The Government has included two Bills titled ‘The Online Safety Act’ (OSA) and the ‘Anti-Terror Act’ (ATA) in the Parliamentary Order Paper dated 3rd October 2023. Both Bills have sweeping provisions to seriously. curtail and even violate the freedoms of expression, free speech, right to information, assembly and association. Both present fatal threats to democracy and fundamental rights in this country.
The OSA proposes to create an ‘Online Safety Commission’ appointed by the President and dismissed at his will and pleasure, which is given sweeping powers to determine if a statement is a ‘false statement’ and take measures to ‘prohibit’ it from circulation. The Commission has powers to issue directives to persons and online service providers to remove or block content, sites and locations. If its directives are not complied with, penal sanctions including prison sentences and fines can be imposed. The OSA will embed a culture of state harassment of online journalists and activists, artists, scholars, writers, Trade Unions Civil Society Organisations, including Women’s Groups, Human Rights defenders, professional organisations, and any citizen who dares to criticize government and disagree with its policies and governance. Not only the Fundamental Rights of speech, expression and access to information, but the right to claim them through the connected rights of freedom of protest and association will be curtailed and destroyed by the State. The inevitable self-censorship of citizens and communities that can follow, will embed authoritarian and dictatorial governance that has no respect for the Sovereignty of the Sri Lankan people that is a foundational value in our Constitution. The lack of accountability and corruption in governance that we see today will become a permanent aspect of governance. The impact on the life of a Sri Lankan citizen and another generation will be far reaching and hard to reverse. This will complete Sri Lanka’s transformation into a complete Orwellian State where what the ‘truth’ is will be determined and imposed exclusively by the State.
The ATA will be a reinvention of the of the draconian Prevention of Terrorism Act (PTA), which it claims to repeal. Under the ATA the definition of what comprises ‘terrorism’ is so vast and vague that any act can become an act of terror if the State deems it so. Any protest or strike can become an act of terror. Any instance of free speech can be deemed as inciting ‘terrorism’. Any organisation can be proscribed as a ‘terrorist’ association. Any publication can be deemed a ‘terrorist’ publication. Anyone associated with ‘terrorist’ suspects, by virtue of association and knowledge, can be punished. Detentions will be made through executive orders and the military has been given powers to arrest and detain, powers which it did not have even under the PTA. The ATA will create a permanent state of emergency where Sri Lanka will effectively become a military state functioning under the exclusive dictate of the Executive. Repealing the PTA has been a promise made to the nation and the global community of nations represented at the United Nations. What this bill does however is to increase the power of the State to repress citizens and deny the Constitutionally guaranteed Fundamental Rights of the People.
The proposed laws are a clear indication that the government fears that its indifference to the grave hardships of the people in this economic crisis will not be tolerated, and will be resisted. The Citizens of this country were not responsible for this man made crisis. Instead of taking the responsibility for the crisis, the government is making use of debt restructuring to make laws that encourage governance that is not accountable to the people and tries to legalise misuse of state power. Under the guise of domestic debt restructuring savings of the working people are being stolen. Under the guise of labour law reforms proposals are being pushed to bring an end to the right to unionise and exploit women’s labour. Women’s groups and activists have made an important contribution to ensuring that our laws and policies on women’s work conform to international ILO and other standards, and our Constitution. The proposed labour laws target women disproportionately, and will eliminate all these gains, embedding and encouraging exploitation of their labour. Even criticism of the transformation will be prevented by these repressive laws.
We are still suffering the impact of repressive laws of the past, enacted in the name of national defence, stability, economic growth and development. What Government needs to do, is to learn from the past and engage in enlightened law making. That agenda must repeal repressive laws and respond to embedded corruption, foster national unity and equitable economic growth that benefits all citizens in our plural society. The government’s intention in passing laws that violate the basic values of democratic governance in our Constitution, shows that they want to change course, and establish a political dictatorship. The pretext is debt restructuring and economic recovery from bankruptcy.
