By Nalinda Indatissa, President’s Counsel.
In the digital age, the internet has become a central platform for communication, information sharing, and public discourse. However, this convenience comes with risks—false statements, harmful content, and publications that undermine the authority of the judiciary can spread rapidly. To address these challenges, the Online Safety Act, No. 9 of 2024 created the Online Safety Commission, entrusting it with powers to regulate online content, protect citizens, and uphold the law.
The Commission is empowered to:
Direct individuals, internet service providers, and intermediaries to allow affected persons to respond to harmful statements.
Stop the communication of prohibited statements and disable access to online content that violates the law.
Refer online communications that are contemptuous of court or prejudicial to judicial authority to the courts.
Investigate online offenses, issue codes of practice, advise the government, and ensure compliance by service providers.
Despite these clear powers, the Commission has yet to be appointed. This non-appointment has serious consequences for law-abiding citizens and the judicial system:
Rights of Citizens Are Neglected
Without the Commission, individuals affected by false or harmful online statements have no statutory mechanism to respond or seek redress. Prohibited statements may continue to circulate unchecked, leaving citizens vulnerable to reputational and personal harm.
Contemptuous Online Publications Go Unchecked
Online content that undermines the authority or impartiality of the judiciary can remain unaddressed, weakening public confidence in the courts and potentially obstructing justice.
Accountability Gaps in Online Communication
Internet service providers and intermediaries may not feel obligated to remove harmful content, as there is no active regulatory body to oversee compliance.
The absence of the Online Safety Commission represents a critical gap in the enforcement of online law. Law-abiding citizens are left unprotected, and the judiciary’s authority may be compromised. It is imperative that the government appoints and activates the Commission without delay to ensure that online safety, accountability, and the rule of law are upheld in Sri Lanka
