(Sri Lanka Brief/ 12 October 2025) Mount Lavinia Magistrate Pasan Amarasena issued a conditional order on October 10, prohibiting the further publication of defamatory content targeting Ms. Yasara Abeynayake on the YouTube and internet channels operated by S.A. Sudatta Thilaksir alias Suda.
The order was issued in response to a petition filed by Ms. Abeynayake under Section 24 of the Online Security Act No. 9 of 2024. The petition names S.A. Sudatta Thilaksiri as the first respondent, Google LLC (doing business as YouTube) as the second respondent, and TikTok Inc. as the third respondent.
Allegations of Defamation
Ms. Withanage Yasara Abeynayake, a resident of Mabotu, alleges that on or around September 28, 2025, the first respondent made defamatory statements through programs broadcast on his YouTube channel CLASSIC SUDAA and TikTok channel THAKKADI. According to the petition, these statements included:
- That the death of Wasim Thajudeen was caused by a “sex aria.”
- That “Yasara was being used by various people.”
- That Thajudeen had gone to declare that she had a birthmark somewhere on her body.
- That Thajudeen’s death occurred as a result of that declaration.
Petitioner’s Response and Personal Impact
Ms. Abeynayake firmly denies any connection to Wasim Thajudeen, stating she does not know him and has never had any relationship with him. She also refutes the claim about a birthmark, noting that no such mark was found during the official investigation into Thajudeen’s death.
She asserts that these statements are entirely fabricated and have been deliberately circulated by the first respondent with the intent to harass her.
Harassment and Social Harm
The petitioner details several forms of harassment resulting from the defamatory content:
- Social Embarrassment: Members of the public have confronted her with questions about her alleged “use” and private body-related claims.
- Family Disruption: Her husband has also been questioned, leading to tension and disputes within the family.
- Personal Shame: As a mother of two, she has faced severe embarrassment due to inquiries about her private life.
- Impact on Children: Her children have asked her about the claims, causing further emotional distress.
Broader Implications
The petition highlights that Ms. Abeynayake is being unfairly and disproportionately linked to a murder case, simply because she was once in a relationship with Yoshitha Rajapaksa—a fact she acknowledges, but which is not a criminal offense.
The dissemination of false and speculative statements about her body and relationships constitutes a serious violation of her privacy and dignity. As stated in the petition, such content creates an intimidating, humiliating, and hostile environment, and amounts to harassment under Section 20(1) of the Online Security Act No. 9 of 2024.
While the Online Safety Act is intended to protect individuals from online abuse, the petition also raises concerns about its potential misuse to suppress legitimate expression. The petitioner calls for civil law to be applied fairly and rigorously in cases of defamation and abuse.
Court Proceedings
After reviewing the petition, the Magistrate issued a conditional order under Section 24(2) of the Act, prohibiting further publication of the defamatory content and summoning the first respondent, S.A. Sudatta Thilaksiri, to appear in court.
Under Section 24(1), all respondents have been directed to appear before the court within two weeks. The petitioner has requested that the conditional order be converted into a permanent order under Sections 24(7) or 24(8).
The case is scheduled for hearing on October 28.
( Translation of a news story published by whatnews.lk)