Friday Apr 24, 2026
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In a landmark development, the Colombo Chief Magistrate’s Court yesterday made permanent its conditional order against two accused in the first-ever case filed under Sri Lanka’s Online Safety Act, No. 9 of 2024.
The case, filed on 4 April 2024, marked the first judicial proceeding instituted under the newly enacted legislation. The petitioner, former Public Utilities Commission of Sri Lanka Chairman Janaka Rathnayake, appeared in Court and, through counsel, submitted that he had been victimised as a targeted individual under the Act.
During submissions, counsel for the petitioner outlined the five objectives of the Act as set out in its preamble, defined what constitutes a prohibited statement, and detailed the various offences created by the legislation. It was submitted that the petitioner had experienced harassment in terms of Section 20 of the Act.
When the Court inquired into the jurisdiction of the Chief Magistrate’s Court to try and determine the matter, counsel referred to Section 9 of the Criminal Procedure Code and Section 39 of the Online Safety Act. Following submissions, the Court issued a conditional order under Sections 24(1) and 24(2) of the Act, directing that notices be issued to the accused both personally and via email.
The matter was taken up yesterday before Chief Magistrate Asanga Bodaragama. Delivering the order, the Court read out the final paragraph in open court.
The conditional order previously issued against the first Respondent, Gayathri Bimba, who was the personal assistant to Rathnayake, and the second Respondent, Janaka Rajapaksha, a professor at a foreign university, was made permanent. The conditional order against the fourth, fifth, seventh, and eighth Accused was removed. With that, proceedings in the case concluded.
President’s Counsel Kalinga Indatissa, together with Vishwa De Livera Tennakoon and Shavinda Herath, appeared for the petitioner on the instructions of Attorney-at-Law Mithun Diasz.
The Online Safety Act, No. 9 of 2024 came into operation last year and provides a legal framework to address specified online conduct, including prohibited statements and harassment. This case is the first to test its provisions before court.