We as Women’s groups and other Civil Society groups and concerned citizens call upon the government to withdraw ALL these Bills from Parliament. Government must engage in a process of consultative law making, that we saw when the Right to Information Bill was passed. That law has received praise for strengthening accountable governance in local and international reviews of governance in our country. MPs, whether or not they are unelected by the people, and come to Parliament from a national list, take an oath of office that must respect the responsibilities of office under the basic law of our country the Constitution. According to the Preamble to that document THEIR DUTY IS:
“ to humbly acknowledge (their) obligation to ratify the immutable republican principle of representative democracy, assuring to all people Freedom Equality Justice Fundamental Human Rights and the Independence of the judiciary”.(PREAMBLE Constitution 1978)
We call upon the govt to WITHDRAW ALL these bills, and engage in a public conversation with qualified persons and citizens on public policy in these important areas. We call upon ALL Members of Parliament to fulfill the above stated Constitutional mandate and VOTE AGAINST these repressive laws.
Individual Signatories:
- A. C. Fathima Husna (Attorney at Law)
- A. Rose (Community Activist)
- Aakiya Aman (Entrepreneur)
- Ambika Satkunanathan (Former Human Rights Commissioner)
- Ameena Hussein – Writer
- Anberiya Haniffa – Director, Muslim Women’s Research and Action Forum, Development Consultant
- Aneesa Firthous (Women’s rights Activist)
- Annie Kurien – Director Centre for Social Concern
- Anuratha Rajaretnam (Coordinator Suriya)
- Ashila Dandeniya (Labour Rights Activist)
- Balarasa Ratneswary (Women’s Rights Activist)
- Balasingam Sukitha (Women’s Rights Activist)
- Bisliya Bhutto (Former Local Authority Member)
- Chamila Thushari (Women’s Labour Rights Activist)
- Chandani Herath (Chairperson Sunila Women and Children Development Foundation)
- Chriten jeyaseelan Augustalima (Social Media Activist- Mannar )
- Deepika Udagama – Professor of Law University of Peradeniya Former Chairperson Human Rights Commission of Sri Lanka
- Dr Tush Wickramanayaka (Child Rights Activist)
- Dr. Chulani Kodikara – Polity Editorial Collective, Former Member of National Committee on Women
- Dr. Radhika Coomaraswamy –Fellow International Centre for Ethnic Studies
- Dr. Ramani Jayasundera, Board Member Centre for Women’s Research
- Dr. Selvi Thiruchandran – Former Member RTI Commission and Executive Director Women’s’ Education and Research Centre
- Dr. Sepali Kottegoda – Director Programmes and Research, Women and Media Collective
- Dr. Thiloma Munasinghe – Public Health Consultant
- Dr. Thiyagaraja Waradas – Human Rights Activist
- Duleep de Chickera, former Bishop, Anglican Church of SL
- Ermiza Tegal – Attorney at Law
- Faizun Zakeriya, Co- Founder & Director, Muslim Women’s Research and Action Forum
- Fathima Ilma (Former Local Authority Member)
- Geethika Dharmasinghe – Senior Lecturer University of Colombo
- Geoffrey Alagaratnam – PC Former President of the Bar Association of Sri Lanka.
- Hamthun Jumana – Women’s Rights Activist Mullaitheevu
- J.R.A Dorin – Community Activist
- Janakie Seneviratne – Women’s Rights Activist
- Jayanthi Kuru-Utumpala (Women’s Rights Activist )
- Jegatheeswaran Thayalini (Women’s Rights Activist)
- Jegatheeswaran Varayalini (Women’s Rights Activist)
- Jezima Ismail – Educationist, Former member Human Rights Commission of Sri Lanka Co-founder Muslim Women’s Research and Action Forum
- Justice Rohini Marasinge – Former Chairperson Human Rights Commission of Sri Lanka
- Juwairiya Mohideen (Women’s Rights Activist)
- K. Nihal Ahamed (Social Activist- Ampara)
- K.Yogeshwary (General Secretary Working Women Front – Katugastota)
- Kanaka Abeygunawardana (Independent Consultant)
- Kanthaiyah Kalaivani (Political Activist)
- Karuppaiya Saththiyaseelan (Women’s Rights Activist)
- Kathirkamanathan Hemalarha (Women’s Rights Activist)
- Kiruthika Thurairajah – Independent Consultant
- Kunaraja Ajitha (Women’s Rights Activist)
- Laxman Rajani (Social Worker)
- M,Y. Minnathul Suheera (Attorney at Law)
- M.Noorul Ismiya (Community Mobiliser)
- Mahaluxmy Kurushanthan (Human Rights Defender – Mannar)
- Mahendiran Nirmalathevi (Women’s Rights Activist)
- Maithreyi Rajasingam – Director – Vilithu
- Manjula Krishnamoorthy (Former Local Authority Member)
- Mansoor Mafahira (Social Mobiliser – Mannar)
- Marisa de Silva (Social Media and Community Activist)
- Mohamed Majeed Jansila (Women’s Rights Activist – Mullaitheevu)
- Mujeeba Mujeeb (Former Local Authority Member)
- Nabeela Iqbal (Sisterhood Initiative)
- Nadaraja Sumathy (CSO Activist- Ampara)
- Nadhiha Abbas (Attorney at Law)
- Nalini Rathnarajah (Women Human Rights Defender)
- Nelum Gunesekera – Consultant – Gender and Social Inclusion.
