HRCSL Highlights Constitutional Inconsistencies in Online Safety Act

COLOMBO (News 1st): The Human Rights Commission of Sri Lanka (HRCSL) has expressed deep concern about the potential non-compliance of the recently enacted Online Safety Act with the Supreme Court's Determination.

In a letter 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 allowed Parliament to proceed with the Bill after incorporating specific amendments, the HRCSL's review of the enacted Act suggests these changes may not have been fully implemented.

The Commission emphasizes 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 letter expresses 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 added that the precise wording of the Supreme Court with regard to certain clauses in are not reflected in the act, while some clauses that were recommended from to be deleted from the bill remain in the Act.

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