HRCSL alarmed by OSA compliance issues with SC determination

The Human Rights Commission of Sri Lanka (HRCSL) has raised concerns about potential non-compliance with the Supreme Court’s Determination regarding the recently enacted Online Safety Act. In a letter addressed to the Speaker of Parliament, the HRCSL highlighted that the Supreme Court had identified over 30 clauses and omissions in the original Online Safety Bill that were inconsistent with the Constitution. 

While the Court permitted Parliament to proceed with the Bill after incorporating specific amendments, the HRCSL’s review of the enacted Act suggests that these changes may not have been fully implemented. The Commission emphasised that enacting legislation without addressing the Court’s concerns raises serious questions about the Act’s compliance with the Constitution, particularly regarding fundamental rights protections.

The HRCSL expressed unease over the possibility that the Act may have been passed with a simple majority despite requiring a special majority due to its inconsistencies with the Constitution. It noted discrepancies between the precise wording of the Supreme Court’s recommendations and the content of certain clauses in the enacted Act, as well as the retention of some clauses that were recommended for deletion.

The HRCSL stressed that full compliance with the Court’s Determination on the Bill is crucial to guaranteeing the fundamental rights of the people of Sri Lanka.

In a related statement, the HRCSL stated that several sections and omissions in the Online Safety Act appear to be non-compliant with the Supreme Court’s Determination on the Bill. The Commission highlighted that the Supreme Court’s Determination found over thirty clauses in the Bill and certain omissions to be inconsistent with Article 12(1) and, in some cases, Article 1a(1)(a) of the Sri Lankan Constitution.

The HRCSL emphasised that Parliament was required to introduce all necessary amendments recommended by the Court if it intended to enact the Bill with a simple majority. However, the Act’s implementation of the Court’s recommendations appears to be erroneous. The Commission expressed deep concern about the Act’s omissions in terms of its full compliance with the Supreme Court’s Determination, noting that any remaining inconsistency with the Constitution would require the enactment of the Online Safety Bill with a special majority in Parliament.

The Online Safety Bill was passed in the Parliament of Sri Lanka on 24 January 2024, with a majority of MPs supporting the bill. However, the Opposition raised concerns that the amendments proposed were not consistent with the Supreme Court’s determination.