- Nirmalan Arththigan (Women’s Rights Activist)
- P. Renukathevi (Program manager ESDF- Batticaloa)
- Padma Pushpakanthi (Social Activist)
- Padmini Weerasuriya (Executive Director)
- Prema Gamage – Gender and Development Consultant.
- Priyanthi Fernando- Former Executive Director Centre for Poverty Analysis Sri Lanka and International Women’s Rights Action Watch Asia Pacific.
- Prof Gameela Samarasinghe, University of Colombo
- Prof Harendra de Silva (Emeritus Professor of Paediatrics University of Colombo and Former Chairperson National Child Protection )
- Prof Savithri Goonesekere – Emeritus Professor of Law, Former Vice Chancellor University of Colombo
- Prof. Camena Gunaratne, Open University
- Rajabdeen Rasika (Women’s Rights Activist Mullaitheevu)
- Rajany Rajeshwary (Feminist- Jaffna)
- Ramani Mutthetuwegama (Attorney at Law)
- Ranitha Gnanarajah (Attorney at Law)
- Ravinthiran Kounthini ( Women’s Rights Activist)
- Rev. Dr. Jayasiri T Peiris Former General Secretary of the National Christian Council of Sri Lanka and Former Principal, Theological College of Lanka
- Rev. S D P Selvan
- Rifa Mohamed Musthafa (Social Activist- Ampara)
- Rifsana Fiqry (Entrepreneur)
- Rizani Hamin (Women’s Rights Activist)
- S. Janeeta (Social Activist- Ampara)
- Safana Gul Begum (Attorney at Law)
- Sakuntala Kadirgamar – Executive Director, Law and Society Trust
- Saliya Peries – PC Former President of the Bar Association of Sri Lanka.
- Sarala Emanuel – Independent Researcher
- Saratha Thevi (Psychosocial Counselor)
- Saththiyaseelan Niththis (Women’s Rights Activist
- Selvanathan Tharsan (Women’s Rights Activist)
- Selvarasa Jeyantha (Women’s Rights Activist – Mannar)
- Selvarasa Thileepan (Women’s Rights Activist)
- Shafinaz Hassendeen, Retired International Labour Organisation Official, Director, Muslim Women’s Research and Action Forum
- Shareefa Ameer (Entrepreneur)
- Shiranee Mills –Executive Director, Women’s Education and Research Centre.
