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 MP Sumanthiran challenges certification of Online Safety Act in Supreme Court

MP Sumanthiran challenges certification of Online Safety Act in Supreme Court

15 Feb 2024

President’s Counsel and Member of Parliament M.A. Sumanthiran, filed Fundamental Rights Application before the Supreme Court (SC) challenging the certification of the 'Online Safety Act No. 9 of 2024'. 


Represented by Sinnadurai Sundaralingam and Balendra, Sumanthiran argued that the Act, purportedly certified by the Speaker of Parliament, was enacted in violation of constitutional provisions.


The crux of the case revolves around the alleged discrepancies between the Act and the SC's determination, which mandated specific amendments for compliance. 


Despite the Court's directives, the Act's provisions purportedly failed to align with the required amendments, leading Sumanthiran to challenge its legality.


The petition contends that the Speaker's certification, purportedly based on advice from the Attorney General (AG), was invalid and unconstitutional. 


Sumanthiran argues that the Act's passage without adherence to the SC's directives violates fundamental rights guaranteed under Articles 12(1) and 41 of the Constitution, concerning equality before the law and the right to equality and freedom from discrimination.


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