A new policy report released in Colombo warns that Sri Lanka’s current legal framework governing online and digital publications is exposing journalists, content creators, and ordinary social media users to arbitrary arrests, legal harassment, and severe restrictions on freedom of expression. The report, produced by Factum with support from the Canada Fund for Local Initiatives (CFLI), calls for urgent reforms to protect both online publishers and individuals harmed by digital content.
The report, titled Policy Recommendation Report for Mitigating Adverse Impacts Caused by Laws Affecting Online/Digital Publications/Online Content, draws on extensive discussions with social media activists, website operators, content creators, and representatives of indigenous communities. It also includes a detailed review of Sri Lanka’s existing laws affecting online expression.
A Complex Web of Laws Governing Online Speech
The report identifies a wide range of laws that directly affect online publications—from the Constitution and the Online Safety Act to the Penal Code, ICCPR Act, Computer Crimes Act, Prevention of Terrorism Act (PTA), and election laws. According to the authors, this legal landscape is not only vast but also riddled with vague provisions that allow broad interpretation and misuse.
Among the most concerning laws is the Online Safety Act No. 9 of 2024, which the report says contains “vague and imprecise” prohibitions that can be used to silence legitimate expression. The Act empowers a non‑independent commission to order the removal of online content and imposes criminal liability on internet service providers—raising fears that major platforms could withdraw from Sri Lanka.
The report also highlights the misuse of Section 3(1) of the ICCPR Act, which prohibits incitement to discrimination or violence. Over the past several years, social media activists have been arrested under this provision, with courts later observing that many arrests were arbitrary.
Similarly, Section 6 of the Computer Crimes Act has been used to seize computers and mobile phones of activists, often without following the safeguards required by law. The PTA, with its broad definition of terrorism and powers of prolonged detention without court oversight, is also identified as a major threat to digital expression.
Documented Harms: From Unlawful Arrests to Police Harassment
Factum’s report details several recurring patterns of abuse:
- Unlawful arrests of social media users under the ICCPR Act and PTA
- Police summons without proper legal basis, despite internal circulars instructing otherwise
- Misuse of “criminal defamation”, even though it was removed from the Penal Code in 2002
- False lawsuits and conditional court orders targeting online critics
- Improper seizure of devices, often without trained officers as required by law
These practices, the report warns, have created a climate of fear among journalists, activists, and content creators, discouraging them from engaging in public-interest reporting or political commentary.
Harms Caused by Online Content
The report also acknowledges that online platforms have become a space where individuals—especially women, children, minorities, and LGBTQ+ communities—face serious harm. These include:
- Rapid spread of false information
- Hate speech targeting ethnic, religious, and sexual minorities
- Publication of private and intimate content without consent
- Extortion using personal data or images
The authors argue that any reform must balance the protection of free expression with the need to safeguard individuals from online abuse.
Key Recommendations
The report proposes a series of reforms aimed at government, media organisations, social media users, and online platforms.
For the Government
- Amend the Online Safety Act to narrow prohibited content definitions and ensure an independent, accountable commission.
- Reform the PTA, especially Section 2, to prevent misuse against online expression.
- Stop unlawful arrests by enforcing Supreme Court and Human Rights Commission guidelines.
- Acknowledge that defamation is not a criminal offence and prevent police from accepting such complaints.
- Introduce a code of ethics for online media and strengthen mechanisms for rapid removal of harmful content.
- Support fact‑checking initiatives and improve the capacity of CERT to assist victims of online harm.
For Journalists and Internet Users
- Follow ethical standards, verify information, avoid hate speech, and improve digital literacy.
- Build networks for legal support and use available remedies when rights are violated.
For Social Media Platforms
- Strengthen community standards, improve responsiveness to complaints, and cooperate with legal frameworks that protect users’ rights.
A Call for Balanced Reform
The report concludes that Sri Lanka faces a dual challenge: protecting online publishers from arbitrary state action while also protecting individuals from harmful online behaviour. It argues that meaningful reform must strike a balance between these two imperatives.
As Sri Lanka continues to grapple with the role of digital media in public life, the Factum–CFLI report provides one of the most comprehensive assessments to date of the legal risks and social harms surrounding online expression—and a roadmap for addressing them.