Sri Lanka’s ‘Online Safety Bill’ can be passed with simple majority

Sri Lanka’s Supreme Court has determined that a controversial ‘Online Safety Bill’ can be passed with a simple majority in Parliament, subject to amendments of several clauses at the committee stage.

“It is not inconsistent with the constitution and can be passed in parliament by a simple majority subject to amendments made to 31 of its provisions.”

The Supreme Court determination was informed Yesterday, 07th of November, to Parliament by the Deputy Speaker of Parliament Ajith Rajapakshe.

He said that, if sections 3, 5, 7, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 36, 37, 42, 45, 53 and 56 of the bill are amended at the committee stage, it can be passed with a simple parliamentary majority.

Otherwise, the aforesaid provisions of the draft bill must be passed by a special majority in parliament, according to the court’s determination, as per Section 84(2) of the constitution.

The bill was challenged in the Supreme Court in terms of Section 121(1) of the Constitution.

“Subject to the above, the bill or any of its clauses, are not inconsistent with the constitution. Thereby the Supreme Court’s determination is that, subject to the above amendments, it can be passed with simple majority,” said Deputy Speaker Rajapakse.

The Online Safety Bill was published in the Sri Lankan Government Gazette in September 2023.

Key objectives of the bill include establishing the Online Safety Commission, making provisions to prohibit online communication of certain statements of fact in Sri Lanka, preventing the use of online accounts and inauthentic online accounts for prohibited purposes, making provisions to identify and declare online locations used for prohibited purposes in Sri Lanka, and to suppress the financing and other support of communication of false statements of fact.

Chief Opposition Whip Lakshman Kiriella speaking after Rajapakse’s reading of the ruling chastised the government for presenting the bill in a hurry.

“I don’t know if this bill was discussed adequately with the oversight committee or with civil society. It was brought in a hurry. Now there’s more than 50 amendments. When we joined parliament, only one or two clauses of a bill would have to be amended. This one is like a factory,” said Kiriella.

Challenging the relevant bill, Colombo Archbishop Cardinal Malcolm Ranjith, General Secretary of Samagi Janabalavega and Member of Parliament Ranjith Maddumabandara,   Former Member of Parliament Mujibur Rahman of that Front, Member of Parliament of National People’s Force Dr. Harini  Amarasuriya, former presidents of the Sri Lanka Bar Association, Saliya Peiris and Geoffrey Alagaratnam, the Association of Professional Journalists, journalist Tharindu Uduvaragedara and individuals and, groups have been submitted 50 petitions.

The hearing of the petition is scheduled to continue.

END.