- Shireen Samarasuriya – Director, Voice of Women
- Shreen Saroor (Human Rights Activist)
- 100.Shyama Salgado – Retired Official International Labour Organisation
- 101.Shyamala Gomez (Women’s Rights Activist)
- 102.Shyamala Sivagurunathan (Independent Consultant)
- 103.Shydha Zaara (Scoal Activist)
- 104.Sirany Thevakumar (Women Human Rights Defender)
- 105.Sithravel Ethayarani (Women’s Rights Activist)
- 106.Sitraleka Maunaguru –Independent Feminist Researcher – Batticaloa
- 107.Siva Mariyarosalin (Women’s Rights Activist
- 108.Sri Easwaray (Women’s Rights Activist)
- 109.Sri Kopika (Women’s Rights Activist)
- 110.Sulochana Peiris (Independent Writer and Documentary Maker
- 111.Sumika Perera- Director, Women’s Resource Centre, Kurunegala
- 112.Suntharalingam Saththiya (Women’s Rights Activist)
- 113.Suntharampillai Suganthi (Women’s Rights Activist)
- 114.Surendran Thamilini (Women’s Rights Activist- Mannar
- 115.Suresh Jayawardhane (Freelance Consultant and CSO Activist
- 116.Swasthika Arulingham (President Commercial Industrial Workers’ Union)
- 117.Thadchanamoorthy Navajothy (Women Human Rights Defender -Batticaloa)
- 118.Tharanga de Silva – Women and Media Collective
- 119.Vanie Simon (Women’s Rights Activist)
- 120.Vibooshi Balakrishnan (Human Rights Activist)
- 121.Vijayatheva Sasikala (Former Municipal Council Member – Batticaloa)
- 122.Vijitha Ehamparanathan (Women’s Rights Activist- Trincomalee)
- 123.Vipulan Shamini (Women’s Rights Activist)
- 124.Vivekananth Sinthuka (Women’s Rights Activist)
- 125.Y. Rinoza (Social Activist- Ampara)
Organizations and Collectives:
- Affected Women’s Forum
- Alliance for Minorities
- Ampara District Alliance for Land Right (ADALR)
- Cantre for Women’s Research
- Centre for Equality and Justice
- Centre for Social Concerns
- Community Welfare Fund Sri Lanka
- Dabindu Collective
- Forum of Women Human Rights Defenders, Eastern Province
- Human Elevation Organization (HEO)
- Law and Society Trust
- Liberation Movement
- Malarum Mottukal Collective – Mannar
- Mannar Women’s Development Federation
- Muslim Women’s Development Trust
- Muslim Women’s Research and Action Forum
- Network of Women in local politics, Eastern Province
- Network of Women with disabilities, Batticaloa district
- Puttalam District Women’s Self Employment Reconciliation Forum
- Rainbow Pillars for Creativity (Batticaloa)
- Rural Development Foundation
- Savisthri National Women’s Movement
- Sri Vimukthi Fisher Women’s Organisation (Negombo)
- Stand Up Movement Lanka
- Suriya Women’s Development Centre
- Vallamai-Movement for Social Change
- VILUTHU
- Voice of Women
- Women Actions for Independent Development -WOMEN AID
- Women and Media Collective
- Women Development innovators
- Women’s Action for Social Justice
- Women’s Centre Sri Lanka
- Women’s Action Network
- Women’s Education and Research Centre
- Women’s Resource Centre, Kurunegala
- Working Women’s Front
Buddhist1 / October 21, 2023
It is sad that even the Supreme Court of Sri Lanka has started to violate the Constitution of the country. How can the SC give a ruling that accepts the fact that the bill has not gone through the 1st reading when the Constitution clearly states that the time given to file legal action against any bill starts from the time it’s in the Parliament Order Paper?
The reason why SL has gone to dogs is that the Police, The Speaker, and the Judiciary have become puppets of the politicians.
It is time to appoint SL-born foreign nationals with education, knowledge, and experience to the posts of IGP, Chief Justice, and the Attorney General.
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Buddhist1 / October 21, 2023
We also see how Diana Gamage’s black-and-white case is being postponed day after day by the Judiciary delaying the judgment! We also see Namal Rajaksa’s and Basil Rajapaksa’s cases also following the same trend.
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old codger / October 22, 2023
“The OSA proposes to create an ‘Online Safety Commission’ appointed by the President and dismissed at his will and pleasure, which is given sweeping powers to determine if a statement is a ‘false statement’ and take measures to ‘prohibit’ it from circulation……The inevitable self-censorship of citizens and communities that can follow, will embed authoritarian and dictatorial governance that has no respect for the Sovereignty of the Sri Lankan people that is a foundational value in our Constitution.”
A grand statement, but is it true? Did we EVER have untramelled freedom of expression, and if so, when? Those who have lived long enough will recall the Censor Board. Would it have been possible for the JVP to use the SLBC to promote itself? 60 years after the event, do we have a single feature film or documentary about the SWRD assassination? Who is imposing self-censorship?
