contribution and consultations made by the AIC regarding the controversial piece of legislation. The AIC claimed that Tiran Alles statement in Parliament did not accurately reflect the substantial contributions that the AIC had made throughout the legislative process, which included comprehensive submissions as well as engagements such as hosting representatives from the Ministry of Public Security at the Annual Online Safety Forum organised by the AIC. “Despite our commitment to constructive collaboration, the AIC has not been privy to proposed amendments to the Bill. We unequivocally stand by our position that the OSB, in its current form, is unworkable and would undermine potential growth and FDI in Sri Lanka’s digital economy. We firmly believe that for the Bill to align with global best practices, extensive revisions are imperative,” AIC Managing Director Jeff Paine stated.

Yes, Sri Lanka like many other countries are facing increasing challenges in the digital space. Growing cyber-crime, child pornograpy, cyber-bullying and spread of fake news, foreign influence narratives are a serious concern. However, given the state’s historic misuse of well-meaning legislation to suppress dissent, curtail freedom of speech and to squash critics, like through the Prevention of Terrorism Act (PTA), and the International Covenant on Civil and Political Rights legislation, Sri Lankans have grounds to distrust the Government's intentions with the OSB. Sri Lanka has evolved to a level where suppression of dissent and silencing critics through the legislature's tools of coercion is no longer something the masses will stomach.

The Government must put Sri Lanka’s economic recovery and the wellbeing of the people, before their political survival. It must give the time and space needed for a robust debate on critical policies and not try to railroad tools of political survival. Failure to do so will likely sew the seeds for future instability, protests or even heighten risks of insurrection.