Colombo Chief Magistrate issues conditional order in first application under Online Safety Act

The first application under the Online Safety Act No. 09 of 2024 was made to the Colombo Chief Magistrate Court yesterday. In the application, the Petitioner Janaka Ratnayake, former Chairman of the Public Utilities Commission (PUCSL) alleged that one or more of the several respondents named in the Petition had circulated or is attempting to circulate private information. 

Further, the petitioner alleged that he was a “targeted individual” and that one or more of the several respondents named in the petition were intentionally harassing the petitioner by communicating false statements. 

An application was made on behalf of the Petitioner to prevent the circulation of the said information under Section 24 of the Online Safety Act No. 09 of 2024.

The Chief Magistrate of Colombo Prasanna Alwis granted a conditional order in favour of the Petitioner in terms of Section 24 (1) and Section 24 (2) of the Online Safety Act No. 09 of 2024 and directed that the order be communicated to the respondents by electronic means as provided for in Section 24 (4) of the Act. 

WhatsApp LLC and Google LLC (doing business as YouTube) identified in the Petition as “Internet intermediaries”, were also named as the 7th and 8th Respondents, respectively. 

P.I.A. Gayathri Bimba, Prof.Janaka Rajapaksa (Taiwan Resident), Oshala Herath, Yasalal Perera (Talk with Lal), Kalpa Gunarathne (Meemasso TV) and Jamuni Kamantha Thushara were named as the 1st – 6th Respondents, respectively. 

The case is due to be called on the 18 April 2024 on which day one or more of the several respondents named in the petition are required to show cause under Section 24 (6) of the Act.  

Kalinga Indatissa, President’s Counsel, Vishwa de Livera Tennekoon, Lilani Ganegama, Neranjan Iriyagolla, Rashmini Indatissa, Naveen Jayamanne, Nirod de Silva Attorneys’-at-Law appeared on behalf of the Petitioner on the instructions of Mithun Diasz Attorney-at-law.