The advent of social media has democratised the dissemination of news and opinion, but it has also produced a class of opinionated half-wits lacking both erudition and good manners. The ones who scream the loudest get the most views. The ultimate aim of many of these characters is to make as much money as possible.
If the OSA can cure some of these ills, so be it.
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Captain Morgan / October 22, 2023
Ranil Wickremasinghe is a far more dangerous dictator than Gotabaya Rajapaksa ever was. If he believed in democracy, freedom of expression, and human rights he would not allow offensive laws like these to be presented in parliament. But the sad truth is he is the man behind all this!
I am glad to note that the majority of petitioners here are females. However, we would all like to see more prominent men like professionals and businessmen come forward and protest against obnoxious laws such as these.
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Douglas / October 22, 2023
I NEED (1) Legislation “Online Safety” and (2) “Anti Terrorism” to put an end to some of the madness going on in the country, especially within the Executive and the Judiciary.
But that “Need” does NOT give carte blanch to any “Authority” (the Legislature and the Executive) to promote and foster INJUSTICE and VIOLATE the basic human right to live as a FREE man in a world of “Morality and Justice”.
I trace back the “Origin” of these two Legislations to a speech that the present President gave to a congregation of Armed Personnel, wherein he said: ” I have given instructions to the Minister of Justice to frame toughest legislation to combat the disorder that is going on in the country”. So the present Minister of Justice – PC and a Dr.(in what I don’t know) got a kick out of his sleep and came up with these Legislations to showcase his “Brilliance” to his “Boss”. In Parliament, he said: “Let us discuss this and agree. I am open to discuss”. This is his usual way of skipping off the problems, but with the hidden agenda to do what he wants. Instead, why he can’t say “I am withdrawing the two Legislations and will go for PUBLIC CONSULTATIONS on a broad basis?
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chiv / October 22, 2023
Lankan GAZA.
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Leonard Jayawardena / October 22, 2023
I have only glanced through an online copy of the proposed Online Safety Bill so I am not qualified to opine on whether it would be a sound piece of legislation, but I agree in principle that there should be some legislation to control and punish abuses of the social media.
There are many users of the social media who recklessly and irresponsibly disseminate allegations against various persons without adequate substantiation and not caring about it. I personally would not level an accusation against any one even in a private family gathering such that I would not do publicly at a media conference, fully cognizant of the legal risks involved.
Just yesterday I heard an opponent of the Bill say that it would have prevented the mobilisation of people that was needed to expel Gota during the Aragalaya. But this was precisely the sort of abuse of the social media that shouldn’t have happened!
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Mallaiyuran / October 22, 2023
“cognizant of the legal risks involved. “
Which legal risks do you mean; present one which one-time lowered Langkang as 174th in 179 countries in Media safety, or proposed or the one you believe need to bring in? What is your feeling about the 45 Tamil Journalists murdered after war, while many high-profile Colombo Media persons’ murder cases were going? Why do I think Langkang dropped into extreme corruption and is now bankrupt? Is that indicating the politicians are truly exposed for their conducts? Where do you think the legal balance has tilted, the media side, politicians’ side, or people side?
“irresponsibly disseminate allegations against various persons without adequate substantiation”
Why did Hitler King withdraw the libel & damage case against the media on the Mig purchase case? Why did Deva withdraw his case on Uthayan, which accused him of sending paramilitary to raid its office: 1). Weakness of the legislation on libel side, 2). weakness on Media control, 3). rulers think that they can do anything to the Media anytime, but sometimes lose the stream. After the loss of Mig case, under what kind of moral justification Ali Sabre became the UNP Foreign Minister? Shame on him.
I personally would not level an accusation against any one even in a private family gathering
It doesn’t seem that it is that way, honestly!
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Mallaiyuran / October 22, 2023
This quite normal world over the truth always gets murdered by the gang of patriotic, but traitorous truths. The fault is with the creator, he gave one to a cunning, deceiving mind, and to another, innocent stupidity.
