GNI calls for rights-based reforms to Sri Lanka’s Online Safety Act

The Global Network Initiative has published an extensive set of recommendations calling for substantive human-rights reforms to Sri Lanka’s Online Safety Act of 2024. The organisation welcomes the government’s decision to revisit the Act and its intentions to adopt a more participatory legislative process, but remains concerned that multiple provisions continue to pose serious risks to expression, privacy and democratic engagement online. GNI has monitored the OSA since its inception and notes that, without clear amendments, the law could restrict legitimate speech, deter civic participation and undermine media independence.

According to GNI, the Act’s broad and ambiguous definitions of prohibited content, heavy criminal penalties for online expression and the creation of an under-regulated Online Safety Commission are central issues requiring urgent revision. These elements, it argues, could chill debate, restrict access to information and discourage innovation across Sri Lanka’s digital environment. The submission urges the government to ensure that the ongoing review is conducted transparently and that any amendments reflect the country’s constitutional protections and its obligations under the International Covenant on Civil and Political Rights.

GNI’s key recommendations for a rights-respecting reform process:

• narrow overly broad provisions such as those addressing ‘false statements’ and ‘religious insult’ to comply with legality, necessity and proportionality requirements
• establish an independent, transparent appointment process for the Online Safety Commission
• align the Act with the Personal Data Protection Act and include safeguards for privacy, encryption and due process
• introduce remediation mechanisms, whistle-blower protections and opportunities for public interest litigation
• require human-rights impact assessments and public consultations for all future amendments

GNI also highlights concerns about the Act’s wide definition of ‘intermediary,’ which may impose disproportionate compliance burdens on smaller enterprises and inhibit digital innovation. In addition to its recommendations, the organisation reiterates its willingness to support the government’s reform efforts by convening experts from civil society and the private sector and by providing further analysis based on international human-rights standards.