For Ex: You may be on the seat so you want the law to protect you, even if you are not innocent. Modaya on the road, have no capacity to think about protecting them. Junious Richard said that he can do anything up to change a man into a woman. Then placed all needed laws to protect him when get engaged in doing all those black arts.
So the three hundred are pulling the chariot, but three successfully stopping it. For Ex. That is what the law is!
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Ajith / October 22, 2023
“I agree in principle that some legislation to control and punish abuses of social media”
What about the abuses of MPs, Ministers, Prime Minister and Presidents?
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Douglas / October 22, 2023
Ajith: Your question: “What about the abuses of MPs, Ministers, Prime Ministers and Presidents?
YES. That is a MUST to PUNISH and RECOUPE all the “ILLGOTTEN” wealth (Robed from the People). We need not have fresh Legislation. We have enough of the Legal Provisions to do that.
What we NEED is a COMMITTED Government to do that. “THAT” Government must set up a few “SPECIAL COURTS” and hold TRIAL-AT-BAR procedure with a MANDATE to finish it within a set time frame to make the judgments. Those proceedings must be made available through Electronic Media to be viewed by the PEOPLE so that the PUBLIC opinion will also be counted.
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leelagemalli / October 23, 2023
AJith, .
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The problem arises when the facts are put aside , sometinmes mere untruths, and interpreted subjectively. Many of the u tubers, behave forgetting that they are not qualified enough to report in public because it has become their gold mine to earn their living. no matter charactor assasianations or dignity would have been damaged, they abuse their pen and mouth further. Best examples are SUDA CREATION, CHAMUDITHA SAMARAWICKRAMA, SEPAL AMARASINGHE, THESE MEN ARE MORE INTO THEIR OWN COMMECIAL GAINS than balanced views about whatever they report. Many of them pretend to be patriots. THese human beasts are to be punished sooner than later.
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A significant portion of lanken population talks about making srilanka a Singapore, stupidly enough , whenever some new reforms are talked about, including the JVP youth and their soc alled JVP/VIYATHTHU start criticizing it to infinity. JVPs and their cyber whores have been abusing their pen round the clock.
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European, North American and other developed nations have long ago introduced strict rules to their people. i am in the view, human beings should be tamed by laws otherwise, they are no different to the beasts.lawless srilanka proves it from monring to evenings. if we had introduced rigorous laws long ago, Wimal weerawanse or the like filthy mouths in public would not have bred up in this nation.
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tbc
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leelagemalli / October 23, 2023
cont
/THIS MEANS NOT THAT THEY SHOULD AGREE WITH every LAWS BUT TO SOME REFORMS. OTHERWISE, WE WILL HAVE TO BE ROT IN STAGANTIONS. / Unfortunately, this is as common in our hell as monkeys have taken up barber knives. Many of them, politicians, journalists and even lawyers make the same mistake over and over. / Lawyers and other professionals are also total ignorants that social media is as free as garbage to them because there is no limit to revenge and character assassination. / Barriers have to be set up, and after society is rebuilt, they can approach the dilution of rules only after a long time. / FIrst things first and then others. I have observed anyone and everyone abusing their cyber freedom in Sri Lanka, I know for sure, abusing smartphone for free photos is a punishable act in Germany, Switzerland, UK and many other countries in Europe. You are not allowed to take photos without anyone’s permission. Some airports do not allow passengers to take photos of their loved ones at the departure gates. / I think since private TV channels started with unsubstantiated news telecasts, social media might have thought of copying them. For me, every time I enter the borders of Sri Lanka, * I am very upset that I cannot agree with them from the passport checks until I leave the island back to Europe*.
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Lasantha Pethiyagoda / October 23, 2023
Sri Lanka is a failed state, in that everyone who is under the yoke of an authoritarian unrepresentative and unelected set of rulers is struggling to survive by doing anything their masters want them to. So, the judiciary and the legislature are bending over backwards to keep the repressive regime in power, instead of joining forces with independent bodies to dismantle this totally corrupt and undemocratic system consisting of a set of grand criminals and their enablers, the corporate class. Elections have never been the solution as people can still be bought over with personal favours. A popular and peaceful revolution is probably the only solution to wrest back the people’s country from the clutches of vermin scumbags. No one else can step in to save the people. They themselves must do it.
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